Negligent Driving in the First Degree was a crime created by the Washington legislature back in the mid 1990s. It essentially took what was the simple civil infraction of Negligent Driving and created two different categories. The civil infraction became Negligent Driving in the Second Degree. It remained defined as driving in a negligent manner likely to endanger persons or property.
The new charge of Negligent Driving in the First Degree took the language of the infraction and added an element that required the person to exhibit the affects of having consumed alcohol as well as driving negligently. It was a response to concerns from the public that the BAC level required for DUIs should be lowered. The primary result was that it gave the State the ability to charge an alcohol related criminal traffic offense in instances when the individual was not intoxicated or even impaired.
A positive outcome from this legislation, however, was that it gave the state a new offense to which it could reduce DUI charges. Unlike DUI, Negligent Driving in the First Degree (Neg 1) does not involve any mandatory jail or even a license suspension. It is reported to the Washington Department of Licensing as a simple infraction. Importantly, a "Neg 1" can be removed from your record after a period of time.
If you have been charged with a Negligent Driving in the First Degree or wish to see how your DUI charge can be reduced to a "Neg 1", call or email one of our Washington DUI attorneys.
RCW 46.61.5249 - Negligent driving - First degree.
(1)(a) 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.
(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal 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.
(c) Negligent driving in the first degree is a misdemeanor.
(2) For the purposes of this section:
(a) "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.
(b) "Exhibiting the effects of having consumed liquor" means that a person has the odor of liquor 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, and either:
(i) Is in possession of or in close proximity to a container that has or recently had liquor in it; or
(ii) Is shown by other evidence to have recently consumed liquor.
(c) "Exhibiting the effects of having consumed an illegal drug" means that a person by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed an illegal drug and either:
(i) Is in possession of an illegal drug; or
(ii) Is shown by other evidence to have recently consumed an illegal drug.
(d) "Illegal drug" means a controlled substance under chapter 69.50 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter 69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
[1997 c 66 § 4.]
Notes:
Criminal history and driving record: RCW 46.61.513.
RCW 46.61.525 - Negligent driving - Second degree.
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, 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.
(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "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.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
[1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]
Notes:
Rules of court: Negligent driving cases -- CrRLJ 3.2.
Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.