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Negligent Driving 2 Charge After a Tire Blowout

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  • 05-23-2019, 07:03 PM
    ssivie55
    Negligent Driving 2 Charge After a Tire Blowout
    My question involves a traffic ticket from the state of: Washington, Benton county. Driving from off ramp on to main street during mornig rush hour. Front tire blew and set off air bags then steered to right and avoided all traffic, hit a sign post and got on shoulder over curb. Police show after about 5 hours and write a neg.2nd degree. I understand paying for sign but do not want the neg.2nd on driving record. Police did not witness what happened. Is this very likely to at least be lower charge?
  • 05-23-2019, 08:38 PM
    adjusterjack
    Re: Neg.driving 2
    Quote:

    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.
    Well, it's an infraction so you might be able to go to traffic school and keep it off your record. Or, you can plead not guilty and bring evidence of the flat tire, if you kept it and or took photos of it.

    It's up to you.
  • 05-23-2019, 11:08 PM
    zeljo
    Re: Neg.driving 2
    Based on the offense definition and no witnesses, if you drove less than the speed limit and your tires were in good condition prior to the accident, it should be hard for the prosecutor to prove negligence. Who can predict where a sharp object will be on the road?
  • 05-24-2019, 01:17 AM
    joef
    Re: Neg.driving 2
    Since this is Washington, file for discovery for the officer’s statement. The only evidence will be that statement, officer will not be present unless you subpoena him. As jack said bring admissible evidence of flat/blowout to show it was an emergency and not negligence.

    Another option is to request a deferral, WA does not do traffic school. As a Benton County resident just wondering where this happened.

    Zeljo, in the absence of extenuating circumstances being in a one car wreck damaging property I would consider that prima facia evidence of the offense.
  • 05-24-2019, 04:45 AM
    searcher99
    Re: Neg.driving 2
    Probably the prima facie evidence lacks sufficient weight to prove negligence, and I would think you have a shot. If you have not already done so, be sure to read the sticky thread Procedural Guide to Traffic Tickets in Washington State which contains a link to a discovery template. If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread.
  • 05-24-2019, 02:00 PM
    joef
    Re: Neg.driving 2
    One problem the OP faces is that in WA the standard for guilt is only the preponderance of evidence on traffic infractions. The destruction of a sign on the side of the road is a indication that something bad happened, quite possibly due to negligence. The OP needs to demonstrate that the accident was due to a flat tire before the accident and depending on the details it could be argued that the flat was caused by the accident rather than the other way around. The OP should check the scene of the accident for tire marks which could corroborate that one tire was flat before the accident as well as document the flat tire. In any case, follow searcher's advice on getting discovery and post it here for review.

    If eligible you might consider using a deferral which would not affect your insurance but would likely cost similar to the fine for the infraction.
  • 05-24-2019, 02:32 PM
    PayrolGuy
    Re: Neg.driving 2
    There seem to be some holes in the OPs story other than the one on the tire. A blowout should not trigger the airbags.
  • 05-24-2019, 03:17 PM
    ssivie55
    Re: Neg.driving 2
    2000 Honda civic was in accident prior to my buying. Blow out caused car to hit the curb and airbags deployed. I appreciate all the info on this matter. I will have photos of blown tire and showing airbags deployed later. Thank you to everyone commenting.
  • 05-24-2019, 03:18 PM
    zeljo
    Re: Neg.driving 2
    Quote:

    Quoting PayrolGuy
    View Post
    There seem to be some holes in the OPs story other than the one on the tire. A blowout should not trigger the airbags.

    Right, he's lying to us here... why?
  • 05-24-2019, 03:39 PM
    ssivie55
    Re: Neg.driving 2
    Sorry you think this and why would you think this is a lie?
  • 05-24-2019, 08:37 PM
    searcher99
    Re: Neg.driving 2
    To expand on and summarize what’s been said so far by various posters, I would take the following steps:

    Send in the ticket with the “contested” box checked. This will get you a hearing date and preserve all your options.

    Serve a discovery request on the prosecutor’s office and file a copy with the court per instructions in the template mentioned in the sticky thread linked earlier. This is very important because it will get you a copy of the officer’s sworn statement that should have been filed along with the ticket, as well as names of any witnesses you might not be aware of.

    It’s possible that no statement was filed at all, which means no evidence other than the ticket, which is weak if not supported by a statement. In that case you would have a preliminary motion to dismiss the charge for lack of evidence.

    If there is a statement then the main evidence will be the police version of what you told them, which is very important to see. Your version of facts here on the forum is only important for members who are trying to assess how good a rebuttal you might have against the presumption of negligence.

    Call the court clerk and ask:

    Does the court allow for a deferred finding in neg2 cases? (a few counties don’t)

    Will a prosecutor be present? If so, you might also have the option to speak with him/her a few minutes before your hearing and ask for amendment to a lesser charge. The amended charge or deferral options are good if you want to be totally safe.
  • 05-24-2019, 10:04 PM
    ssivie55
    Re: Neg.driving 2
    Thank you very much for your help.
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