NEGLIGENT DRIVING 1ST

Negligent Driving 1st is most commonly used as a way of negotiating away a DUI rather than being charged out as an independent crime by itself.  The reason is simple, it is less serious than a DUI but much harder to prove.

RCW 46.61.5249 lays out the elements for Negligent driving--First degree:

(1)(a) A person is guilty of negligent driving in the first degree if 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, and exhibits the effects of having consumed liquor or an illegal drug.

(b) It is an affirmative defense to negligent driving in the first degree by means of exhibiting the effects of having consumed an illegal drug that must be proved by the defendant by a preponderance of the evidence, that the driver has a valid prescription for the drug consumed, and has been consuming it according to the prescription directions and warnings.

If you find yourself accused of a Neg 1, talk to an attorney right away.  These types of cases are often difficult for the Prosecution to prove, so you do not want to enter a guilty plea - even if you think you may have done something wrong.