Page 2 of 2 FirstFirst 1 2
Results 11 to 19 of 19
  1. #11
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Negligent Driving Second Deg: Washington State

    apex188 should get the discovery and see what facts are presented. apex's strategy seems sound

  2. #12
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Negligent Driving Second Deg: Washington State

    That strategy is possible. And done quite a lot.

  3. #13
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Negligent Driving Second Deg: Washington State

    very good, thanks. I will return the ticket to contest and then post up the discovery when I get it.

  4. #14
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Negligent Driving Second Deg: Washington State

    http://img213.imageshack.us/i/discov...estnegdriv.jpg

    Finally got my discovery request for the above violation. (see above link).the officer's statement looks pretty solid though, I can't see any cracks in it as there really isnt' much written and they have the radar gun seemingly covered off.
    The courts must be busy as the infraction was in August and my court date isn't till early Dec.
    any suggestions or comments on how I can fight this ticket?
    IS it better to write a letter or show up in person?

  5. #15
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Negligent Driving Second Deg: Washington State

    I don't see a filing date. Did you call the Clerk and ask when the NOI was filed? If not, please do so.

    Personally, I don't see where the officer has presented ANY evidence of "negligent" driving. Remember, in the statute, "negligent" is defined as:

    Quote Quoting RCW 46.61.525 (2)
    ...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.
    Plus, the statute says, "AND endangers or is likely to endanger any person or property". The officer did NOT indicate, describe or even imply HOW you were endangering anything. Is he saying that a "reasonably careful person" NEVER exceeds the speed limit? If so, why is there a provision in RCW 46.61.425 that:

    Quote Quoting RCW 46.61.425 (1)
    ... a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit....
    That means that, since the legislature has condoned "speeding" in this instance, "exceeding the speed limit" -- ALONE -- is NOT evidence of "negligence".

    Furthermore, the officer SPECIFICALLY states that you were in ONE lane -- not "weaving" in and out. So, IMHO, while a "speeding" ticket MIGHT have been supported by the officer's sworn statement, NEG-2 is NOT.

    But, I do not want to mislead you. This will be VERY hard to beat. Your "presentation" will determine whether the judge listens to your arguments -- as a pro se. It is an unfortunate fact that the same argument, presented by a pro se will fail, but when presented by an attorney, will be successful. It's just a fact of life.

    Good luck,
    Barry

  6. #16
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Negligent Driving Second Deg: Washington State

    Thanks for the response. I think it's just a case of writing up the maximum fine because the officer can, like you said, it's a tough one to fight I understand.
    what if the reason was because I was accelerating in the outside L3 lane to over take a car in the middle lane? is it true that in the midst of overtaking you are allowed to increase speed to complete the pass, and since it was medium to heavy traffic, this would be possible?

    I will call the clerk to find out when the NOI was filed and post answer I get. thanks agai.

  7. #17
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Negligent Driving Second Deg: Washington State

    Sorry, I didn't mean to mislead you. I should have provided a link to RCW 46.61.425 so you could read it in its entirety. It states:

    Quote Quoting RCW 46.61.425
    (1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.
    I was simply using this as an example to show that speed alone cannot be considered "negligent". But, no, you cannot use your passing as an excuse for speeding. But, you must remember, you're NOT being accused of "speeding". You are being accused of "negligent" driving, per RCW 46.61.525. THAT'S what the evidence must show.

    Sorry,
    Barry

  8. #18
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Negligent Driving Second Deg: Washington State

    Thanks, no need to apologize, any info for me right now is good to know.
    I"m just not sure how I would be able to fight this in court as I would have to prove my case to the courts that I was not negligent in my driving, which seems to be based on the courts interpretation of the officers statement.
    In your opinion, (i won't hold you to it) would I have a better chance of limiting the financial daage in changing the hearing to a mitigation instead of a challenge?

  9. #19
    Join Date
    Aug 2010
    Posts
    9

    Default Re: Negligent Driving Second Deg: Washington State

    Does anyone know the process to request mitigation hearing if I've already requestedand have been assigned a date for contested hearing?
    It seems that without legal representation it would be difficult to be succesful in contesting the Neg.Driving violation, so I may opt to go for a mitigation.
    thanks!

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Careless Driving: Negligent Driving, Second Degree in Washington
    By n3ok318 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-25-2011, 05:09 PM
  2. Careless Driving: Negligent Driving, Second Degree, in Washington
    By Zephyr_ in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 09-09-2010, 05:38 PM
  3. Careless Driving: Second Degree Negligent Driving, Washington
    By lopaka in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-26-2009, 10:16 AM
  4. Careless Driving: Second Degree Negligent Driving in Washington State
    By Kmomof2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-24-2009, 03:09 PM
  5. Careless Driving: Negligent Driving, 2nd Degree, in Washington
    By zammer in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 11-14-2008, 05:45 PM
 
 
Sponsored Links

Legal Help, Information and Resources