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Negligent Driving 2 in Washington State

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  • 01-17-2013, 09:33 AM
    LendaJohnson
    Negligent Driving 2 in Washington State
    My question involves a traffic ticket from the state of: Washington

    My son received a Neg Driving 2 citation and we are set to go to court. My question is does the officer not completing the ticket make it invalid? He failed to mark "veh speed" "in a" and "zone", in addition he didn't mark "SMD" "pace" or Aircraft". Is the ticket still valid?

    I appreciate any help you can give me.

    Thanks!
  • 01-17-2013, 11:20 AM
    blewis
    Re: Negligent Driving 2 in Washington State
    Quote:

    Quoting LendaJohnson
    View Post
    My question is does the officer not completing the ticket make it invalid?

    Only in your dreams. First of all, Neg-2 doesn't necessarily have anything to do with "speed". It may, but it's NOT a requirement. Secondly, RCW 46.61.525 states:

    Quote:

    Quoting RCW 46.61.525
    (1)(a) A person is guilty of negligent driving in the second degree if ... 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.

    ...
    (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.

    If you want to contest this, you might want to start by reading this entire thread. In it, you will find a link to a form you can use to request discovery. Submit your discovery request and take a look at the "evidence". You can also post it here and we can take a look, as well.

    Barry
  • 01-17-2013, 11:43 AM
    LendaJohnson
    Re: Negligent Driving 2 in Washington State
    Thank you Barry for responding so quickly. I appreciate it. That's sort of what I was afraid of, that it wouldn't make it invalid. I will submit a request for discovery and take a look at it. I will post it here as well. You were very helpful.

    If nothing else he could ask for a deferral correct?
  • 01-17-2013, 01:05 PM
    Speedy Gonzalez
    Re: Negligent Driving 2 in Washington State
    Depends in the court, but most do not allow deferrals for a neg 2.
  • 01-17-2013, 01:13 PM
    LendaJohnson
    Re: Negligent Driving 2 in Washington State
    Oh great. Well, I guess he'll learn to drive more safely next time. Thanks for your help. :)
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