Legal Question in Criminal Law in Washington

Re: DUI turned reckless driving

The statute that sets out the penalties for reckless driving is:

RCW 46.61.500

Reckless driving -- Penalty.

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

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This means that the maximum jail time and fine is one year, $5,000.00. However, most people end up with no jail time or only a day or two for reckless. The fines can end up being steep, but in your plea negotiations, the prosecutor should tell you up front what jail time (if any) and fine they are recommending. While the judge does not have to follow the recommendation of the prosecutor, and can sentence you up to the maximum, most of the time judges will stick to the prosecutor's recommendation-- unless you make the judge angry.

The important thing to know about reckless driving is that the court is REQUIRED to suspend your drivers' licence for thirty days- no exceptions. You may be able to get a limited work license.

The Department of Licensing has a completely separate process for deciding whether to suspend your license. The timelines for requesting a hearing or appeal are firm and final. You need to make sure that you read everything you get from DOL very carefully to make sure you know what is going on.

Finally, I would advise you to consult with an attorney (if you haven't already) before accepting a plea. Reckless can be a good way to resolve a case, but you do need to be aware of the license suspension and possible hikes in insurance rates. Best of luck!

Michelle Farris