Reckless Driving Definition
Washington State law defines Reckless Driving (RCW 46.61.500) as “driving any vehicle in willful or wanton disregard for the safety of persons or property.” There are Washington Court decisions to support that Reckless Driving should not be based only on excessive speed.
Reckless Driving vs Speeding Ticket
It is not uncommon for law enforcement to issue a criminal citation or make an arrest for Reckless Driving, when a speeding ticket or other non-criminal infraction could have been issued. Since speeding alone should not be considered Reckless Driving in WA State, the arrest report will normally document erratic driving maneuvers.
Reckless Driving Penalties
Reckless Driving is a criminal traffic offense and gross misdemeanor. If convicted, there is a maximum sentence of 364 days in jail and a fine to not exceed $5000. There is not a mandatory minimum jail sentence.
A conviction will also result in a driver’s license suspension for 30 days through the WA State Department of Licensing. Additionally, SR-22 insurance may be required for 3 years.
Common Questions
Can I go to jail for Reckless Driving?
Reckless Driving has a possible jail sentence of 364 days, depending on the facts of the case, your criminal history, your driving record, and the quality of your Reckless Driving attorney. However, it is not common for maximum jail sentences to be enforced for this charge.
What is going to happen to my license?
After the Washington State Department of Licensing receives notice that you have been convicted of Reckless Driving, you will receive a letter that your driver’s license will be suspended for 30 days. This process normally takes about 45 days, so your license will not be suspended immediately after the conviction.
What if I need to drive for my job or to get to school?
You can apply for an Occupational/Restricted License through the Department of Licensing. The Occupational/Restricted License can be used to drive to and from work, school, court-ordered community service, continuing healthcare, substance abuse treatment/AA meetings, or continuing care of a dependent.
Who is eligible for the Occupational/Restricted License?
You are eligible to apply for the Occupational/Restricted License if you have a Washington State driver’s license or are stationed in WA State on active military duty.
What if I drive a commercial vehicle?
If you have a Commercial Driver’s License (CDL), you are not eligible to get an Occupational/Restricted License to drive a commercial vehicle. However, you are eligible to apply for the license to drive a non-commercial vehicle.
How do I apply for the Occupational/Restricted License?
Complete a Restricted Driver License Application through the Washington Department of Licensing and obtain proof of financial responsibility (i.e., SR-22 insurance). Submit your application, proof of SR-22 insurance, and the fee ($100 at the time of this article) to the WA Department of Licensing. Once you qualify, the license will be sent to you.
Once the suspension is over, how do I get my license back?
To reinstate your driver’s license, you must file proof of financial responsibility (SR-22 insurance) with the Department of Licensing for 3 years and pay a re-issuance fee.
Do I need to hire a Reckless Driving lawyer?
If you have been charged with Reckless Driving, it is in your best interest to hire an attorney who is experienced with criminal traffic offenses. Quality representation can minimize or eliminate the criminal and licensing consequences.
At Beckwith DUI Law, we fight all criminal traffic offenses, including Reckless Driving, DUI, and Negligent Driving.
We have offices in Seattle and Tacoma and our experience extends to all courtrooms in King, Pierce, Snohomish, Thurston, & Kitsap County, Washington.
Call us today for a free consultation.