Negligent Driving Attorney

Negligent Driving in the First Degree is a misdemeanor traffic charge defined in RCW 46.61.5249 as

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 an illegal drug or exhibits the effects of having inhaled or ingested any chemical, whether or not a legal substance, for its intoxicating or hallucinatory effects.

This charge is similar to a DUI in that it is a crime of driving after having consumed alcohol. Unlike a DUI, there is no per se amount of alcohol that must be proven to convict under this charge. The police officer does not need a breath test to prove this charge, only proof of some alcohol or drug needs to be established. Also, the State only has to show that the driving was negligent, such that it likely endangered persons or property. For a DUI charge, the standard the State needs to prove is that the driver was impaired by alcohol. Therefore, it is generally easier to prove a Negligent driving charge than a DUI.

Consequences of a Negligent Driving Conviction

This charge is a misdemeanor under Washington law, which means that the maximum penalty is 90 days in jail and a $1,000 fine. There is no mandatory minimum jail time, unlike a DUI conviction. There is no court ordered license suspension or Ignition Interlock requirement. However, the Department of Licensing may still suspend your license and require you to obtain an Ignition Interlock Device.
If you are convicted of an amended charge from DUI to Negligent Driving in the First Degree, the conviction will still count as a prior conviction for DUI within seven years.

Feb 29, 2024

by GC on Kris Carrasco Attorney at Law

Out of State Restraining Order

I was in a horrible situation where the mother of my son had me arrested on false claims so she could kidnap our son and move to Washington from California. She filed a restraining order when she got to Washington, listing our son as a protected party and claimed I had been abusive to her and him, writing a statement filled with lies and stories going back many years. She went so far as to have her family members, whom had never left Washington submit statements as well. The whole thing was disturbing and as a result I wasn't able to see my son for months. Kris didn't get dragged into arguing the meritless claims she made but instead focused on the actual law. Washington did not have jurisdiction over me and as a result a restraining order was not legal. A temp judge granted the restraining order and Kris made the judge explain on the stand multiple times how Washington had jurisdiction. She could not. He filed a motion for reconsideration shortly after outlining case law and making it clear that the temp judge had made a mistake. A commissioner reviewed and granted the motion for reconsideration. As a result, I was able to be reunited with my son, 102 days later. Kris is an amazing lawyer and I can't thank him enough for what he did for me and my son. Don't hesitate to hire him.