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  1. #1
    Join Date
    Jan 2020
    Posts
    1

    Default Negligent Second Degree

    My question involves a traffic ticket from the state of: Washington. 17 year old son was speeding (not sure speed but admits he was over the 30mph posted). Police was oncoming, Uturned and pulled him over. Asked son how fast he was going - son was nervous (first ticket) and answered ĎI donít know, 40? 50?í Son has clean driving record and license 1 year and 1 day. No speed indicated on ticket policeman did not indicate radar or what his actual speed was, which leads me to believe he didnít radar. Gave him $553 2nd degree negligent driving ticket with no other info on ticket regarding offense.

    Can he ask for deferral in WA? Or mitigate to a speeding ticket to lessen the insurance blow that will happen?

    Can he take an Alive at 25 class and have it deferred or lowered to lesser offense? I see Snohomish county offers this, but nothing under Lynnwood Municipal Court shows up in online search as an option for this?

    Do we call prosecutor to ask?

    Is he better to check mitigate because there is no speed listed? Are they supposed to list speed? If they donít have tangible evidence do they give this ticket instead?

    Lastly, is it best for us to retain an attorney? How much does this generally cost? Weíre not opposed to kid being held responsible but this seems ridiculous if no speed documented on a first infraction.

    Suggestions?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,489

    Default Re: Negligent Second Degree

    Quote Quoting NSarge
    View Post
    is it best for us to retain an attorney?
    Yes.

    Quote Quoting NSarge
    View Post
    How much does this generally cost?
    A phone call to a traffic attorney will answer that question quickly.

    Quote Quoting NSarge
    View Post
    We’re not opposed to kid being held responsible but this seems ridiculous if no speed documented on a first infraction.
    You mean the first time he got caught.

    Quote Quoting NSarge
    View Post

    Suggestions
    Both of you read this:

    https://pentucketnews.com/4976/opini...r-abby-column/

  3. #3
    Join Date
    Oct 2016
    Posts
    3,566

    Default Re: Negligent Second Degree

    AdjusterJack answered most of your questions and I agree with everything he wrote. But he skipped your issue with no speed being listed on the ticket. The reason for that is he wasn't charged with speeding.

    He was charged with this.

    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.

  4. #4
    Join Date
    Nov 2009
    Posts
    845

    Default Re: Negligent Second Degree

    First, Neg2 can have a big effect on insurance, especially for a 17 year old, so itís very important to request a contested hearingóNOT mitigation, request discovery to see all the evidence and plan to attend the hearing or hire an attorney, but itís ok to decide that later after reviewing the discovery.

    Based on Lynnwoodís web site info, they apparently donít offer a deferred finding for neg2 but you can always ask to make sure. Also most courts in Washington State do not offer traffic school. Mitigation is an admission of guilt with no possibility of an amended charge, so definitely I would not check that box. Contesting is always best because all options are preserved.

    It might be possible a few minutes prior to the hearing to ask the prosecutor (if present) to amend to a non-moving violation, but also itís quite possible that the evidence against your son is weak. To get some idea about why, I will paste 2 previous threads below for you to look at:

    Negligent Driving, Second Degree, by Speeding in Washington State
    Negligent Driving Second Degree

    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.

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