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Reckless Driving Defense in Washington

Reckless driving is considered a serious criminal traffic offense in the State of Washington. As a gross misdemeanor, it carries a maximum sentence of one year in jail and a $5,000.00 fine. If convicted of Reckless Driving in Washington the Department of Licensing will suspend the driver's license for 30 days. As a condition of reinstatement, proof of SR-22 insurance must be provided and carried for three (3) years.

The crime of Reckless Driving is defined as driving a motor vehicle with willful and wanton disregard for the safety of persons or property. It can mark the sole basis of a stop, arrest and criminal charge. It also can be bundled as an accompanying charge to a DUI.  Along with the potential statutory penalties there are other collateral concerns.

First, a conviction for Reckless Driving in Washington is a major moving violation. If a person acquires three major moving violations in a five (5) year span, the DOL will consider that person as a Habitual Traffic Offender (HTO). The result would be an extremely lengthy license suspension. Follow this link for a complete discussion of the HTO laws and consequences.

Second, a DUI charge that has been reduced to a Reckless Driving may be counted as a "prior" DUI for purposes of sentencing enhancements on subsequent DUIs. There is even legitimate concern that such a reduction would be seen as an inadmissible offense, barring entry into Canada.   

A Reckless Driving in Washington is a serious charge and not a simple traffic infraction. If charged with Reckless Driving, either on it's own or in conjunction with a Washington DUI charge, contact a reckless driving attorney for more information.

 

RCW 46.61.500 - Reckless driving – Penalty.

     (1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

     (2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

[1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.]

Notes:

Rules of court:  Bail in criminal traffic offense cases -- Mandatory appearance -- CrRLJ 3.2.

     Effective date -- Severability -- 1979 ex.s. c 136: See notes following RCW 46.63.010.

Arrest of person involved in reckless driving: RCW 10.31.100.

Criminal history and driving record: RCW 46.61.513.

Embracing another while driving as reckless driving: RCW 46.61.665.

Excess speed as prima facie evidence of reckless driving: RCW 46.61.465.

Racing of vehicles on public highways, reckless driving: RCW 46.61.530.

Revocation of license, reckless driving: RCW 46.20.285.

 

RCW 46.61.513 - Criminal history and driving record.

     (1) Immediately before the court defers prosecution under RCW 10.05.020, dismisses a charge, or orders a sentence for any offense listed in subsection (2) of this section, the court and prosecutor shall verify the defendant's criminal history and driving record. The order shall include specific findings as to the criminal history and driving record. For purposes of this section, the criminal history shall include all previous convictions and orders of deferred prosecution, as reported through the judicial information system or otherwise available to the court or prosecutor, current to within the period specified in subsection (3) of this section before the date of the order. For purposes of this section, the driving record shall include all information reported to the court by the department of licensing.

     (2) The offenses to which this section applies are violations of: (a) RCW 46.61.502 or an equivalent local ordinance; (b) RCW 46.61.504 or an equivalent local ordinance; (c) RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug; (d) RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug; and (e) RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

     (3) The periods applicable to previous convictions and orders of deferred prosecution are: (a) One working day, in the case of previous actions of courts that fully participate in the state judicial information system; and (b) seven calendar days, in the case of previous actions of courts that do not fully participate in the judicial information system. For purposes of this subsection, "fully participate" means regularly providing records to and receiving records from the system by electronic means on a daily basis.

[1998 c 211 § 5.]

Notes:

Effective date -- 1998 c 211: See note following RCW 46.61.5055.