Negligent Driving, 2nd Degree
My question involves a traffic ticket from the state of: Washington
I was driving down I-5 South heading back to my home state California. I was driving by Lewis County in Washington going with the flow of the traffic which was 65-70mph in a 60 zone. I was pulled over by an officer for Negligent driving 2nd degree, him stating I was passing cars in the right lane and not giving car's length in between cars.
He also claimed I was going 80 when it would of been impossible in the conditions, being there were only two lanes. Now, I've done some research and I know Negligent driving has nothing to do with speed but I was fined $550 from the base fine of $250, so I'm wondering if speed did add onto the cost.
This is my first ticket and being from California, I don't have the time or money to travel back up for a court hearing which apparently I need to go to one if I wish for a deferral. So I'm only 19 and I'm a full-time student with a part time job so it's difficult for me to pay the fine off. Can I use this to help lower the fine or would they only extend the time I need to pay it by?
I'm planning to do a mitigation hearing by mail. What are the chances of getting my fine lowered and is there anything specific I should include?
Additionally, I'm still unsure about the whole 'passing on the right lane' thing. Is it illegal to pass cars using the right lane in Washington or most states? I mean there are signs that state for slower traffic to stay right so can this be used as part of a justification?
Thanks
-Stressed Out
Re: Negligent Driving, 2nd Degree
In terms of passing,
Quote:
Quoting RCW 46.61.110 - Overtaking on the left.
The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated:
(1) The driver of a vehicle overtaking other traffic proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken traffic.
(2) The driver of a vehicle approaching a pedestrian or bicycle that is on the roadway or on the right-hand shoulder or bicycle lane of the roadway shall pass to the left at a safe distance to clearly avoid coming into contact with the pedestrian or bicyclist, and shall not again drive to the right side of the roadway until safely clear of the overtaken pedestrian or bicyclist.
(3) Except when overtaking and passing on the right is permitted, overtaken traffic shall give way to the right in favor of an overtaking vehicle on audible signal and shall not increase speed until completely passed by the overtaking vehicle.
Quote:
Quoting RCW 46.61.115 - When overtaking on the right is permitted.
(1) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:
(a) When the vehicle overtaken is making or about to make a left turn;
(b) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle.
(2) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.
Re: Negligent Driving, 2nd Degree
Thanks for finding that for me. So it is legal under certain circumstances...but it sounds like its more 'argument of definition'. Either way, I doubt I would be able to win considering it was medium to heavy traffic and so the officer will say I was being safe in my movements to the right.
I plan on just going up to get a deferral since WA won't allow traffic school to get it off my record. I'm just mad the officer went as far as negligent driving instead of simply a speeding ticket.
Re: Negligent Driving, 2nd Degree
I am not sure that you are eligible for a deferral since you are a CA driver.
Re: Negligent Driving, 2nd Degree
Hmm well the clerk didn't say anything about it so unless the judge hates out-of-state drivers, I wouldn't understand why not.
I'll call to double check because my dad won't be happy about wasting the gas. If its true, I'm never driving in WA again in my life.
Re: Negligent Driving, 2nd Degree
Quote:
Quoting
zephyr834
If its true, I'm never driving in WA again in my life.
Well, let me see. 80 in a 60 zone, darting across lanes, zooming up behind people, passing on the right, tailgating (probably in an attempt to get some guy to get out of your way). I actually think we'll be better off if you keep that promise.
Barry
Re: Negligent Driving, 2nd Degree
Quote:
Quoting
blewis
Well, let me see. 80 in a 60 zone, darting across lanes, zooming up behind people, passing on the right, tailgating (probably in an attempt to get some guy to get out of your way). I actually think we'll be better off if you keep that promise.
Barry
I wasn't going 80, was going 70 (which was the flow of traffic in the left hand lane, but not using that as an excuse). I wasn't tailgating as far as I'm concerned, I had plenty of space to brake if necessary. And passing on the right because someone wasn't polite enough to get in the right hand lane to allow the traffic behind them pass. So I'll leave it at that since you probably hold a prejudice against California drivers, and believe 'once a speeder, always a speeder' instead of the possibility of change.
Re: Negligent Driving, 2nd Degree
Actually, I have nothing against CA drivers. In fact, I have nothing against going a little over the speed limit when that's the "flow" of traffic. However, I really don't like "agressive" drivers -- no matter WHERE they're from.
But, you're right -- everyone can change. And, I was a little harsh.
So, let's take a look at the charges against you. You were charged with "negligent second". RCW 46.61.525 states (in part):
Quote:
Quoting RCW 46.61.525
(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.
...
(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.
This is actually a pretty vague law with a lot of gray area. It may even be more difficult to prove than simple speeding.
So here's my advice: I would plan on asking for a deferral. But, you'll need to contact the Clerk of the Court and ask if out-of-state drivers are eligible for a deferral. Lwpat may be right and you might not be -- although there is nothing in the law that prevents it (see RCW 46.63.070(5) for more information). When you're talking with the clerk, ask them to look up the filing date of your citation. If it was more than 5 days (not including weekends and holidays) after the date of the citation, move for dismissal pursuant to IRLJ 2.2(d) when you get to court.
I would return the citation (be sure to make copies of both sides) marked "contested". When you receive the notice of your court date, send a Request for Discovery to the prosecutor (get their address from the Clerk). Take a look at what the officer wrote in his/her sworn statement. This will be the only evidence against you, since the officer will only appear if you issue the subpoena (this is unlike CA). IMHO it's NEVER a good idea to subpoena the officer -- I've never seen ANYONE win against an officer's testimony in WA, although I'm sure it's happened. However, I see people win about 40% of the time, due to mistakes or lack of detail in the officer's sworn statement. So, if you think you can argue against that statement, if there are no real details to prove the elements of the infraction, go for it. Otherwise, ask the judge for a deferral. Remember, they don't HAVE to grant it, so be prepared with your best argument.
Now, if the officer's sworn statement looks pretty good (view the statement the way a judge would -- remember it's his word against yours, and you have a vested interest), and if the clerk tells you there's no chance of a deferral, you can change your plea to "guilty with an explanation" and try to get the fine reduced. It will still go on your record, but they usually cut the fine in half -- not always, mind you.
You might also get the chance to talk with the prosecutor to see if they might be amenable to a reduced charge (speeding, for example, or "failure to use due care and caution" -- RCW 46.61.445).
Oh, I almost forgot. Your "penalty" is augmented by other fines and penalties. Here is the complete penalty schedule that includes everything.
Any more questions? Just ask.
Good luck,
Barry