Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    May 2019
    Posts
    4

    Default 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?

  2. #2
    Join Date
    Mar 2013
    Posts
    16,954

    Default Re: Neg.driving 2

    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.

  3. #3
    Join Date
    Mar 2018
    Posts
    287

    Default 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?

  4. #4
    Join Date
    Apr 2014
    Posts
    186

    Default 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.

  5. #5
    Join Date
    Nov 2009
    Posts
    805

    Default 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.

  6. #6
    Join Date
    Apr 2014
    Posts
    186

    Default 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.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,030

    Default 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.

  8. #8
    Join Date
    May 2019
    Posts
    4

    Default 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.

  9. #9
    Join Date
    Mar 2018
    Posts
    287

    Default 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?

  10. #10
    Join Date
    May 2019
    Posts
    4

    Default Re: Neg.driving 2

    Sorry you think this and why would you think this is a lie?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Careless Driving: Negligent Driving Charge After Falling Asleep While Driving
    By redheadgial in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-25-2017, 08:29 AM
  2. Careless Driving: Negligent Driving Charge for Rear-Ending Another Car
    By traciadi73 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 10-25-2014, 09:08 PM
  3. Negligent Driving Charge for Driving on the Shoulder
    By bg2010 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-17-2009, 05:55 PM
  4. Drunk and Impaired Driving: Negligent Driving Charge Due to High BAC
    By eliboddy in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 12-20-2007, 03:42 PM
  5. Traffic Accidents: Freeway car accident after new tire blowout
    By sternmeasures in forum Accidents and Injuries
    Replies: 3
    Last Post: 01-13-2006, 01:50 PM
 
 
Sponsored Links

Legal Help, Information and Resources