Reckless Endangerment Defense in Washington

The crime of Reckless Endangerment, in Washington, is not in and of itself a driving offense.  Very rarely is it charged initially based on driving behavior alone. It comes about normally in one of two ways.

The first is as a companion charge to a DUI when the driver has children in the car. Reckless Endangerment is defined as acting recklessly and creating the substantial risk of serious bodily injury or death. It is not uncommon for someone who has been arrested for a DUI in Washington to be charged with Reckless Endangerment as well. The obvious concern here is that the judges and prosecuting attorneys involved in such a case will treat DUIs where there are children in the car much more severely.  If this situation applies in your case, do not delay in contacting a Washington DUI attorney.

The second is as a reduction from the original charge of DUI. The advantage of such a reduction is that unlike Reckless Driving, a conviction for Reckless Endangerment will not result in a suspension of driving privileges. It might, however, still count as a prior DUI offense in case there is a subsequent DUI charge. To discover more about Reckless Endangerment or to find out if a reduction of your Washington DUI charge to this offense makes sense, contact one of our Reckless Endangement lawyers

 

RCW 9A.36.050 - Reckless endangerment.

     (1) A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.

     (2) Reckless endangerment is a gross misdemeanor.

Notes:

     Finding -- Evaluation -- Report -- 1997 c 338: See note following RCW 13.40.0357.

     Severability -- Effective dates -- 1997 c 338: See notes following RCW 5.60.060.

     Finding -- Intent -- 1989 c 271 §§ 102, 109, and 110: "The legislature finds that increased trafficking in illegal drugs has increased the likelihood of "drive-by shootings." It is the intent of the legislature in sections 102, 109, and 110 of this act to categorize such reckless and criminal activity into a separate crime and to provide for an appropriate punishment." [1989 c 271 § 108.]

     Application -- 1989 c 271 §§ 101-111: See note following RCW 9.94A.510.

     Severability -- 1989 c 271: See note following RCW 9.94A.510.

     Criminal history and driving record: RCW 46.61.513.