Negligent Driving in the First and Second Degrees

Posted Friday, May 24, 2019 by Andrew Charles Huff

There are two types of “negligent driving” offenses in Washington state law but with huge differences between the two laws. The main difference is “Negligent Driving in the First Degree” is a criminal offense while “Negligent Driving in the Second Degree” is an infraction.

NEGLIGENT DRIVING IN THE FIRST DEGREE

This misdemeanor offense is defined as “operating a motor vehicle in a manner that is both negligent and endangers any person or property, and exhibits the effects of having consumed alcohol or illegal drugs.” This means a person must display both “negligent driving” and signs of consuming alcohol or drugs.

The term “negligence” is defined as “failing to exercise ordinary care or the care a reasonably careful person would exhibit under the same or similar circumstances.” The other element is “exhibiting effects of having consumed liquor or drugs,” which could be as little as having the odor on your breath, displaying signs or being in possession.

A conviction of “Negligent Driving in the First Degree” is punishable by a maximum sentence of 90 days in jail and a $1,000 fine. There is no additional license suspension for this conviction.

NEGLIGENT DRIVING IN THE SECOND DEGREE

A Negligent Driving in the Second Degree is an infraction defined as “operating a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.” The base fine for this infraction is $250.00. Some examples of Negligent Driving in the Second Degree include excessive speed or any driving that puts others in danger.