Reckless Driving

Reckless driving in Washington is a serious criminal charge—not a simple traffic ticket. If convicted, you face jail time, heavy fines, license suspension, and a permanent criminal record. At Schodowski Law, we’ve successfully defended clients against reckless driving charges throughout Jefferson County and the Olympic Peninsula. Don’t face these charges alone.

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Introduction

A reckless driving charge in Washington State is far more serious than most people realize. Unlike a speeding ticket or other traffic infraction, reckless driving is a gross misdemeanor criminal offense that can result in up to 364 days in jail, thousands in fines, and a permanent criminal record that affects employment, insurance rates, and your future.

At Schodowski Law, we understand the stakes. Our Port Townsend criminal defense attorneys have extensive experience defending clients against reckless driving charges. We know how to challenge the evidence, negotiate with prosecutors, and fight for reduced charges or dismissals. Our goal is to keep you out of jail and protect your future.

We work on a contingency fee basis for many cases, but criminal defense typically requires a flat fee or hourly rate. Contact us for a free consultation to discuss your specific situation.

What Is Reckless Driving in Washington?

Under Washington law (RCW 46.61.500), reckless driving is defined as:

“Driving any vehicle in willful or wanton disregard for the safety of persons or property.”

This is a criminal offense, not a traffic infraction. The key elements are:

• Willful or wanton disregard – Not just carelessness, but a conscious disregard for safety
• For safety of persons or property – Creating danger to others or their property
• Actual driving – You must have been operating the vehicle

Unlike a speeding ticket, which is a civil infraction, reckless driving goes on your criminal record and can have lasting consequences on your life.

Reckless Driving vs. Speeding Ticket: What’s the Difference?

Many people don’t understand the critical difference between a traffic infraction and a criminal charge:

The Bottom Line: A speeding ticket is an inconvenience. Reckless driving is a crime that can derail your life.

Reckless Driving vs. Negligent Driving

Washington also has a charge called “Negligent Driving” which comes in two degrees:

Negligent Driving 1st Degree (Criminal)

• Operating a vehicle in a negligent manner that endangers or is likely to endanger persons or property
• Also exhibiting the effects of alcohol/drugs
• Gross misdemeanor (criminal)

Negligent Driving 2nd Degree (Civil)

• Operating in a negligent manner that endangers persons or property
• Without alcohol/drugs
• Traffic infraction (not criminal)

Reckless Driving is more serious than both because it requires “willful or wanton disregard” rather than just negligence.

Why This Matters: If you’re charged with reckless driving, we can often negotiate with prosecutors to reduce the charge to negligent driving 2nd degree, which is only a traffic infraction—not a crime.

When Is Reckless Driving Charged?

Police and prosecutors typically charge reckless driving in these situations:

Excessive Speed (30+ MPH Over Limit)

• Speed alone doesn’t automatically mean reckless driving, but 30+ over the limit often triggers the charge
• 100+ MPH on any road almost always results in reckless driving charges
• School zones and residential areas with high speeds

Aggressive Driving Behaviors

• Weaving through traffic dangerously
• Tailgating at high speeds
• Passing in no-passing zones
• Running red lights or stop signs at high speed
• Cutting off other vehicles

Street Racing

• Racing on public roads
• Exhibition of speed
• Even if not racing, driving in a manner that appears like racing

Eluding Police

• Attempting to flee from law enforcement
• Often charged together with reckless driving
• Significantly increases penalties

Dangerous Road Conditions

• High-speed driving in rain, fog, snow, or ice
• Failure to adjust speed for dangerous conditions
• Olympic Peninsula weather creates these situations frequently

Driving on Sidewalks or Non-Roadways

• Driving on sidewalks, bike paths, or parks
• Off-road driving that endangers people

Near-Miss Accidents

• Almost hitting pedestrians
• Narrowly avoiding collisions
• Driving that “endangered persons or property” even without actual contact

Penalties for Reckless Driving in Washington

Reckless driving is a gross misdemeanor under Washington law, carrying serious penalties:

