In Washington State, Negligent Driving usually refers to two different statutes:
RCW 46.61.5249 – Negligent Driving in the First Degree
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 an illegal drug.
Negligent Driving in the First Degree is a misdemeanor punishable by a maximum of 90 days in jail and a $1,000 fine. There is no mandatory minimum jail time or minimum license suspension for those convicted of negligent driving in the first degree. However, if your charge was amended from DUI/Physical Control to Negligent Driving in the First Degree, the conviction could count as a prior offense for DUI mandatory minimum purposes.
RCW 46.61.525 – Negligent Driving in the Second Degree
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.
Negligent Driving in the Second Degree is an infraction. While a finding of committed may increase your insurance rates, it is a traffic infraction punishable only by a fine – not jail.
The definitions of these crimes are provided for illustrative purposes only. Consult an experienced Washington criminal law attorney before making any decisions about your case.
Mr. Nagle accepts cases throughout Washington State, focusing on greater Snohomish and King Counties, including the following areas: Lynnwood, Everett, Mill Creek, Bothell, Edmonds, Arlington, Kenmore, Kirkland, Lake Stevens, Marysville, Mountlake Terrace, Mukilteo, Redmond, Seattle, Stanwood, Seattle, and Shoreline. Brett specializes in Snohomish County, serving the following zip codes: 98223, 98012, 98021, 98241, 98020, 98026, 98201, 98203, 98204, 98205, 98206, 98207, 98208, 98213, 98251, 98252, 98256, 98258, 98037, 98046, 98087, 98270, 98271, 98272, 98043, 98275, 98259, 98287, 98290, 98291, 98296, 98292, 98293, 98294.