Many police officers mistakenly believe that they are required to cite drivers causing accidents with the more serious traffic infraction of Negligent Driving 2°, RCW 46.61.525(1)(a). Even when the actual traffic infraction causing the accident is only a minor one, such as Speeding, Following Too Close, Failing to Yield, Running a Stop Sign / Red Light, Holding a Cell Phone While Driving, etc. Consequently many Negligent Driving 2° tickets are not justified.
Negligent Driving 2° infraction tickets are justified only where the driver is both (1) driving negligently, and (2) the driving endangers or is likely to endanger any person or property. RCW 46.61.525(1)(a). However, there is no requirement that the negligent driving causes an accident. Despite what many police officers believe.
Consequently many drivers will often have a strong defense in accident Negligent Driving 2° traffic ticket cases. The Prosecution will usually have to prove that the driver was committing multiple separate traffic violations or repeatedly committing the same violation.
Call Lynnwood traffic ticket lawyer Attorney Paul Hanson for more information. Call 425-778-7339