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  1. #1

    Default Negligent Driving Second Degree for Rear Ender

    My question involves a traffic accident in the State of: Wa.
    My daughter rear ended a vehicle, which caused a domino effect and resulted in a total of 3 vehicles(not including hers) damaged. She recieved a citation in the mail for neglegengt driving 2nd degree w/ a $550.00fine. When I looked up the RCW for that citation, it says that it should only be a $250.00 fine. Can they put any amount on a fine?
    My other daughter had nearly the same accident within a month (only damaging 2 instead of 3) and recieved a citation for speeding in excess for the conditions. Her fine was for $150.00. The judge on hers said she couldn't go for a deferral because an accident was involved, but did lower it to $75.00.
    The first daughter goes to court soon. She wants to ask to get her charges changed to "going to fast for the conditions" instead of "neglegent driving 2nd degree".Or at least lower her fine. Any input woulfd be appreciated. Thank you for reading this!

  2. #2
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Neglegent Driving Second Degree for Rear Ender

    Unfortunately, there are "statutory assessments" and "fees" in addition to the "penalty", making neg-2 a $550 fine (for example, see RCW 46.63.110.

    What you can try is call the prosecutor's office (you can call the Clerk of the Court listed on the citation to find the prosecutor). Try to talk to the prosecutor assigned to the case. Since it's highly unlikely that the officer who issued the ticket actually SAW the accident, in order to convict your daughter, the other witnesses will have to appear and testify -- unless your daughter convicted herself when she was talking with the officer at the scene.

    In any case, rather than go through the hassle of subpoenaing witnesses, the prosecutor may accept a plea of guilty to "too fast for conditions". If not, you might want to hire an attorney.

    Barry

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