Negligent Driving 2nd Degree in Washington State: Penalties and Defense Strategies

Understanding Negligent Driving 2nd Degree

In Washington State, getting pulled over can be a stressful experience, especially if the officer hands you a citation for Negligent Driving in the Second Degree (commonly referred to as 'Neg 2'). Unlike its more severe counterpart, Negligent Driving 1st Degree, Neg 2 is not a crime. Under Wash. Rev. Code § 46.61.525, Neg 2 is defined as a civil traffic infraction committed when someone operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. Negligence here means failing to exercise ordinary care. While it won't result in jail time, the standard fine is heavily penalized at $553, and the conviction will significantly increase your car insurance premiums. Finding a skilled traffic lawyer in our directory can help you navigate local courts to get the charge reduced or dismissed.

Common Scenarios Leading to a Neg 2 Citation

Because the legal definition of 'ordinary care' is somewhat subjective, Washington State Patrol and local police officers issue Neg 2 tickets for a wide variety of driving behaviors. Here are the most common situations where you might face this charge.

Accidents Caused by Falling Asleep at the Wheel

Drowsy driving is incredibly dangerous. If you drift out of your lane, run off the road, or hit a guardrail on I-5 because you fell asleep, the responding officer will almost certainly cite you for Neg 2. The legal theory is that a reasonable person exercising ordinary care would pull over when feeling exhausted rather than risk continuing to drive.

Rear-End Collisions

In Washington, following too closely is a strict liability concept. If you rear-end someone in stop-and-go traffic in downtown Seattle or Tacoma, officers frequently issue a Neg 2 citation to the driver in the back. The presumption is that you were either distracted (e.g., looking at your phone or radio) or driving too fast to stop in time, thereby failing to exercise ordinary care and endangering property.

Excessive Speeding Without Criminal Intent

While standard speeding will just get you a speeding ticket, excessive speed combined with poor weather conditions or weaving through traffic can escalate into a Neg 2 charge. For example, driving 20 mph over the limit during a heavy Pacific Northwest rainstorm might prompt an officer to write a Neg 2 ticket. This is distinct from criminal Reckless Driving (Wash. Rev. Code § 46.61.500), which requires a 'willful or wanton disregard for the safety of persons or property.'

How to Plea Down from Higher Charges to Neg 2

Interestingly, Neg 2 is often used strategically by defense attorneys as a plea bargain. If you are charged with a serious criminal traffic offense like Reckless Driving or even a lower-level DUI where the prosecutor's evidence is weak, your attorney may negotiate to have the charge reduced to Negligent Driving 2nd Degree. Pleading down to a Neg 2 at a court like the Spokane Municipal Court, Spokane or the Pierce County District Court, Tacoma allows you to avoid a criminal conviction, probation, and mandatory license suspension, replacing it with a simple civil fine. This tactic requires an experienced lawyer who knows how to highlight the flaws in the prosecution's case.

Defending Against a Neg 2 Citation

If you receive a Neg 2 ticket, do not simply pay it. Paying it admits guilt. Instead, you should request a contested hearing within 30 days of the date of the citation (or 33 days if received by mail) by selecting the contested hearing option on the back of your Notice of Infraction or submitting your request through the district court's official online portal. A traffic attorney can subpoena the officer's notes and dashcam footage. Often, defenses revolve around proving that an accident was unavoidable (such as a sudden mechanical failure or an unforeseeable road hazard) rather than a result of your negligence. If the officer fails to show up to the hearing or fails to establish that your actions definitively lacked ordinary care, the judge may dismiss the ticket entirely.

Frequently Asked Questions (FAQ)