Results 1 to 8 of 8

Threaded View

  1. #2
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Negligent Driving Second Degree by Speeding Only [Washington]

    Quote Quoting a9852
    View Post
    I read that speed alone cannot be reason for the Negligent Driving 2nd Degree charge - what can I say to that effect? Is this my main argument?
    I have no direct experience with Neg2, but based on Barry’s prior comments it would appear you are correct. Here’s an excerpt:

    Quote Quoting blewis
    View Post
    You were cited for a violation of RCW 46.61.525.2, which states:

    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.
    I would argue that paragraph (2) "creates no citable traffic offense". (See STATE v. MacRAE, 101 Wn.2d 63, 676 P.2d 463 (1984).) Even if the judge allows the citation to be amended to paragraph (1), it will still be up to the prosecution, using the officer's sworn statement, to prove that you were operating "a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property." In other words, just saying you were going 95 in a 60 zone is NOT sufficient. But, that's the reason you need to submit a discovery request so that you KNOW what the officer wrote.

    Good luck,
    Barry
    In your case neither paragraph is cited but according to Barry speed alone is not sufficient proof and the officer has nothing else in his statement besides speed.

    Quote Quoting a9852
    View Post
    The SMD box was not checked off in the ticket, but the sworn statement says that was using a RADAR - am I able to dismiss the radar use because it wasn't indicated in the ticket?
    That would be a sufficiency motion based on IRLJ 2.1(a) but I believe it is an argument you should NOT bring up because it would stop the judge from considering the officer’s sworn written statement about radar evidence, which helps your defense. Instead the judge would only consider the ticket as prima facie evidence.

    Quote Quoting a9852
    View Post
    No radar reading was provided - is that ok? Couldn't they just say they read whatever they want from the radar?
    The reading is in the officer’s statement and on the ticket, which is certified under penalty of perjury.

    Quote Quoting a9852
    View Post
    I'm guessing it's ok that they didn't provide the last two items that I requested?
    Per IRLJ 3.1(b) dash cam and body cam video must be provided only if the prosecutor proposes to introduce that as evidence at your hearing, and the calibration certificate is not one of the 3 required items. Probably your discovery materials included a cover letter directing you to view the certificate on the Washington State Patrol website. If not then the certificate must be on file at the court per IRLJ 6.6(d).

    By the way, I’m not sure why you redacted the tuning fork numbers but if they don’t match the ones listed on the certificate you would probably get a dismissal. Be sure to check those numbers.

    Quote Quoting a9852
    View Post
    Would the officer actually show up now that the prosecutor said he was a witness? Or do they just list that even though he may or may not show up?
    He is a witness by way of his sworn written statement “in lieu of the officer's personal appearance at the hearing” per IRLJ 3.3(c). Citing officers are almost never present at infraction hearings in Washington State.


    Quote Quoting a9852
    View Post
    Is there anything I have missed in the statement that can be used to my advantage?
    He states that he tested the unit at the beginning and end of his shift. You can get his shift schedule for that day via a public records request. It’s possible that his shift ended well after midnight and he electronically signed/submitted the statement before midnight. If so his end-of-shift testing statement would be false and you could move to suppress the radar evidence.

    1. Sponsored Links
       

Similar Threads

  1. Careless Driving: Negligent Driving Second Degree in Washington State
    By hl3 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 11-25-2013, 11:22 AM
  2. Careless Driving: Negligent Driving First Degree in Washington State (.052 Bac)
    By porge1 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 11-09-2013, 12:30 AM
  3. Careless Driving: Negligent Driving, Second Degree in Washington State
    By mikehoncho71 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-26-2011, 06:41 PM
  4. Speeding Tickets: Deferred Speeding Ticket and Negligent First Degree Conviction in Washington State
    By Chizzy96 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-12-2011, 02:10 PM
  5. Careless Driving: Second Degree Negligent Driving in Washington State
    By Kmomof2 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-24-2009, 03:09 PM
 
 
Sponsored Links

Legal Help, Information and Resources