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  1. #1
    Join Date
    Nov 2013
    Posts
    3

    Default Negligent Driving First Degree in Washington State (.052 Bac)

    My question involves criminal law for the state of: Washington

    Not a DUI case but Negligent Driving 1st degree is a misdemeanor in WA, so I thought I should post it here.



    At the time of the traffic stop the officer told me that he followed me for 3 miles and pulled me over because my speed was "inconsistent" between 58 and 74 (60 limit). He informed me that the interaction was being recorded.

    I refused field breathalyzer but did take field sobriety test (Not sure if I "passed"..I was nervous). I had had a beer spilled on me that evening so I'm sure I smelled like alcohol. Washington State Patrol officer took me to the station where I blew .052 and .047 on datamaster. I am pretty sure that interaction was also being recorded in the room. After that the officer informed me that he was "giving me a break" and writing me up for Neg 1 instead of a DUI.

    There was a closed freeway exit and subsequent detour, which explains my inconsistent speed pretty well. Also driving a car with 59hp, so naturally I slow down going up hills... I was not swerving or anything like that. However, I was speeding 14 over. There was very little other traffic, it was 3:00am on I5.

    I don't have anything on my record dui related, pretty clean driving record. My arraignment is in 2 days and I plan to plead not guilty. I plan to file a discovery request but haven't yet because 5 days are not up since the citation was given.

    **Anything else I should be prepared for at the arraignment?




    rcw 46.61.5249

    1)(a) A person is guilty of negligent driving in the first 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, and exhibits the effects of having consumed liquor
    ...

    (a) "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.



    My main/best argument is based upon the fact that it will be hard for them to prove that I was endangering or likely to endanger other people or property. I know I should be looking for errors and technicalities when I look over the officer's report, etc. ANYTHING ELSE I SHOULD BE LOOKING OUT FOR?

    Thanks very much!
    I will keep this thread updated as I find out more..

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Negligent Driving First Degree in Washington State (.052 Bac)

    The officer is going to testify. Unless you lie or decline to testify, you are going to convict yourself. That does not even address the video. It appears this is a potential 90 day sentence. You really need a lawyer.

  3. #3
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Negligent Driving First Degree in Washington State (.052 Bac)

    Thank you for your response disagreeable. Can you (or anyone else) go into more detail as to why you believe that if I were to testify I would "convict myself"

    My thought is that I will (may) be able to prove by showing the video that I was not endangering or likely to endanger anyone or property.

    Are you saying that simply by going 14 over the speed limit, the court/prosecutor will argue that I was endangering or likely to endanger others?

    I am not disagreeing with you, however I would appreciate more information. I will be either using a public defender or representing myself due to lack of funds. Hiring a lawyer is out of the question unfortunately. Any further insight or recommendations appreciated.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Negligent Driving First Degree in Washington State (.052 Bac)

    It seems clear you were not safely in control of teh vehicles operation by your erratic speed changes. That is a primary indicator of a drunk driver.

  5. #5
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Negligent Driving First Degree in Washington State (.052 Bac)

    This is a very serious offense. I highly recommend you hire an attorney or you screen for a public defender.

    The cards are already stacked against you. Should the PA wish to change the charge to DUI, it would be relatively easy to build a case. Charges are amended from Neg 1 to DUI ALL THE TIME. I'll spare you the legal details, but you can blow a .008, tell the officer you had one beer and be convicted of a DUI in WA.

    In fact, I'm not even recommending that you hire an attorney for this. I'm TELLING you to hire an attorney. There's a lot at stake right now that you can't even fathom.

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