Washington Negligent Driving Penalties & Record Clearing Eligibility

Negligent driving in Washington carries significant penalties including jail time, fines, and license consequences. However, both degrees are eligible for record clearing after 3 years under RCW 9.96.060.

Understanding the penalties and record clearing eligibility for negligent driving in Washington State is essential for anyone facing these charges. The consequences can impact your freedom, finances, and future opportunities.

Penalty Overview
First Degree Penalties
Second Degree Penalties
License Consequences
Record Clearing Eligibility
Record Clearing Process
Frequently Asked Questions

Penalty Overview

Statutory Maximum Penalties

First Degree Negligent Driving (RCW 46.61.5249):

Classification: Misdemeanor
Maximum jail: 90 days
Maximum fine: $1,000
Probation: Up to 2 years

Second Degree Negligent Driving (RCW 46.61.525):

Classification: Traffic Infraction
Maximum jail: None
Maximum fine: $250
Probation: Not applicable

Actual vs. Maximum Penalties

While statutes establish maximum penalties, actual sentences are typically much lower:

First-time offenders:

Often receive probation instead of jail
Fines typically $200-$1,500
Community service may be required
Alcohol evaluation may be ordered

Repeat offenders:

May face 7-30 days in jail
Fines typically $500-$3,000
Longer probation periods
Additional treatment requirements

First Degree Penalties

Jail Time

Maximum: 90 days in jail

Typical Sentences:

First offense: Probation to 7 days
Second offense: 1-30 days
Third offense: 7-60 days
With aggravating factors: 30-90 days

Factors Affecting Jail Time:

Prior criminal history
Presence of aggravating factors
Cooperation with authorities
Completion of treatment programs
Strong community ties

Fines and Costs

Maximum fine: $1,000

Typical fines:

First offense: $200-$500
Second offense: $300-$700
Third offense: $500-$1,000
With aggravating factors: $700-$1,000

Additional costs:

Court costs: $200-$500
Probation fees: $50-$100/month
Alcohol evaluation: $100-$300
Treatment programs: $500-$2,000
License reinstatement: $75-$150

Probation Requirements

Standard conditions:

No new criminal violations
Regular reporting to probation officer
Payment of all fines and fees
Completion of court-ordered programs
Random drug/alcohol testing (if ordered)

Special conditions:

Alcohol evaluation and treatment
Community service hours
Victim impact panel attendance
License restrictions
Restitution payments

Second Degree Penalties

Fine Information

Base Fine: $250 (RCW 46.61.525)

Additional Costs:

Court fees: $200-$300
Total cost: $450-$550

Important Notes

No jail time: Traffic infractions do not carry jail penalties
No criminal record: This offense does not create a criminal history
Driving record: Appears on driving record for 3 years
Payment deadline: Must be paid within 15 days to avoid additional penalties

License Consequences

License Suspension

First Degree:

Typical suspension: 30-90 days
With aggravating factors: 90-180 days
Repeat offenses: 180-365 days
With alcohol involvement: 90-365 days

Second Degree:

Typical suspension: 30-60 days
With aggravating factors: 60-90 days
Repeat offenses: 90-180 days
With alcohol involvement: 60-180 days

License Reinstatement

Requirements:

Complete suspension period
Pay all fines and fees
Complete required programs
Pass written and driving tests
Pay reinstatement fees
Provide proof of insurance

Costs:

Reinstatement fee: $75-$150
License fee: $25-$50
Insurance verification: $25-$50
Testing fees: $25-$50
Total: $150-$300

Insurance Impact

Rate increases:

First offense: 20-50% increase
Second offense: 50-100% increase
Third offense: 100-200% increase
High-risk period: 3-5 years

Insurance requirements:

SR-22 filing may be required
High-risk insurance may be necessary
Increased deductibles
Limited coverage options

Record Clearing Eligibility

Under RCW 9.96.060, both degrees of negligent driving are eligible for record clearing (vacation) after meeting specific requirements. Use our Washington Negligent Driving Sentencing Calculator to check your specific record clearing eligibility.

Eligibility Requirements

Waiting period: 3 years from sentence completion under RCW 9.96.060

No new offenses: No arrests or convictions during waiting period

Fines paid: All fines, fees, and restitution must be paid

No pending cases: No pending criminal charges

Good behavior: No violations of probation or parole

Eligibility Factors

Favorable factors:

No new criminal activity
Completion of all court requirements
Strong community ties
Employment and family responsibilities
Completion of treatment programs

Unfavorable factors:

New arrests or convictions
Unpaid fines or fees
Pending criminal charges
Probation violations
Failure to complete programs

Record Clearing Process

Step 1: Eligibility Check

Verify requirements:

Confirm 3-year waiting period has passed
Check for new arrests or convictions
Verify all fines and fees are paid
Confirm no pending charges
Review probation compliance

Step 2: File Petition

Required documents:

Vacation petition form
Proof of sentence completion
Proof of fine payment
Criminal history report
Character references (optional)

Filing requirements:

File in court where convicted
Pay filing fee ($200-300)
Serve notice on prosecutor
Set hearing date

Step 3: Court Review

Judge evaluation:

Review petition and supporting documents
Check criminal history
Verify eligibility requirements
Consider victim input (if applicable)
Make decision on petition

Step 4: Hearing

If hearing required:

Present evidence of eligibility
Address any concerns
Answer judge's questions
Present character witnesses
Receive court decision

Step 5: Order and Clearing

If granted:

Court issues vacation order
Criminal justice agencies notified
Records updated and sealed
Confirmation of clearing
New background check results

Frequently Asked Questions

Can I clear a negligent driving conviction in Washington?

Yes, after 3 years from sentence completion with no new offenses, you may petition to vacate the conviction under RCW 9.96.060.

Do negligent driving convictions stay on your record?

Yes, until vacated by a court. They may affect employment and insurance unless cleared.

How much does record clearing cost?

The total cost is typically $200-300, including filing fees, criminal history reports, and other required documents.

What happens if I get a new arrest during the waiting period?

A new arrest or conviction during the waiting period will restart the 3-year period from the date of the new offense.

Can I clear my record if I have unpaid fines?

No, all fines, fees, and restitution must be paid before you can petition for record clearing.

Conclusion

Negligent driving convictions in Washington State carry significant penalties including jail time, fines, and license consequences. However, both degrees are eligible for record clearing after 3 years under RCW 9.96.060, provided you meet all eligibility requirements.

If you're facing negligent driving charges, consult with an experienced Washington criminal defense attorney who can help you understand your options, negotiate the best possible outcome, and guide you through the record clearing process.

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Consult with a qualified Washington criminal defense attorney for advice specific to your situation.

Washington Negligent Driving Penalties & Record Clearing Eligibility | RCW 9.96.060 Guide

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