Negligent Driving Second Degree
My question involves a reckless driving ticket from the State of: Washington
I was traveling down hwy 97 and i had this car come up behind me and would not turn his brights off and it continued for about 2 miles. The speed limit is 60 and i had my cruse set at 65 and i was catching up to a guy in front of me. There were several times the car behind me could pass but didn't just stayed behind me. So i eventually cough up to the guy in front of me and i proceeded to pass there were 2 cars coming in the other lane but they were not that close and i had plenty of time to make the pass. So i pulled out and made the pass it wasn't in a solid yellow line it was a passing zone and i don't normally look at my speed when i pass someone i usually want to get around them as fast and as safely as possible. The second car that was coming in the other lane was a state patrol. So after i had made the pass i resumed my cruse which was at 65 and the cop pulled me over and asked me how fast i was going and i stated i didn't know. He said i was doing 98 so i didn't argue and he got all my info and came back and stated that he was debating on weather to give me a speeding ticket or a neg driving. But as you probably can already tell i got the neg driving. He also stated that i must have been going that speed before i made the pass because no car could get up to that speed that fast. And i was doing 65 as i had my cruse set at that before i made the pass.
So my question is since there is no speed limit when passing and if you don't run anybody off the road and it was a safe and legal pass i am pretty sure i will be taking this one to court. because about a year ago i had an officer pull me over when i was doing 86 when i had just got done passing and the judge said: You were in completion of a pass the ticket is dismissed.
Re: Negligent Driveing Second Degree
Quote:
Quoting
Cleatherman2k12
So my question is since there is no speed limit when passing and if you don't run anybody off the road and it was a safe and legal pass i am pretty sure i will be taking this one to court. because about a year ago i had an officer pull me over when i was doing 86 when i had just got done passing and the judge said: You were in completion of a pass the ticket is dismissed.
Now you know why the officer gave you a neg-2 ticket INSTEAD of a speeding ticket. You can BEAT a speeding ticket on a two lane road (one lane in each direction) if you were in the act of passing (see RCW 46.61.425 (1)).
However, neg-2 is a TOTALLY different matter. 46.61.425 will NOT mitigate neg-2 as it will "speeding".
However, the prosecution has to prove that you were driving "a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property."
Paragraph (2) defines "negligent" as"
Quote:
Quoting RCW 46.61.525
(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.
So, it will have to be the officer's contention that driving 98 is an "act that a reasonably careful person would not do". Saying that the guy behind you had his high beams on probably does NOT justify passing at 98.
You might want to request discovery and read the officer's sworn statement. If it doesn't mention "negligent", you MIGHT be able to get out if it.
Good luck,
Barry
Re: Negligent Driveing Second Degree
I requested discovery and here is what the office stated about the situation.
some of what he said is not true but i will have to state that in court. Would i be better off getting a lawyer or would i be fine on my own i don't want to pay 600 dollars for one if i don't need one.
http://i806.photobucket.com/albums/y...ents/Image.jpg