As per reports Hundreds of people over the years for various traffic violations, and these violations raise more questions about negligent driving in cases involving 2nd Degree violations and please don’t violet driving rules coz we all have family who is waiting for us at our home. Think of them before making any mistakes and remember Rules are our for our betterment. [Sources: 5]
Difference between Negligent Driving 2nd Degree and 1st Degree
Today I want to talk to you about the difference between Negligent Driving in the 1st degree and the Negligent Driving in the 2nd degree. In slang, we call it Neg 1 and Neg 2.
Neg 1 is an alcohol related criminal traffic offense, it is a lesser offense then a DUI, a DUI is a gross misdemeanour. Neg 1 is a simple misdemeanour, but it is an alcohol related traffic offense.
It is a criminal offense. So, you are subject to go to jail and fines and all of those things. Negligent driving in the 2nd degree is a civil traffic infraction, so it is like a speeding ticket. It is a big speeding ticket. But it is in the same category as a speeding ticket.
Both would affect your insurance and obviously Neg 1 is a crime and you would have a criminal record. A lawyer can definitely help you.
Consequences and how to fix Negligent Driving 2nd Degree charges?
In addition to serious criminal consequences, this offence can result in the loss of a driving license. 2nd Degree negligent driving occurs when a person is guilty of negligence, 2nd Degree circumstances that do not constitute first-degree negligence, when the person operates a motor vehicle in a manner that is negligent, that threatens another person or property or is likely to harm them. Allocating blame and paying a fine in such cases can have lasting consequences. [Sources: 12, 13]
Retaining a ruthless driving lawyer if you are charged is necessary to protect and defend your rights. You should also consider getting a lawyer to represent you if you are charged with a crime. [Sources: 2, 10]
In order to achieve the best possible result, it is crucial to discuss your case with a traffic lawyer who has experience in combating negligent traffic offences at the earliest opportunity. In this case, the first objective of your lawyers is to help you refute the allegations and dismiss them. There are many ways in which an experienced traffic lawyer can fight to get you out of a criminal complaint and get your ticket. [Sources: 7, 9, 11]
Negligent Driving 2nd Degree for Washington state
If you or someone close to you is sued or charged with negligence in West Washington, you face the possibility of not only spending time in prison but also a supervised probation term of up to two years, among other things. Reckless driving is a crime and is defined as driving a motor vehicle with deliberate and wilful disregard for the safety of another person or other property.
Under Washington State Law a person is guilty of 2nd Degree negligent driving in circumstances that do not constitute first-degree negligent driving in a manner that is negligent, endangering or putting another person and / or property in danger. [Sources: 2, 6, 8]
Elements of First-degree negligence are (1) a person who operates in a negligent manner that endangers or threatens another person or property and (2) the person who exhibits the effects of the use of alcohol or illicit drugs. In order to increase negligence as a criminal offense to Neg 1, the state must prove that the driver not only drives recklessly, but also has the effect of consuming alcohol or drugs. 2nd degree negligent driving where an endangered user or victim is considered to be a traffic violation can result in a maximum fine of $5,000 or less, up to $1,000 or ninety days of driving disqualification. [Sources: 0, 1, 4]
If the accused responds to the complaint within fifteen days and does not contest the indictment, he or she may choose to pay the $250, attend a traffic school, perform community service and obtain a certificate of compliance within a year. For this violation, the person has the right to a jury trial and a defense attorney at public expense. Many drivers don’t want to go to court to get a ticket, so they pay the fine. [Sources: 0, 1, 10]
Negligent Violation Results
If you get a ticket for 2nd degree negligence, you do not lose your license, but it is considered a negligent violation and can lead you to suspension. [Sources: 10]
If convicted of reckless driving, the Washington state Department of Licensing can suspend the driver’s license for up to 30 days. The DMV can also revoke a driver’s license if there are two probation violations while driving. After one year of probation, a person who commits two traffic offences can have his driving licence revoked indefinitely. [Sources: 2, 10]
If a person is convicted of first-degree negligence, the licensing authority requires the driver to have an ignition lock fitted to his car if he has previously committed an alcohol-related offense. A conviction for first-degree negligence not only results in a suspension of the license, but it must be accompanied by a DUI charge to result in a suspension. The licensing authority also requires a driver to install an ignition lock device if the driver has a criminal record for an alcohol offence. [Sources: 0, 7, 10]
A person can plead guilty to first-degree negligent driving without being charged with DUI, or can plead guilty to a number of alcohol-related charges in connection with a prior felony when they go to trial for DUI. In many cases, when a driver is charged with negligent homicide after a traffic accident, he faces a higher penalty than a charge of reckless driving. [Sources: 0, 2]
Penalty
If convicted, he faces a fine of up to $1,000 and / or up to 90 days in prison. In the case of infringements, the only penalty is a fine and the person is not sent to prison for the offence. That means the prison sentence doesn’t show up on your criminal record and the maximum penalty for a violation is $550. [Sources: 0, 5, 7]
This charge is used in conjunction with DUI and can be used as a plea deal for a person charged with DUI. This fee is for people who do not meet the elements of the DUI but are less impaired. [Sources: 10, 13]
If you are accused of second-degree negligence for reckless driving, you can argument that you operated a motor vehicle on a private property without the owner’s consent and in a manner consistent with the owner’s consent. Unlike other types of NEG-2 tickets, an official must experience the ride, which can be difficult to defend. The officer must decide whether you put people or property at risk or whether your behaviour was negligent. [Sources: 1, 3, 4]
This Article is based on Online Research so please bear with us and for more information please use sources.
Sources :
[0]: https://www.grahamdefense.com/criminal-defense/traffic-violations/negligent-driving/
[1]: https://www.blairkim.com/negligent-driving.html
[2]: https://mac1law.com/practice-areas/reckless-negligent-driving/
[3]: https://www.washingtonstatetrafficticket.com/negligent-driving-traffic-ticket-wa-state-traffic-attorneys.htm
[4]: https://seahawklaw.com/negligent-driving-charges.php
[5]: http://ahufflaw.com/Blog/2016/07/Negligent-Driving-in-the-2nd-De
[6]: https://www.dellinolaw.com/negligent-driving-second-degree
[7]: https://www.thecurtisfirm.com/negligent-driving-under-washington-law
[8]: https://www.sqattorneys.com/other-crimes/vehicular-crimes/negligent-driving/
[9]: https://www.seattletrafficattorneys.com/service/other-traffic-and-non-traffic-tickets/negligent-driving-second-degree
[10]: https://ccdlaw.com/traffic-infractions/negligent-driving/
[11]: https://www.rickmerrillattorney.com/blog/negligent-driving-1st-or-2nd-degree
[12]: https://www.harbesonlaw.com/negligent-driving.htm
[13]: https://www.vinnyrlaw.com/negligent-driving
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