Negligent Driving in the 2nd Degree-What it is and what it’s not?
Posted Thursday, July 14, 2016 by Andrew Charles Huff
I have represented hundreds of people for various traffic infractions over the years and no violation creates more questions than “negligent driving,” in this case Negligent Driving in the 2nd Degree.
Negligent Driving in the 2nd Degree is a traffic infraction and not a criminal offense. This means there is no jail time, it will not appear on your criminal record and the maximum fine allowed for this infraction is $550. There are essentially two parts to RCW 46.61.525, the “Negligent Driving in the 2nd Degree” statute. This law prohibits driving “in a manner that is both negligent and endangers or is likely to endanger any person or property.” Being “negligent” means the “failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.”
In accusing a person under this law, an officer must describe actions which allegedly are both (1) negligent and (2) endangers or is likely to endanger persons or property. Both elements of the infraction must be proven or the court cannot find the infraction committed.
What actions could be considered negligent?
In my experience, actions I see alleged to be negligent include excessive speeding in heavy traffic, weaving in and out of traffic or driving extremely fast in the pouring rain. But in proving their case, an officer must articulate what the person did that was outside of reasonable behavior. One example is speeding, which as we all know is pretty common. This wouldn’t necessarily rise the level of “negligent” unless the speed was excessively high or there were difficult weather conditions.
RCW 46.61.525Negligent driving—Second degree.(1)(a) 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.(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner’s consent.(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.(2) For the purposes of this section, “negligent” means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