Criminal Penalties

Jail Time

• Up to 364 days in jail (maximum gross misdemeanor sentence)
• First offense: Typically no jail time if negotiated properly, but possible
• Repeat offenses: Jail time becomes more likely
• Aggravating factors (injury, property damage, eluding): Jail time more common

Fines

• Up to $5,000 in fines
• Court costs and fees additional
• Typical first offense: $500-$1,500 in total costs

Probation

• Often 12-24 months of probation
• Conditions may include:
  • No new criminal offenses
  • Defensive driving course
  • Community service
  • Alcohol/drug evaluation if substances involved
  • Regular check-ins with probation officer

License Consequences

License Suspension

• Mandatory suspension possible (30 days to 1 year)
• Department of Licensing (DOL) may also suspend license administratively
• SR-22 insurance filing may be required

Points on License

• Reckless driving doesn’t use the standard point system because it’s a criminal charge
• However, it will appear on your driving record permanently

Long-Term Consequences

Criminal Record

• Permanent criminal record (gross misdemeanor)
• Appears on background checks
• Can affect employment, especially jobs requiring driving
• Can impact professional licenses
• May affect immigration status for non-citizens

Insurance

• Rates may increase 50-100% or more
• Some insurance companies will drop you entirely
• SR-22 filing may be required (proof of financial responsibility)
• High-risk insurance rates for 3-5 years

Employment Impact

• Commercial driver’s license (CDL) holders can lose their license
• Jobs requiring clean driving records may be unavailable
• Background checks will show criminal conviction
• Professional licenses may be affected (medical, legal, teaching)

Future Violations

• Second reckless driving conviction within 5 years can result in mandatory jail time
• Future traffic violations treated more seriously

Defenses to Reckless Driving Charges

An experienced criminal defense attorney can challenge reckless driving charges in multiple ways:

1. Challenge “Willful or Wanton Disregard”

The prosecution must prove you acted with “willful or wanton disregard for safety”—not just carelessness or poor judgment.

Defense strategies:

• You made a mistake but didn’t consciously disregard safety
• You were responding to an emergency
• Road conditions or vehicle malfunction contributed
• You took reasonable precautions given the circumstances

Example: Swerving to avoid a deer and briefly crossing the centerline isn’t necessarily willful disregard—it’s an emergency response.

2. Insufficient Evidence

The prosecutor must prove every element beyond a reasonable doubt.

We challenge:

• Officer’s observations and training
• Radar/LIDAR accuracy and calibration
• Dash cam or witness credibility
• Whether your driving actually endangered anyone
• Road conditions and visibility

3. Negotiate to Lesser Charges

Often the best outcome is negotiating with the prosecutor to reduce the charge:

Possible reductions:

• Negligent Driving 2nd Degree – Traffic infraction, not a crime (our preferred outcome)
• Speeding – Civil infraction with a fine
• Negligent Driving 1st Degree – Still criminal but less serious than reckless
• Deferred Prosecution – Complete program, charge dismissed (if eligible)

Why prosecutors reduce charges:

• Weak evidence
• First offense with clean record
• No accident or injury occurred
• Defendant completing defensive driving course
• Court congestion and cost of trial

4. Constitutional Violations

If police violated your constitutional rights, evidence may be suppressed:

• Illegal stop without reasonable suspicion
• Unlawful search of vehicle
• Coerced statements without Miranda warnings
• Prolonged detention without justification

5. Emergency or Necessity Defense

You may have a valid defense if you drove recklessly due to:

• Medical emergency (yours or a passenger’s)
• Fleeing from danger or threat
• Responding to urgent situation (childbirth, etc.)
• Avoiding greater harm

Requirements: The emergency must be real, immediate, and you must have acted reasonably under the circumstances.

6. Mistaken Identity

If you weren’t actually driving:

• Someone else was driving your vehicle
• Officer identified wrong vehicle
• Misidentification due to similar vehicles

Why You Need a Reckless Driving Attorney

This Is a Criminal Charge – Not a Traffic Ticket

Many people make the mistake of treating reckless driving like a speeding ticket. They show up to court alone, plead guilty, and only then realize the life-changing consequences of a criminal conviction.

