Help With Reckless Driving in Kelso, Washington

My boyfriend, his roommate, his roommates girlfriend, and I were headed back to Federal Way from Reno this past weekend. At the last stop for gas in Kelso, my boyfriend and his roommate shotgunned a couple of beers. Since they were both intoxicated (and my boyfriends roommate didn't have a liscense, and I didn't know the roommates girlfriend (I had only met her 3 days prior), I was the one to drive. After almost 12 hours in the car, I was sore, tired, frustrated, and just wanted to be home. I was in the far left lane and traffic was pretty slow moving. It wasn't a traffic jam by any means, just a couple of idiots going slow. I saw an opening in the far right hand lane, and went for it. I was pulled over (I don't even know where he came from!!! No one in the car saw him) and cited with reckless driving. The ticket states excess speed, (he says he clocked me at 100mph, but did not write that on the ticket) improper lane changes, and following too closely. I was not arrested, but sent on my way with this $500 ticket and a manditory appearance in the Cowlitz county court next Wednesday (4/25). I talked to a couple of lawyers, but cannot afford one. I had two speeding tickets prior to this one, the first being in April of 2003,(70 in a 60) the second was only 2 weeks ago. (38 in a 25) I've read about the consequences of my actions, and I'll admit, I'm pretty scared. I can't afford a lawyer. So I need some advice on how to go about this on my own, and trying to get a lesser charge. If I lose my liscense, I'll lose my job as my job requires me to drive everyday. Any advice or information about what to expect on my court date would be helpful. Thank you!

When you get to court, ask the clerk who you talk to about getting a deferred prosecution.

Ok, will do. What is a deferred prosecution?

In a deferred prosecution, if you stay out of trouble for a court-specified period of time (and perhaps fulfill other conditions) the case is dropped.

You should consider consulting a criminal defense lawyer, or seeing if you are eligible for a court-appointed lawyer.

I have talked to a couple of lawyers, but cannot afford them. I will definitely check into this deferred prosecution and court appointed lawyer though. Thanks for your help!

Unfortunately, RCW 46.61.500 states that "reckless driving" is considered a "gross misdemeanor" punishable by up to one year in prison and/or $5,000 fine. I repeat, it is NOT a "traffic infraction" and should not be treated lightly.

For traffic infractions, the court can "defer findings" and, if you don't get any tickets for a year, the infraction is dismissed. However, for gross misdemeanors, you must petition the court for "deferred prosecution". However, it does not appear that you are eligible for this. RCW 10.05.010 (2) explains the procedure. To defer prosecution, the court must enter a finding that you were under the influence of drugs or alcohol and are enrolled in a program.

Considering the possible punishment, an attorney is definitely the way to go. You will need to fill out a financial statement to see if you are eligible for a court-appointed attorney -- but my advice is get one. If you don't have time to look into it before your hearing, ask the court for a continuance and explain that you just found out that you could be sent to prison, if found guilty.

Good luck,
Barry

Alright, so I had my arraignment last week. I filled asked for a court appointed attorney, filled out some paperwork, and the judge signed it and gave me a new date for a pre trial on May 31st. So what is a pre trial? What can I expect to happen on that Thursday?

While procedures can vary, in general a pretrial is a hearing at which further proceedings are scheduled. Often, when that is the desired result for the case, a defendant will enter a guilty plea (usually as part of a plea bargain) at a pretrial.