Washington State Reckless Driving Defense Attorney

WASHINGTON STATE DEFENSE ATTORNEY RECKLESS DRIVING, NEGLIGENT DRIVING, DRIVING WHILE LICENSE SUSPENDED, HIT AND RUN, ATTEMPT TO ELUDE, AND OTHERS

Are in a category all by themselves. Police officers issue criminal citations for traffic crimes more than any other. In addition, the state has begun to increase the standard fines to the point where this criminal category makes up a disproportionate share of criminal fine revenue.

Please visit our DUI site above. That crime carries so many unique and immediate consequences that it needs its own domain. Please also be sure to contact the Department of Licensing to immediately request a contested suspension hearing or you will automatically lose your license if you do not act within thirty days. Call us if you need help.

is the most significant and immediate consequence of any criminal driving offense. Depending on the crime and circumstance, an individual can lose their driver's license anywhere from thirty days to four years. They then risk the additional crime of Driving While License Suspended which, if caught, will extend their suspension even further or make them a Habbitual Traffic Offender.

Becomes a central player in these crimes. Not only does the Department initiate the actual suspensions, it can also reissue a license with early reinstatement, issue occupational and reststrictive permits to drive, and even forgo suspension under special circumstances. The Department is also instrumental in correcting false and erroneous suspensions caused by the court issuing incorrect dispositions.

DUI: (1st) - 90 days if your BAC is < .15, - 1 year if above .15
DUI (2nd) - 2 years if your BAC is < .15, - 900 days if above .15
DUI (3rd) - 3 years if your BAC is < .15, - 4 years if above .15
DWLS 1st Degree - 1 year
DWLS 2nd Degree - 1 year
Reckless Driving (1st - 2nd) - 30 days
Reckless Driving (3rd) - 1 year
Racing (1st - 2nd) - 30 days
Racing (3rd) - 1 year
Hit and Run Attended - 1 year
Eluding Police - 1 year
Felony Involving a Vehicle - 1 year
Unattended Child in Running Vehicle - 1 year
Reckless Endangerment in Construction Zone - 60 days
Vehicular Assault - 1 year after release from jail / prison
Vehicular Homicide - 2 years after release from jail / prison
Minor in Possession of Alcohol (Age 13-17) (1st) 1 year or till age 17, the longer
Minor in Possession of Alcohol (Age 13-17) (2nd) 2 year or till age 18, the longer
Minor in Possession of Drugs (Age 13-20) (1st) 1 year or till age 17 the longer
Minor in Possession of Drugs (Age 13-20) (2nd) 2 year or till age 18, the longer

Reckless Driving is perhaps the most overcharged driving offense in Washington State. Police officers will often cite young drivers for the merely exceeding the speed limit or producing minor tire noise around a sharp turn.

We have made this site and provided these materials for informational purposes only. This is not a legal opinion. It is not intended to create nor does it create an attorney-client relationship. No one should act upon this information without seeking professional counsel.

There are numerous reinstatement requirements and some paperwork needed depending on the crime. These include an alcohol assessment, completion of alcohol drug information school or the first 60 days of treatment if needed, proof of special insurance - an SR-22 Insurance Certificate, a $150 dollar reinstatement fee, driving examination if the suspension is 1 year or longer, and proof of an installed ignition interlock if the conviction is for DUI.

A common law enforcement technique is to arrest a driver for a minor charge like driving with license suspended, perform a full search of the vehicle in order to look for contraband, alcohol, or drugs, then release the driver and merely issue a citation if they do not find any criminal items in the vehicle.

There are three basic levels of license suspension or revocation in Washington State. Each level carries with it its own preconditons, lengths, punishments, and reinstatement requirements

DWLS 3rd DEGREE is driving while your license is suspended for the least serious statutory reason. It is a simple misdemeanor with a maximum punishment of 90 days in jail and $1000 fine. There is no fixed period of suspension time and thus, a person can get their licennse reinstated at any time by solving the underlying reason for suspension. This suspension can occur for the widest variety of reasons. These include:

Failure to provide proof of state required alcohol or drug treatment
Failure to provide proof of insurance
Failing to respond to a traffic infraction
Failing to respond to appear at a criminal hearing
Failing to pay on a traffic infraction or criminal fine
Failing to respond properly to an uninsured accident
Failing to act in another state that would be grounds to suspend in Washington
Failing to reinstate one's license after a suspension for DWLS 2nd

This is the grandmother of all license crimes. It is a gross misdemeanor and it carries more mandatory minimum jail time than any misdemeanor in Washington state. If convicted, the judge must impose ten days on the first offense, ninety days on the second, and half a year on the third conviction. In addition, if a person is convicted of this offense while in this status, their suspension will be extended for an additional year. In order to reach the habitual status, a person must have, within a five year period, received convictions for three of any of the following offenses:

A person will also reach this status if, within five years, they commit twenty traffic tickets for moving offenses that must be reported to the Department of Licensing. These tickets must be separate offenses and at least three must be within one year of any preceeding offense.

Washington state defines reckless driving under three different scenarios. The crime is a gross misdemeanor which has a maximum punishment of one year in jail and a $5,000 fine. The conviction also suspends the driver's license for thirty days, requires SR-22 insurance for three years following reinstatement, and will increase the driver's normal insurance rates thereafter.

RCW 46.61.500 defines reckless driving as a operating a motor vehicle in a willful or wanton disreagard for the safety of persons or property. This can include the driver's own safety and property.

RCW 46.61.530 defines reckless as racing a motor vehicle by willfully comparing or contesting relative speeds

RCW 46.61.655 indicates that any person who prevents the free and unhampered operation of another individual's operation of a motor vehicle on the public highway is also guilty of reckless driving.

In an unusual addition, Wasington law also indicates that operating a motor vehicle above the speed limit under any of these three circumstances is prima facie evidence of the crime. Notice however that that a driver can be guilty of any of these scenarios without breaking the speed limit.

As indicated elsewhere on this site, reckless driving appears to be the most overcited offense in the misdemeanor arena. The crime is usually focused on young male drivers and is probably an aspect of the ever growing intensity of law enforcement and criminal statutes on young people.

Unlike DUI, the Department of Licensing does not hold a separate hearing to suspend a license for someone charged with Reckless Driving. In an unsual twist however, if a person is convicted of DUI, they receive full credit for their license suspension by the DOL and can usually reinstate their license immediately. If their charge is amended to Reckless however, the Department will not issue credit for the DUI administrative suspension and they will lose it for another thirty days.