Tacoma Reckless Driving Defense Lawyers

Providing Clients with a Dedicated and Thorough Criminal Defense

Almost everyone has some experience of either receiving or fearing a speeding ticket from a highway police officer. If you’re on the roads long enough, one day receiving a traffic ticket feels inevitable. But there are certain traffic tickets and traffic infractions that are separate from the rest, resulting in serious charges that may require a defendant to fight for their case in court.

Within criminal defense, there is a small area of crimes that deal with traffic offenses, or specifically, crimes committed while in the operation of a motor vehicle. Although DUI charges are the most common segment of criminal traffic defense, there are a number of other criminal violations to be aware of.

These types of criminal offenses are a unique niche of criminal defense that requires an experienced criminal traffic defense lawyer familiar with the consequences of a conviction and the type of evidence, witnesses, and testimony the government will use in their case against you, and how best to combat it.

In addition, convictions for criminal traffic offenses can come with additional sanctions and penalties that can impact your life beyond jail time and fines. This list includes, but is not limited to, suspension or revocation of your driver’s license, defensive driving school classes, commercial driver’s license consequences, increased insurance rates as a result of the traffic violations on your record, and being labeled a habitual traffic offender.

If you or a loved one has been charged with a criminal traffic infraction, they should speak with a Tacoma reckless driving defense lawyer as soon as possible before evidence and witnesses are lost forever. If you would like to speak with a member of our experienced legal staff, please call us at 253-465-2722 to schedule a free consultation. Like the attorney-client relationship, your consultation is completely confidential.

How is the Traffic Infraction of Reckless Driving Defined?

Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

Reckless driving can be considered a broad “catch-all” type of criminal offense. That means there are many ways one could commit the crime of reckless driving. As the statute says, it occurs when someone drives in a manner that puts other people or property in danger.

The most common type of facts associated with reckless driving deal with driving at a high rate of speed, weaving through traffic, unsafe lane changes, disobeying multiple traffic laws, running through a stop sign without coming to a complete halt, and showing a disregard for your actions and the safety of other drivers or property.

If you are convicted of reckless driving, your license will be suspended for 30 days. It can also negatively impact your Commercial Driver’s License, including suspension or revocation.

In addition, a reckless driving conviction qualifies as one of the driving convictions that can get you declared a habitual traffic offender (HTO). There may also be necessary fines involved.

What is “Wet Reckless”?

Although this term is not used in Washington state as much as many other states, such as California, this term refers to a conviction for reckless driving that was originally charged as a DUI but the government amended the DUI charge down to reckless driving, often as part of a plea agreement.

Obtaining an amendment from a DUI to reckless driving can occur for many reasons, but hiring a qualified DUI defense attorney will give you the best possibility for a positive outcome like this.

It takes time, patience and experience to understand all the ways the criminal traffic statutes connect to each other. This is the reason hiring an experienced criminal traffic defense lawyer is so important. Our law firm has been helping people just like you for over 40 years.

If you still have questions or are interested in setting up a free consultation to speak with a member of our friendly legal team, give us a call today at 253-465-2722 or submit a request through our website’s contact page.

What Constitutes “Negligent Driving” and How Can Legal Representation Help Your Case?

Negligent Driving in the First Degree is a misdemeanor. The maximum sentence for a conviction for a misdemeanor is 90 days in a county correctional facility (jail) and/or a $1,000 fine.

A person is guilty of negligent driving in the first degree if he or she:

Operates a motor vehicle in a manner that is both
- negligent and
- endangers or is likely to endanger any person or property,

And

Exhibits the effects of having consumed liquor or marijuana or any drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.
- It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed any drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

“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.

“Exhibiting the effects of having consumed liquor, marijuana, or any drug” means:

that a person has the odor of liquor, marijuana, or any drug on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor, marijuana, or any drug,
and either:
- Is in possession of or in close proximity to a container that has or recently had liquor, marijuana, or any drug in it; or
- Is shown by other evidence to have recently consumed liquor, marijuana, or any drug.

“Exhibiting the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects” means:

that a person by speech, manner, appearance, behavior, or lack of coordination or otherwise exhibits that he or she has inhaled or ingested a chemical
and either:
- Is in possession of the canister or container from which the chemical came; or
- Is shown by other evidence to have recently inhaled or ingested a chemical for its intoxicating or hallucinatory effects.

How Does a Prosecutor Try Cases of Negligent Driving in the Courts?

Negligent Driving 1st degree is used by the government in mainly two ways.

1) A stand-alone criminal offense. This is often seen when your breath test or blood draw puts you below the “per se” limits of .08 for alcohol and/or 5ng for THC. The government will combine these lower test levels along with the testimony from the officer to try and show your driving was affected but not to the level of a DUI charge. This crime can also be used as a “lesser included offense” in a DUI trial. This means the government can ask the jury to convict you of DUI or Negligent Driving 1st if the jury finds the evidence does not support a DUI conviction. This can essentially give the government two chances to obtain a criminal conviction on the same facts. This is completely lawful and they have the ability to request this of the jury if the facts support it.

2) An amendment to resolve a DUI. Negligent Driving 1st degree is a “lesser included offense” of a DUI, this allows the government to easily amend a DUI charge down to a Negligent Driving 1st. This works similarly to the “Wet Reckless” described in detail above. There are a number of reasons the government may be willing to amend a DUI charge to this lesser crime, including a low breath or blood test, your lack of criminal case history, lack of alcohol or drug history, and legal issues argued by your defense attorney that make your case difficult to prove at trial.

