Negligent Driving Second Degree - Worth It to Contest

[RobertM]

My question involves a traffic ticket from the state of: Washington

Hey everyone,

So this morning I got my first ticket in the state of Washington. I'm 23 years old and have a moderately clean driving record (only received a speeding ticket once back in my hometown - Texas 3 years ago). I've been in WA state less than a year.

Back Story: (Stuff I haven't admitted to the officer)
After leaving my home in Tacoma in the morning, I was late for my meeting at work. I do admit going above the speed limit and passing slower cars to decrease travel time (of course now not worth it). But in the process, I was driving up to this vehicle in the middle lane (3 lane highway - I5) and noticed the vehicle was slowing down. There was a white charger/camaro on the left lane of me but was fairly behind me and I knew I had enough clearance to change lanes - if I needed to. I was NOT aware that it was undercover cop. So when I drove up to switch to my left lane and pass the car in the middle lane I noticed that the white charger had rapidly increased speed - thus me cutting off this car and being really close to the car in front of me (tailgating). So I waited for the opportunity to go back in the middle lane and increased speed to head to work.

That's when the cop pulled me over and said I cut him off, he had to put his breaks on, I was tailgating the car in front of me, he has a recording video on his dashboard, and he said I hit 90 miles in the 60 when driving off to my exit. He gave me a ticket of Negligent Driving - Second Degree. Nothing on the ticket indicated speed at all - just Negligent Driving. Ticket cost is $550.

Stuff I have admitted to the cop:
He did ask me what I thought he was pulling me over for and I said: For speeding? And that's when he told me for negligent driving.

So my questions are the following:
-I do understand that I was speeding to head to work and know this is wrong and definitely will be hitting the cruise control more often, but does it seem worth it to contest this ticket?
-Should I plead not guilty or guilty with a chance of a deferral? I say this cause I can admit that I was speeding but definitely want to get the fine reduced as well as a chance for it to not show up on my record (slim chance).
-I am still not too familiar with the weather as the morning caused moist roads (me living in WA for less than a year) - not sure if this will benefit me in court.
-I have never received a ticket at all in Washington - will this benefit me as well?
-When the officer asked me for my registration, I gave him my old one (didnt have updated license plate but wasn't expired). I renewed my license plates and got personalized ones and received an updated copy of my vehicle registration. So I had two of them and gave him the wrong one on accident. Him recording the wrong license plate on the ticket - will that be case for a dismissal? I would think he would of caught that error and brought it up to me...or even run my license plate in the system.

Any feedback / help / advice on this matter would be greatly appreciated

[PTPD22]

So my questions are the following:
-I do understand that I was speeding to head to work and know this is wrong and definitely will be hitting the cruise control more often, but does it seem worth it to contest this ticket?

RCW 46.61.525
Negligent 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.

Speed 30 MPH over, 2 unsafe lane changes, and following too close…adds up to Neg 2.

I seriously doubt that you can successfully beat the ticket. You may be offered a deferral or reduced charge deal. But, outright contesting it? Don’t think your chances are good.

-I am still not too familiar with the weather as the morning caused moist roads (me living in WA for less than a year) - not sure if this will benefit me in court.

I’m not sure how you think diminished driving conditions, especially when you are admittedly inexperienced driving in such conditions, could benefit you. Bringing this up would seem to make your driving behavior more careless, not less.

-I have never received a ticket at all in Washington - will this benefit me as well?

Yes, probably. It could make a prosecutor more agreeable to a deferment or reduced charge.

-When the officer asked me for my registration, I gave him my old one (didnt have updated license plate but wasn't expired). I renewed my license plates and got personalized ones and received an updated copy of my vehicle registration. So I had two of them and gave him the wrong one on accident. Him recording the wrong license plate on the ticket - will that be case for a dismissal? I would think he would of caught that error and brought it up to me...or even run my license plate in the system.

This won’t help you. You were cited, not your car. This will be viewed as a minor clerical error and ignored by the court.

[RobertM]

Awesome, thanks for the help - makes more sense.

So if I try to contest it in hoping the officer forgets to write a report or something happens - I can't get a deferral?

Is the only way to defer the ticket if I select the mitigate plan?

Thanks.

[blewis]

Some counties will NOT allow you to defer a neg-2 ticket (such as Clark). You'd better call the Clerk of the Court and ask if they have such a policy before you rely on a deferral. But, before you make ANY decisions, read through this thread. You'll find a link and instructions on how to submit a Discovery Request. Meanwhile, "contest" the ticket (you can always change your mind later) to preserve what few rights you have. When you get your materials, post them here and let us take a look. While on the surface, as PTPD22 pointed out, it doesn't look too good, it really depends on what the officer writes in his sworn statement (which you'll receive through discovery).

Good luck,
Barry