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  1. #1
    Join Date
    Nov 2009
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    Default Negligent Driving Second Degree

    My question involves a reckless driving ticket from the State of: WA

    Hi!

    Posted this in reckless driving; reposting here.

    I was pulled over on I-90 and given a ticket for negligent driving second degree for doing a 95+ in a 60 zone. I had sped up to overtake another car but i am pretty sure i was not doing a 95.

    According to the ticket the cop "paced" me at it.

    What are my options? is there any way to get out of this ticket? My only other ticket to date was for doing a 10 over on a city street in 2003

    Any advice would really be appreciated.

    Thanks much!

  2. #2
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    Default Re: Negligent Driving Second Degree in Wa

    Quote Quoting reallydumb
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    Posted this in reckless driving; reposting here.
    Please keep it in one thread. Duplicate thread Negligent Driving Second Degree in Wa

  3. #3
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    Default Re: Negligent Driving Second Degree in Wa

    get discovery and make sure the officer and prosecution and the court all comply with the IRLJ court rules.

  4. #4
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    Default Re: Negligent Driving Second Degree in Wa

    Quote Quoting That Guy
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    Please keep it in one thread. Duplicate thread Negligent Driving Second Degree in Wa
    Sorry - wasn't sure what the right forum was

    Quote Quoting colemac65
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    get discovery and make sure the officer and prosecution and the court all comply with the IRLJ court rules.
    How do i get a discovery - and to go thatroute do i check the mitigate box or the contest box?

    The violation/statute code is 46.61.525.2

  5. #5
    Join Date
    Dec 2004
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    Default Re: Negligent Driving Second Degree in Wa

    Here's what I would do: Call the Clerk of the Court listed on your ticket. See if you can get a deferral for "neg-2". A deferral means that you will pay an "administrative fee" -- usually around $150. Then, if you don't get any more tickets for the next year, this one is dismissed -- doesn't go on your record, doesn't affect insurance rates. Some jurisdictions, however, will NOT grant a deferral for neg-2, some will. If the court allows it, and it's something you wish to do, you can then chose EITHER contested or mitigation and ask for the deferral at your hearing.

    If you CAN get a deferral, you may wish to go that way, since, the only other option for "getting out of it" is to contest and prevail.

    If you wish to contest it, you MUST return your ticket requesting a contested hearing. At that time you will receive a hearing notice. You can then file a Discovery Request. I have posted an adaptable form which you can use. Just click "Free User". Then click the "Download" button, when it appears -- sometimes you have try a few times. Follow the instructions included.

    When you receive your discovery materials, you will see the evidence against you -- the officer's sworn statement. You may have a possible technical defense, as well. 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.

    Anyway, I hope this helps you understand some of your options.

    Good luck,
    Barry

  6. #6
    Join Date
    Oct 2008
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    276

    Default Re: Negligent Driving Second Degree in Wa

    i was thinking about this too......paragraph 2 of the statute is not a way to be charged, it is a informational subsection about the word "NEGLIGENT" it is not a charge or an offense as 46.61.525.1 is. the officer has not charged this properly. subsections to the statutes consist of different ways to commit the alleged offense, exceptions for the offense and definitions of the offense. Basically the officer has cited you specifically for violating what i would argue is not a charge but a definition in the statute. HE SHOULD HAVE CITED YOU FOR 46.61.525.1a.....I90 means district court and in the times we are in right now, i have not seen prosecutors at contested hearings. Contested W/accident yes, but not contested traffic cases. Get discovery . I believe Barrys arguement above is spot on but i would suggest getting discovery as well, just to be on the safe side. Normally pacing affidavits are pretty easy to surpress...

  7. #7

    Default Re: Negligent Driving Second Degree

    Quote Quoting blewis
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    You may have a possible technical defense, as well. You were cited for a violation of RCW 46.61.525.2, which states:




    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."
    Quote Quoting colemac65
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    HE SHOULD HAVE CITED YOU FOR 46.61.525.1a.....I90 means district court and in the times we are in right now, i have not seen prosecutors at contested hearings. Contested W/accident yes, but not contested traffic cases. Get discovery . I believe Barrys arguement above is spot on but i would suggest getting discovery as well, just to be on the safe side. Normally pacing affidavits are pretty easy to surpress...

    This is for either of the persons quoted above.. what is the proper or correct way for the violation to be cited? For example, if the officer cited for 46.61.525 without specifying any additional paragraphs/subsections, would this effectively include everything (all subsections) contained within that statute code? Is a citation such as this procedurally correct? I have a Neg 2 citation I'm preparing for.

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