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  1. #1

    Default Negligent Driving, Second Degree in Washington State

    My question involves a careless driving ticket from the State of: Washington

    Today I was cited with negligent driving in the second degree in
    Tacoma and I am wondering if my case is worth contesting, i.e. do I have any chance of getting at least a deferrment. Here are the
    details:

    I was driving down Ruston Way (speed limit 30 mph) in the rain, going
    roughly 40 mph (I typically go about 10 mph over or less but probably
    closer to 40 because I was worried about being late for class) and I
    drove by a police car that was parked on the side of the road, the
    officer was outside of his car doing something, I believe he said
    there had been an accident there and a pole was hit, but his car was
    the only car on that side of the road at the time. As I approached at
    about 20 feet away I saw him at the side of the road flagging at me to
    slow down, and I am confident that I applied the brakes to slow down
    as I went past him. A little ways down the road I resumed driving at
    35 mph, about 1/4-1/2 mile from where I saw the officer, and within 60
    seconds he came speeding down the road pulled me over.
    I don't recall all the details of our conversation because I was a
    little anxious and he appeared very upset, but he asked me if I knew
    what the slow down signal meant to which I replied yes, and I also
    told him "I thought I did slow down." He told me that he saw me speed
    up when he was flagging me and that he has two witnesses who will
    testify to that so he said don't bother contesting it because you will
    lose, and he asked my age and gave me a comment about knowing which
    pedal was the accelerator and which one was the brake. I said I was
    sorry and he angrily replied "No, you are not sorry." After he gave me
    the ticket I apologized again and I did my best to be respectful the
    entire time, and kept my cool.
    My insurance card was expired but I have active insurance and I will
    be able to prove that.

    I was convicted of reckless driving when I was 17 in 2002 but I have
    not received a single traffic violation ticket or even a citation
    since then despite driving nearly every day, also I have worked as a
    valet since November 2009 without a single incident at work, and my
    boss has complimented me on the cautious nature of my driving.

    I am almost certain that the officer didn't clock me on radar, so I
    think it would be my word against his and the supposed witnesses he
    has, and that doesn't make me confident I have a chance of fighting
    it.

    Do you think there is a chance of success, however limited, if I were
    to contest this?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,374

    Default Re: Negligent Driving, Second Degree in Washington State

    Some jurisdictions will grant a deferral for neg-2, others won't. You can call the Clerk of the Court list on your ticket and ask. However, if I were you, I'd take a look at the evidence (and the witness list) first. Contesting the ticket cannot hurt -- especially in your situation (yes, you can still request a deferral if you contest -- assuming it's available to begin with). This thread will walk you through the various steps. When you receive your discovery materials, come back and post them. Who knows, you might not even need you use the deferral.

    Barry
    Where am I going? And why am I in this handbasket?

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