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"
Quoting RCW 46.61.525
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

