Doh!
Negligent driving — Second degree.
(1)(a) A person is guilty of negligent driving in the second degree if, under circumstances not constituting negligent driving in the first degree, he or she operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property.
(b) It is an affirmative defense to negligent driving in the second degree that must be proved by the defendant by a preponderance of the evidence, that the driver was operating the motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a traffic infraction and is subject to a penalty of two hundred fifty dollars.
(2) For the purposes of this section, "negligent" means the failure to exercise ordinary care, and is the doing of some act that a reasonably careful person would not do under the same or similar circumstances or the failure to do something that a reasonably careful person would do under the same or similar circumstances.
(3) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.
[1997 c 66 § 5; 1996 c 307 § 1; 1979 ex.s. c 136 § 86; 1967 c 32 § 69; 1961 c 12 § 46.56.030. Prior: 1939 c 154 § 1; RRS § 6360-118 1/2. Formerly RCW 46.56.030.]
Last edited by rookiels1; Aug 12, 2006 at 10:26 PM.
The judge dropped it completely in court. BTW I always get on it in front of the cop shop there on Everett Mall Way, I better not do that anymore..

Here's what I did... I went into court, and I asked the judge for the legal definition of "Negligent driving, 2nd degree". She was a little surprised by that but she told me... "in basic terms, it is driving in a manner that endangers other people or property". So this is what I said,
"Ma'm, I was driving on a 4 lane road with turn lane in the middle, it was a clear night with perfect visibility, there were no pedestrians on the sidewalks, no other cars except my own and the officer's car on a side street (which is where he came from to pull me over). Since the road was dry, conditions were clear, there were no cars or pedestrians, how could I have endangered anyone else? The only person and property in danger was me, and my own car... which doesn't meet the definition of negligent driving, 2nd degree."
She was a little impressed from what I could tell... she said "Mr. Stolberg, it looks like you were probably speeding... but the officer didn't write you a speeding ticket like he should have. So, I have to say you are a little more right than the officer in this case. Ticket dismissed."
I was so happy, I just about jumped up there and kissed her.
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It was waaaaaaaaaaay over Neg 2, more like Neg 1 and RE.
Lil' bastards live right in Cottage Lake Park and are still using the road to jet out onto 165th
Case dismissed.
Everyone has a weakness for a girl in a red dress.
Last edited by rookiels1; Aug 14, 2006 at 01:29 PM.





