Negligent Driving 1st or 2nd Degree

Negligent Driving 1st Degree

Negligent Driving 1st Degree is a criminal misdemeanor charge.

According to the RCW 46.61.5249: A person is guilty of negligent driving in the first degree if he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or marijuana or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.

If convicted, a negligent driving in the 1st degree has a maximum penalty of:

  • 90 days in jail
  • $1000 penalty

A conviction of Negligent Driving 1st degree does not have a negative impact on the driver’s license and does not require a SR-22 filing.

There may be additional requirements, if there are prior convictions, including a conviction of DUI.

Ignition interlock license may be required by the Washington State Department of Licensing which include a requirement for an SR-22 filing.

Ignition interlock device may be required to be installed in your vehicle

Negligent Driving 2nd Degree

Negligent Driving 2nd degree is a traffic infraction

It is considered a moving violation that may have negative insurance consequences. This infraction is subject to a penalty of $550.00

According to RCW 46.61.525: A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.

There are many ways an experienced traffic attorney can fight your ticket for you.

Call us now to ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

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Your Driving Record

Your Driving Record

 According to the Washington State Department of Licensing  an abstract or copy of driving record, is “a history of violations, convictions, collisions, and departmental actions incurred by a driver over a period of time”.  

Types of Records

There are several different types of driving records that are available through the Washington State Department of Licensing.  Driving records are considered confidential and are only available to those parties who are authorized by law and they are not allowed to reveal the information contained on the record to a third party.

  • Complete record- contains convictions, violations, collisions, suspensions, revocations, and disqualifications, deferred prosecutions, and failures to appear.  Those who are allowed to get a complete record copy are those individuals named on the record, attorneys, law and justice agencies and governmental agencies.
  • Insurance Abstract- contains the past 3 years of commercial and non commercial driving including convictions, violations, collisions, and failures to appear.  Those who are allowed to obtain an insurance abstract are those individuals named on the record and insurance companies and their agents. This type of record is used to create and renew motor vehicle insurance policies.
  • Employment Record- contains convictions, violations, collisions, suspensions, revocations, disqualifications, deferred prosecutions, and failures to appear.  Those who are allowed to obtain an Employment Record are those individuals named on the driving record, employers and their agents and prospective employers and their agents.  This type of record is used to determine if a driver should be employed.
  • Alcohol/Drug assessment (up to 10 years)–Used by chemical dependency agencies

To get a copy of your driving record you can:

  • Visit any local Washington State Department of Licensing.  You will need to provide photo identification along with the $13.00 fee.  
  • Purchase online.  You will be required to provide the Washington State Driver’s license number, along with your social security number, and a credit/debit card to pay the $13.00 fee. 
  • Request by regular mail.  You would send the driving records request form along with a check or money order for the $13.00 fee.

There are many ways an experienced traffic attorney can fight your ticket for you.

Call us now to ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

(425) 259 4972

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Accident Tickets

Accidents

Accidents have many different components and can be very complex at times.

These can include injuries, vehicle damage, vehicle loss, property damage, impound, clean up fees and tickets.

Accident tickets

Not all accidents result in an issuance of a traffic ticket.  Some common citations issued due to an accident include: speed too fast for conditions, improper lane change, failure to yield, failure to stop, following too close and negligent driving.

These infractions are considered moving violations and can effect your record. If a citation is issued regarding the accident it would appear in the infractions section of the motor vehicle record.

We Can Help

Once hired, we would go to court for you and help fight the traffic ticket in court. Our goal is to keep the citation, the moving violation, off of the infraction section of your driving record.  

In Washington the report of an accident will appear on your driving record in the Accident Section. This record is not able to be removed.

There are many ways an experienced traffic attorney can help you.

Call us now to ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

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Safety Belts in Washington

Seat Belt Law

In Washington State, as an adult you are required by state law to wear a seat belt while operating a motor vehicle.

As written in the RCW 46.61.688, every person over the age of 16 who is either a driver or a passenger in a vehicle is required by law to wear a safety belt in a properly secured manner.

