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  1. #1
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Negligent Driveing Second Degree

    Quote Quoting Cleatherman2k12
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    So my question is since there is no speed limit when passing and if you don't run anybody off the road and it was a safe and legal pass i am pretty sure i will be taking this one to court. because about a year ago i had an officer pull me over when i was doing 86 when i had just got done passing and the judge said: You were in completion of a pass the ticket is dismissed.

    Now you know why the officer gave you a neg-2 ticket INSTEAD of a speeding ticket. You can BEAT a speeding ticket on a two lane road (one lane in each direction) if you were in the act of passing (see RCW 46.61.425 (1)).

    However, neg-2 is a TOTALLY different matter. 46.61.425 will NOT mitigate neg-2 as it will "speeding".

    However, the prosecution has to prove that you were driving "a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property."

    Paragraph (2) defines "negligent" as"

    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.

    So, it will have to be the officer's contention that driving 98 is an "act that a reasonably careful person would not do". Saying that the guy behind you had his high beams on probably does NOT justify passing at 98.

    You might want to request discovery and read the officer's sworn statement. If it doesn't mention "negligent", you MIGHT be able to get out if it.

    Good luck,
    Barry

  2. #2

    Default Re: Negligent Driveing Second Degree

    I requested discovery and here is what the office stated about the situation.

    some of what he said is not true but i will have to state that in court. Would i be better off getting a lawyer or would i be fine on my own i don't want to pay 600 dollars for one if i don't need one.


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