If you want to give yourself a better opportunity to obtain a favorable result from a Negligent Driving 1st degree (or Neg 1st) charge or to obtain an amendment to a DUI charge, hiring a great lawyer, especially an experienced DUI attorney, is the first step. No traffic attorney can guarantee you a result but hiring a lawyer that knows the law and will fight for you will put you in the most favorable possible position possible for defending you through the court process and safeguarding your future.

What is ‘Unattended’ Hit and Run?

In Washington state, the crime of Hit and Run is mainly separated in two ways. The main factor between the two is whether the other vehicle had people inside of it or not. This is described as an “Unattended” or “Attended” vehicle. Whether anyone was injured or died, or whether you struck other property or place of business, is also a contributing factor as to what statute you will be charged under.

Hit and Run Unattended is a gross misdemeanor. The maximum sentence for a conviction for a gross misdemeanor is 364 days in a county correctional facility (jail), and/or a $5,000 fine.

There is no suspension or revocation of your personal license if convicted. However, if you have a Commercial Driver’s License (CDL), any conviction for a hit and run charge, even if it occurred in your personal vehicle, can result in a CDL disqualification. Depending on whether you have had your CDL revoked previously, this could result in a lifetime revocation.

If you hit an unattended vehicle or property, it’s best practice to call the non-emergency police line to report the accident. This helps prevent someone from calling the police on you to report a hit and run, even though you actually stopped. Going that extra mile can often help prevent the need to fight criminal charges or, if they are filed, can help get them dismissed.

How is ‘Attended’ Hit and Run Defined in the State of Washington?

When you are involved in an accident that has people in the other vehicle(s), it creates an additional set of duties and responsibilities for you, the driver. Depending on the specific facts, injuries, and what you did or did not do can alter the seriousness level of the type of criminal charge and traffic ticket you could face.

If there is only damage to another occupied vehicle or property, you must:

Immediately stop at the scene of the accident or as close as possible; and
- If you stop as close as possible, you must immediately return to the scene
Remain at the scene of the accident until you have
- Given your name, address, insurance company, insurance policy number, and vehicle license number, and provide your driver’s license to all involved

If you fail to comply with the above requirements, you can be charged with a gross misdemeanor.

The maximum sentence for a conviction for a gross misdemeanor is 364 days in a county correctional facility (jail) and/or a $5,000 fine. Your driver’s license will be revoked and if you have a CDL it will be revoked and if you’ve been previously revoked, it could mean a lifetime CDL ban.

What Happens if a Hit and Run Results in Personal Injury or Death?

A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall:

Immediately stop at the scene of the accident or as close as possible; and
- If you stop as close as possible, you must immediately return to the scene
Remain at the scene of the accident until you have
- Given your name, address, insurance company, insurance policy number, and vehicle license number, and provide your driver’s license to all involved.
- Render assistance to any injured person, including making arrangements or taking them to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf.
  - Under no circumstances shall the rendering of assistance or other compliance with the provisions of this subsection be evidence of the liability of any driver for such an accident.

A driver involved in an accident that is injured or incapacitated to the extent of being physically incapable of complying with the above requirements cannot be charged criminally.

IF YOU FAIL TO COMPLY WITH THE ABOVE REQUIREMENTS AND SOMEONE DIES, YOU CAN BE CHARGED WITH A CLASS B FELONY

The maximum sentence for a conviction for a Class B felony is ten years in a state correctional facility (prison) and/or a $20,000 fine.

IF YOU FAIL TO COMPLY WITH THE ABOVE REQUIREMENTS AND SOMEONE IS INJURED, YOU CAN BE CHARGED WITH A CLASS C FELONY

The maximum sentence for a conviction for a Class C felony is five years in a state correctional facility (prison) and/or a $10,000 fine.

Your actual sentence could involve a number of specific factors, including your “offender score” based on the Sentencing Reform Act (SRA) RCW 9.94A and Washington’s Sentencing Guidelines.

IF YOU FAIL TO COMPLY WITH THE ABOVE REQUIREMENTS INVOLVING AN ACCIDENT STRIKING THE BODY OF A DECEASED PERSON, YOU CAN BE CHARGED WITH A GROSS MISDEMEANOR

The maximum sentence for a conviction for a gross misdemeanor is 364 days in a county correctional facility (jail) and/or a $5,000 fine.

Call Our Tacoma Reckless Driving Defense Lawyers Today

No matter what criminal traffic offense you’ve been charged with, the best advice you can receive is to hire an experienced criminal defense attorney who practices in this area of law. These cases are very emotional and almost always involve a victim or victim’s family. There is also a concern as to both civil liability and criminal restitution.

You have rights, and those rights include hiring lawyers to protect your name, set the record straight, and negotiate lesser penalties in court. Your chances of obtaining the most favorable result increase when you hire a qualified criminal traffic defense attorney.

We here at South Sound Law Group have been helping clients fight these types of charges for over 40 years. Our law firm prides itself in providing great customer service and a successful track record in helping clients avoid harsh penalties for their traffic tickets and the increased insurance rates that often accompany them.

We offer free consultations to all potential clients with traffic tickets or legal matters. If you are interested in learning more, schedule your free case evaluation today by calling our law office at 253-465-2722.