As the driver of the vehicle you are required by law to ensure that all passengers under the age of 16 are wearing a seat belt or are securely fastened in an approved child safety restraint.

There can be a written verification from a licensed physician that states that the operator or passenger is unable to use a safety belt for medical or physical reasons.

If you violate the seat belt law of Washington State you could be issued a traffic infraction. If found guilty of the traffic infraction, it will appear on your driving record, however according to RCW 46.61.688 the traffic infraction is not available to insurance companies or employers.

Child Restraint

A child under 2 years of age must be secured in a rear-facing restraint until the child reaches the height or weight limit of the restraint system as set by the manufacturer.

A child who is under 4 years of age must be secured in a forward-facing restraint until the child reaches the height or weight limit of the restraint system as set by the manufacturer.

A child that is less than 4 feet 9 inches tall is required to be properly restrained in a child restraint system and it must comply with standards of the United States department of transportation and must be properly installed in the automobile according to the restraint instructions and the automobile automobile manufacturer.

A child who is under the age of 13 must ride in the back seat positions of an automobile when back seat positions are available.

Enforcement of the child restraint law is usually done by a visual inspection by a law enforcement officer to determine if the child restraint system has been properly installed and it is the proper system for the child’s age and height.

A driver who violates the child restraint law may be issued a traffic infraction. According to RCW 46.61.687, if a driver that is issued a traffic infraction for violating the child restraint law provides proof within 7 days to the issuing jurisdiction that an approved child restraint system has been acquired and if the driver has not had previous child restraint dismissal, the issuing jurisdiction may dismiss the notice of traffic infraction.

There are many ways an experienced traffic attorney can fight your ticket for you.

Call us now to ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

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Ticket Terminology

Ticket Terminology

There are terms that are related to these tickets that can be confusing. We are going to try to clear them up for you.

Traffic and Non Traffic Citations

A ticket that is related to a vehicle is considered a Traffic Ticket.

This might include Speeding, Fail to Obey Traffic Control Device, Fail to Renew Registration, Safety belt and more.

A ticket that does not involve a vehicle is considered a Non Traffic Ticket

This might include Jaywalking, noise violations, or other items.

Traffic Tickets? Let us talk about Moving Violation and Non Moving violation.  

Moving Violations affect your record and can cause your insurance rates to go up.

How Can You Tell If it is Non Moving or Moving?

There is a list of moving violations and non moving violations on the Washington Administrative Code, also known as the WAC.

WAC 308.104.160 has this list.

This list is not exhaustive and some non moving violations can affect your record.

Moving Violations

According to WAC 308-104-160 the term “moving violation” means any violation of vehicle laws listed in this section that is committed by the driver of a vehicle, while the vehicle is moving.

Non Moving Violations

Parking violations, equipment violations or paperwork violations relating to insurance, registration, licensing and inspection are considered “non-moving violations”.  

How do these affect your record?

Each violation that is issued will have different consequences to you and your record.

There are several factors to consider when addressing a ticket, do you:

  • Have a Commercial Drivers License?
  • Drive for work?
  • Have an Intermediate License?
  • What is the specific charge (reason for the ticket)?

A Moving Violation that is reported to the Department of License will appear on your Driving Abstract for 3 years.  It may affect your insurance rates and possibly your work.

A Non Moving Violation may be reported to the Department of License.  The consequences for a non moving violation are less than for a moving violation and may not affect your car insurance rates.  Each insurance company and policy is different.

For example: according to RCW 46.61.688 a person violating the safety belt law will be issued a traffic infraction.  If a committed finding is found for the safety belt violation it shall be reported on the driver’s abstract but shall not be available to insurance companies or employers.

Call us now to ask additional questions or to hire an experienced attorney who has deep connections with the local legal system.

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Speed Too Fast for Conditions

But I was not speeding…

A Speed Too Fast for Conditions infraction is in the same sub sections as speeding.  And while you might not have been speeding,  the Condition refers to being too close to the car in front of you to be able to stop before running into the back of that car.

I Don’t Want it on My Record…

Call the office to discuss the details and see if we can help you with an infraction like this.

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