You need an attorney because:

1. Protect Your Criminal Record

• A conviction is permanent
• It follows you forever
• Background checks will show it
• We can often get charges reduced to a non-criminal infraction

2. Avoid Jail Time

• Prosecutors sometimes request jail time, especially for repeat offenses or aggravating factors
• An attorney can negotiate alternatives: community service, probation, defensive driving courses

3. Keep Your License

• License suspension affects your ability to work and live normally
• We fight to keep your driving privileges or get restricted licenses for work/school

4. Reduce Insurance Impact

• A criminal conviction can double or triple your insurance rates
• Reduced charges have less impact on insurance
• We help minimize the financial damage

5. Challenge the Evidence

• Police reports aren’t always accurate
• Radar and LIDAR can be wrong
• We know how to challenge the state’s evidence

6. Navigate the Criminal Justice System

• Court procedures are complex
• Prosecutors won’t negotiate with you directly without an attorney
• We know the local courts, judges, and prosecutors

7. Explore All Options

• Deferred prosecution
• Pretrial diversion
• Reduced charges
• Dismissal
• Not guilty verdict

You have too much to lose to face this alone.

The Reckless Driving Defense Process

Here’s what to expect when you hire Schodowski Law:

1. Free Consultation

We’ll review your case, examine the evidence, and explain your options. We’ll be honest about the strengths and weaknesses of your case.

What to bring:

• Citation or charging documents
• Any photos or videos of the incident
• Names of witnesses
• Your driving record

2. Case Investigation

We’ll thoroughly investigate your case:

• Obtain police reports and dash cam footage
• Review radar/LIDAR calibration records
• Interview witnesses
• Visit the scene if necessary
• Examine your vehicle if relevant
• Review your driving history

3. Pretrial Negotiations

We’ll meet with prosecutors to negotiate:

• Reducing charges to negligent driving 2nd degree (our goal)
• Dismissal if evidence is weak
• Alternative sentencing (if conviction unavoidable)
• Deferred prosecution programs (if eligible)

Most cases resolve at this stage with reduced charges or alternative outcomes.

4. Court Hearings

We’ll represent you at all court appearances:

• Arraignment (initial appearance, enter plea)
• Pretrial conferences (negotiate with prosecutor)
• Motions hearings (challenge evidence)
• Trial (if necessary)

You don’t go to court alone. We’re with you every step.

5. Trial (If Necessary)

If we can’t negotiate a favorable resolution, we’re prepared to take your case to trial:

• Challenge the state’s evidence
• Cross-examine police officers
• Present defense witnesses
• Argue legal defenses
• Fight for a not guilty verdict

Most reckless driving cases don’t go to trial because we negotiate favorable outcomes before trial.

6. Sentencing or Resolution

If you’re convicted or plead to a reduced charge:

• We argue for minimal penalties
• We request alternatives to jail (community service, probation)
• We help you comply with all requirements
• We explore options for sealing or expunging records (when eligible)

Our goal is always the best possible outcome: dismissal, reduced charges, or minimal penalties if conviction is unavoidable.

Reckless Driving and CDL Holders

If you hold a Commercial Driver’s License (CDL), a reckless driving conviction is devastating:

Federal Law Consequences (FMCSA Regulations):

• Reckless driving is a serious traffic violation under federal law
• First conviction: No CDL disqualification, but it goes on your record
• Second serious violation within 3 years: 60-day CDL disqualification
• Third serious violation within 3 years: 120-day CDL disqualification

Employment Impact:

• Most trucking companies will not hire drivers with recent reckless driving convictions
• Current employers may terminate you
• Insurance costs for employers increase dramatically

Why CDL Holders Need Immediate Legal Help:

• You have more to lose than non-commercial drivers
• Reduced charges (like speeding) may not count as “serious violations”
• Your livelihood depends on keeping your CDL
• We prioritize defense strategies that protect your commercial license

Don’t plead guilty without talking to an attorney first. What you think is a simple plea deal could end your trucking career.

