Bellevue Negligent Driving Attorneys

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Negligent Driving is among the most frequently charged offenses here in Bellevue and throughout Washington State. Most citizens have a general sense of negligence, but do not know the nuances of how this crime is typically charged. For example, what does the state need to prove? How does the State typically negotiate this type of case? If I am convicted, do I need to get special insurance? If I am convicted will I lose my license? Washington Criminal Attorneys understands both how being charged with this offense feels, and has the knowledge, experience, and skill to answer each and every question.

Let’s start with the Negligent Driving statute itself. RCW 46.61.5249, and RCW 46.61.525 are the relevant statutes. Like many other offenses under our statutory system, Negligent Driving has essentially two different varieties that differ in the consequences upon conviction or committal.

If you or someone you know has been charged with this crime in the King County Eastside area, a Bellevue criminal attorney from our firm will work with our team of legal professionals to defend you in your case. We have a proven successful record defending hundreds of clients against this criminal offense over two decades. It is crucial to have an attorney that knows the nuances of the offenses, how the facts specific to your case can be leveraged in your favor, and the court system where your case will be heard.

Negligent Driving in the First Degree is a misdemeanor offense. That means that if you are convicted of this offense, you could face a maximum of 90 days in jail, and a $1,000 fine. According to the statute, the State MUST prove three elements beyond a reasonable doubt in order to convict you: (1) that you were operating a motor vehicle negligently, (2) that the way you operated the vehicle endangered or was likely to endanger any person or property, (3) that you exhibited the effects of having consumed liquor or marijuana, or any drug, OR that you exhibited the effects of having inhaled or ingested any chemical for its intoxicating effects.

You may be asking yourself: how is this different from a DUI? Click here for the Washington State DUI sentencing chart. Remember that Negligent Driving in the 1st Degree is a misdemeanor, NOT a gross misdemeanor. That means the potential jail time, and the fine are significantly lower than a DUI.

Additionally, unlike a DUI, if you are convicted of Negligent Driving in the First Degree, there is not an automatic license suspension from either the Department of Licensing, or the court itself, there is not any mandatory minimum jail time, or an ignition interlock device requirement (IID), unless you’ve already had a DUI or similar offense within the past seven years. For all of these reasons, it is better to be charged with Negligent Driving in the 1st Degree, as opposed to DUI.

But it is STILL a criminal offense where, if you are convicted you could face up to 90 days in jail. That is why you need an experienced team of legal professionals to carefully review each and every detail of your specific case, and hold the State to their burden of proving your guilt beyond a reasonable doubt.

Negligent Driving in the Second Degree, on the other hand, is not a criminal offense. Rather, it is a traffic infraction. Instead, our statutes treat this version as a traffic violation, but the consequences to your driving record, your insurance rates, and how future traffic cases might get treated are all significantly affected. With all traffic offenses, the State is held to a much lower burden. They only need to prove the elements of the offense by a preponderance of the evidence. That is a fancy legal concept that essentially boils down to “more likely than not.” So, even if the State proves that you were 50.000001% likely to have driven as described in the police reports, the Judge will find you committed.

Negligent Driving in the 2nd Degree differs from 1st degree in that there is not the element of intoxicants. That means that the State only needs to prove two elements: (1) that you were driving negligently, and (2) that your driving endangered, or was likely to endanger persons or property.

Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? The elements of the differing offenses, and the shifting burdens of proof make navigating the Negligent Driving laws in Washington State hard to navigate. When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.

The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Our team attorneys and support staff will be there with you every step of the way. You absolutely cannot fights these charges alone! Remember, NEVER speak to the police, detectives, or anyone from the prosecutor’s office without an attorney.

They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don’t make the mistake of handling your criminal charge alone.

Washington Criminal Attorneys will be there for you, and go to battle for you when it matters the most.