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In this article, you will discover:
How Is Reckless Driving Different From A Standard Speeding Or Traffic Infraction In Washington?
Reckless driving is not different from speeding or traffic infractions per se. Speeding, for instance, can be a reckless driving infraction, depending on the circumstances.
Even though a regular traffic infraction is under the criminal prong, it’s more civil in nature. There’s a criminal statute that applies to traffic violations, but the consequences are monetary.
There’s no jail time with regular traffic tickets. Instead, there are fines, and the violation goes on your driving record.
Reckless driving is different. It, too, is under the criminal prong, but it’s a criminal charge. Reckless driving can be amended down from a DUI to negligent driving, but whatever you did while you were driving amounts to reckless driving.
For example, suppose you’re driving on the freeway where the speed limit is 60 miles per hour. If you’re driving 70 miles per hour, that’s a standard speeding traffic infraction. The penalty is a fine, and the infraction goes on your driving record.
If, by contrast, you were driving in heavy rain on the freeway in a 60-mile-per-hour zone and you were zig-zagging through the lanes, that would give rise to reckless driving. Because in this instance, you could cause an accident where someone could die, this infraction comes with a more severe charge of a gross misdemeanor, which includes a fine and a jail sentence.
The definition of reckless driving is a willful and wanton disregard for the safety of another’s property. In other words, any time you drive in a way that potentially can endanger another person on the road, that can give rise to reckless driving charges.
Reckless driving can include driving too fast for road and weather conditions, or driving outside your lane. Suppose everybody’s driving 40 miles per hour because it’s snowing, but you’re driving 60 miles per hour. If there’s black ice, that kind of driving can give rise to reckless driving. Without proper caution, if you hit a rail, a barrier or another vehicle, someone could lose their life or suffer serious injury.
The definition or standard for reckless driving is subjective, based on the officer’s observation and judgment. What are they observing? Is it, in their estimation, a willful and wanton disregard for the safety of others on the road? Because most people in Washington have a clear standard for how to drive in the snow or on slick roads, it’s not hard to leap from subjective belief to an objective standard.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of criminal and DUI law. With years of experience, she is prepared to assist you in handling the DUI and reckless driving charges so you can avoid or minimize fines and jail time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
A reckless driving conviction is a gross misdemeanor with a maximum penalty of 364 days in jail or a $5,000 fine. Typically, these are maximum penalties, but it’s rare for people to receive them for this type of conviction.
Ultimately, penalties depend on your criminal history. For example, if you have no prior history, you might face a lesser penalty, such as 10 days in jail or a fine of $1,000 to $1,500. However, if you’ve had more than one reckless driving conviction, you’re likely to face greater penalties.
There’s also a difference worth noting between a reckless driving charge and a reckless driving charge reduced from a DUI. There are more severe consequences if reckless driving is amended down from a DUI to just a reckless driving charge.
A DUI amended down to reckless driving goes on your record as reckless driving. However, the next time you are charged with DUI, the prosecutor can argue the prior conviction for reckless driving was also a DUI, making this your second DUI, if it occurred within 7 years of the first.
Whenever you have a reckless driving conviction, it automatically triggers the Department of Licenses to suspend your driver’s license for up to 90 days. During those 90 days, you can obtain a temporary driver’s license, but your regular license is suspended.
If you fail to renew your license and drive while it’s suspended, you risk having a DWLS charge added on. That, in turn, becomes a violation of the conditions of your reckless driving.
There are many moving parts when you’re convicted of reckless driving, but most of the time it’s a driver’s license suspension of up to 90 days and a maximum jail time of 364 days, even though 5, 10, 30 or 90 days are more common.
After your arrest in a criminal case stemming from a DUI, the Department of Licensing sends you a notice that you can request a hearing. That hearing is an administrative hearing. There will also be a criminal case hearing.
In the administrative hearing, the DOL is only searching for three things:
In a DUI-type case, those conditions are readily met. If you were driving in the State of Washington, were lawfully arrested, had a blood alcohol content (BAC) of 0.08 or more, or refused a breath test, that would provide the DOL sufficient grounds to suspend your license. Therefore, requesting a hearing to establish the obvious may not be worth the $375 fee. If you’re convicted of a DUI or reckless driving at the criminal hearing, your license will be suspended anyway.
If a DUI is amended down to reckless driving, there is still a license suspension. Sometimes, the DOL credits the 90 days of the administrative suspension it imposes against you to the court suspension, even though the administrative and court suspensions are different and have different timelines. The court’s suspension doesn’t occur until you have a conviction for DUI, reckless driving or negligent driving, each of which has different suspension periods.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of criminal and DUI law. With years of experience, she is prepared to assist you in handling the DUI and reckless driving charges so you can avoid or minimize fines and jail time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
If you are charged with reckless driving and there’s no collision or alcohol involved, most of the time, the officers will release you on your own recognizance. If alcohol is involved, you’re going to go to jail for the night.
If you have a DUI reduced to reckless driving, you’re getting arrested, and you’re going to jail. In the next 24 hours, a judge will determine whether there’s probable cause to charge you with a crime. If so, they set bail; if not, they release you.
Reckless Driving With Or Without A Collision
If you’re charged with reckless driving and there was a collision, you are likely to go to jail. It follows the same process as the DUI. If you’re charged with reckless driving but there wasn’t a collision, the police can give you the citation and release you.
Generally, if you are arrested for DUI or reckless driving following a collision, the judge will either release you or set bail at the probable cause hearing. Then, they’ll give you your next court date. Regarding reckless driving without a collision, the court will issue you a citation and eventually send you a notice of your first court date.
If you were arrested, your first appearance, the probable cause hearing, happens in jail. However, if you were not arrested, your first hearing will be the arraignment.
The arraignment is relatively simple: the judge reads you the charges, and you present your plea. 99% of the time, your plea is not guilty, regardless of whether you did it. Your not guilty plea provides your attorney the opportunity to negotiate your case with the prosecutor.
Finally, the bail issue is addressed, and you get your next court date.
Anytime that you have a criminal charge, you go through an involved process. People don’t realize how many times they have to come back to court. Hopefully, their first exposure to driving charges will deter them from future involvement.
As an attorney, the best course of action is always to make your client well-informed. Most people have no idea what the criminal process is like, the consequences they face, or even what bail is.
When I take on a case, my goal is always to ensure you understand the consequences of every decision you make. I also won’t let you entertain unrealistic expectations. While you may hope to avoid jail time, I might have to tell you that you’re facing jail time and what it will look like.
Fortunately, for a first-time offense, I can usually negotiate on your behalf. That can give you peace of mind and reassurance that, if you do have to spend some time in jail, it will be for only one or two days rather than 364 days.
For more information on reckless driving in Washington State, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (425) 200-6439 today.
Attorney Diem Chi Nguyen is a skilled lawyer based in Renton, Washington, who has helped many clients like you navigate the intricacies of criminal and DUI law. With years of experience, she is prepared to assist you in handling the DUI and reckless driving charges so you can avoid or minimize fines and jail time.
Still have questions? Ready to get started? Contact DC Nguyen Law today to schedule an initial consultation.