Frequently Asked Questions

Is reckless driving a felony in Washington?

No, reckless driving is a gross misdemeanor, not a felony. However, it is still a criminal charge that results in a criminal record. The maximum penalty is 364 days in jail and $5,000 in fines. While less serious than a felony, a gross misdemeanor is much more serious than a traffic infraction and has significant consequences.

Can I get a reckless driving charge reduced?

Yes, in many cases we can negotiate with prosecutors to reduce reckless driving to:

• Negligent Driving 2nd Degree (our preferred outcome—just a traffic infraction, not criminal)
• Speeding (civil infraction)
• Negligent Driving 1st Degree (still criminal but less serious)

The likelihood of reduction depends on factors like your driving record, whether anyone was injured, the specific facts of your case, and the strength of the evidence against you.

What happens at my first court appearance?

Your first appearance is called an arraignment. The judge will:

• Read the charges against you
• Ask if you understand your rights
• Ask how you plead (guilty, not guilty, or no contest)

Important: Do NOT plead guilty at arraignment without talking to an attorney first. Once you plead guilty, you cannot take it back. Always plead “not guilty” at arraignment to preserve your options. You can always change your plea later after consulting with an attorney.

Can I just pay a fine for reckless driving?

No. Reckless driving is a criminal charge, not a simple traffic ticket. You cannot just “pay it off.” You must appear in court, and if convicted, you will have a permanent criminal record. This is why you need an attorney—to fight the charges or negotiate a reduced charge that doesn’t result in a criminal conviction.

Will I go to jail for a first-time reckless driving charge?

For a first offense with no aggravating factors (injury, property damage, eluding police), jail time is unlikely if you have an attorney who negotiates properly. Most first-time offenders receive probation, fines, community service, and possibly defensive driving courses. However, jail time is always possible—up to 364 days—which is why you need experienced legal representation.

How much does a reckless driving attorney cost?

Legal fees vary based on case complexity. Typical costs range from $1,500-$5,000 for a reckless driving defense. This may seem expensive, but consider the alternative costs of a conviction:

• Criminal record (priceless to avoid)
• License suspension (loss of ability to work)
• Insurance increases ($1,000-$3,000+ per year for 3-5 years)
• Potential jail time
• Employment consequences

The investment in proper legal defense almost always pays for itself by avoiding these consequences. We offer free consultations to discuss fees for your specific case.

Can I represent myself?

You have the right to represent yourself, but it’s almost never a good idea. Reckless driving is a criminal charge, not a traffic ticket. Prosecutors will not negotiate with you the same way they negotiate with attorneys. You likely don’t know:

• How to challenge evidence
• What defenses apply
• How to negotiate with prosecutors
• What alternatives exist to conviction
• How to protect your rights

Most people who represent themselves end up with convictions that could have been reduced or dismissed with proper representation.

What if I was going over 100 MPH?

Speeds over 100 MPH almost always result in reckless driving charges. However, speed alone doesn’t automatically prove reckless driving—the prosecutor must still prove “willful or wanton disregard for safety.” We can challenge:

• Radar accuracy and calibration
• Whether conditions made your speed actually dangerous
• Whether other factors contributed
• Whether you were conscious of your speed (speedometer malfunction, downhill, etc.)

Even with very high speeds, we’ve successfully negotiated reduced charges for clients. Don’t assume your case is hopeless.

Will this affect my security clearance?

Possibly. Reckless driving is a criminal offense that must be disclosed on security clearance applications and renewals. While a single reckless driving conviction may not automatically disqualify you, it can complicate the clearance process. Far better to fight the charge or get it reduced to a non-criminal traffic infraction.

Can I get the charge expunged later?

Washington allows vacation of convictions (similar to expungement) for gross misdemeanors after a waiting period (3 years after completing your sentence) if you meet certain requirements. However, it’s far better to avoid the conviction in the first place through proper defense and negotiation. We can explain your options during your consultation.

What if there was an accident involved?

