Legal Question in Traffic Law in Washington

Re: wreckless driving

Under R.C.W. 46.61.500, it is reckless to drive any vehicle in willful or wanton disregard for the safety of persons or property. Reckless driving is a criminal offense and is considered a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars. In addition, if you are convicted of reckless driving, the Department of Licensing will suspend your driver�s license for 30 days.

Speeding is a non-criminal, traffic infraction. It is punishable by a fine, and cannot lead to any term of imprisonment or loss of license. However, if you have several speeding or other moving violations over a two year period, the Department of Licensing can, with written notice, suspend your license as a �habitual traffic offender.�

It�s interesting that you were cited for both speeding and reckless driving. Was the speed reading obtained by a pace (less accurate) or radar or laser (very accurate)? Also, were you really doing more than just speeding? Perhaps you were weaving in and out of traffic? Under the case of State v. Amurri, 51 Wash.App. 262, 265 (1988), speeding alone is insufficient to prove the element of �willful or wanton disregard for the safety of persons or property.� Was the place you drove a busy city street, was it on the freeway, what was the weather? Were you on a motorcycle or driving in a car? Did you have any passengers aboard? All of these factors could lead a police officer to arrest you for reckless when driving so fast.

You have a lot at stake here, so get yourself a good traffic lawyer and fight this. Many prosecutors see this offense as small potatoes and would rather plead it down to a lesser offense (maybe Negligent Driving 2) rather than devote any time and energy to a jury trial.