RCW 46.61.5249 NEGLIGENT DRIVING -- FIRST DEGREE

Negligent driving can be charged if a person operates a motor vehicle in a manner that is both negligent and endangers any person or property and exhibits the effects of having consumed alcohol or illegal drugs.

Negligent driving in the first degree is considered a misdemeanor.

Negligent

means the person failed to exercise ordinary care or the care a reasonably careful person would exhibit under the same or similar circumstances.

Exhibiting effects of having consumed liquor

means that a person's breath has the odor of alcohol or their speech, manner, appearance or behavior exhibits that they have consumed alcohol. This can also include possession of alcohol or being close to a container that has alcohol in it or recently had alcohol in it.

Exhibiting effects of having consumed an illegal drug

means a person's speech, manner, appearance, behavior, lack of coordination exhibits that they consumed an illegal drug and they are they are in possession of the illegal drug or shown evidence of having recently consumed an illegal drug.

Illegal drug

A controlled substance for which the driver does not have a valid prescription or the person has not consumed the prescription according to its directions and warnings.

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