If your reckless driving resulted in an accident, especially with injuries or significant property damage, the case becomes more serious. Prosecutors are less likely to reduce charges, and penalties will be stiffer. You may also face civil liability from injured parties. This makes it even more critical to have experienced legal representation immediately.

Do I need an attorney if no one was hurt?

Yes. Even if no one was injured, you’re still facing a criminal charge with a permanent criminal record, possible jail time, license suspension, and insurance consequences. The lack of injury actually works in your favor for negotiating reduced charges—but you need an attorney to make those negotiations happen.

Reckless Driving on the Olympic Peninsula

Our rural location creates unique circumstances for reckless driving charges:

Highway 20 and Rural Roads

• Long stretches of two-lane highways
• Limited passing opportunities
• Tourist drivers unfamiliar with roads
• High speeds in rural areas

Weather Conditions

• Rain, fog, and ice common on Olympic Peninsula
• Poor visibility near coast
• Seasonal weather changes
• Drivers not adjusting speed for conditions

Tourist Traffic

• Unfamiliar drivers creating hazards
• Recreational vehicles and large trailers
• Summer traffic congestion
• Frustration leading to aggressive passing

Law Enforcement Focus

• State patrol presence on Highway 20
• Speed enforcement in tourist areas
• Focus on aggressive driving during summer months

Local Court Experience

• We practice regularly in Jefferson County courts
• We know local prosecutors and judges
• We understand how Jefferson County handles these cases
• We have relationships that help with negotiations

Why Choose Schodowski Law?

Local Criminal Defense Experience

We’re based in Port Townsend and regularly practice in Jefferson County courts. We know the local prosecutors, understand how judges handle these cases, and have a track record of successful outcomes for our clients.

We Understand the Stakes

We know that a criminal conviction can derail your life. We fight aggressively to get charges reduced or dismissed, keep you out of jail, and protect your future.

Personalized Defense Strategy

Every case is different. We don’t use cookie-cutter defenses. We thoroughly investigate your specific case and develop a defense strategy tailored to your circumstances.

Transparent Communication

We’ll be honest about your case. If you have a strong defense, we’ll tell you. If negotiating a plea deal is your best option, we’ll tell you that too. You’ll always know where you stand.

Proven Results

We’ve successfully defended numerous clients against reckless driving charges, securing:

• Reduced charges to non-criminal infractions
• Dismissals based on weak evidence
• Deferred prosecutions
• Minimal penalties when conviction was unavoidable

Serving the Olympic Peninsula

We proudly serve clients throughout:

• Port Townsend
• Port Angeles
• Sequim
• Jefferson County
• Clallam County
• All of the Olympic Peninsula

What to Do If You’re Charged with Reckless Driving

1. Don’t Panic – But Act Quickly

You have time to build a defense, but don’t wait until the last minute. Evidence gets lost, witnesses forget, and your options narrow as your court date approaches.

2. Don’t Talk to Police Without an Attorney

You have the right to remain silent. Anything you say can be used against you. Politely decline to answer questions and request an attorney.

3. Don’t Plead Guilty at Arraignment

Always plead “not guilty” at your first court appearance. This preserves your options. You can always change your plea later after consulting with an attorney and exploring your options.

4. Don’t Post About Your Case on Social Media

Prosecutors can and do check social media. Don’t post anything about your case, the incident, or your driving. Even seemingly innocent posts can be used against you.

5. Preserve Evidence

If you have any evidence that helps your case, preserve it:

• Photos of road conditions
• Dashcam footage
• Witness contact information
• Speedometer/vehicle records
• Medical records (if relevant)

6. Contact Schodowski Law Immediately

The sooner we start working on your case, the better your chances of a favorable outcome. Call us for a free consultation: (360) 821-8873

Contact Us for Your Free Consultation

If you’ve been charged with reckless driving, don’t wait. The sooner we start building your defense, the better your chances of avoiding a criminal conviction.

Call now for your free consultation: (360) 821-8873

• No obligation
• Confidential consultation
• Honest case assessment
• Serving Port Townsend, Jefferson County, and the Olympic Peninsula