Negligent Driving in the first degree is a misdemeanor under Washington laws and is subject to a maximum punishment of 90 days in jail and $1,000 in fines.  Washington law defines Negligent as the  failure to exercise ordinary care,  the doing of some act that a reasonably careful person would not do under the same or similar circumstances, or the failure to do something that a reasonably careful person would do under the same or similar circumstances.

A key elements to this criminal driving offense is  "Exhibiting the effects of having consumed liquor or an illegal drug"  To meet either of these element the prosecuting authority must prove beyond a reasonable doubt that a person has the odor of liquor on his or her breath, or that by speech, manner, appearance, behavior, lack of coordination, or otherwise exhibits that he or she has consumed liquor or illegal drug, and either is in possession of or in close proximity to a container that has or recently had liquor in it or possesses an illegal drug; or alternatively it can be shown by other evidence to have recently consumed liquor.

 "Illegal drug"  is defined under chapter 69.50 of the Revised Code of Washington(RCW) as a drug for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings, or a legend drug under chapter69.41 RCW for which the driver does not have a valid prescription or that is not being consumed in accordance with the prescription directions and warnings.

Should you be charged with Negligent Driving in the First Degree call our firm to consult with us regarding your rights and to discuss the facts of your case and allow us to consult with you in determining what defenses are available to you.

© Law Office of John J. Lutgens, August 12, 2010.

In addition to spouses, people that have children together or are related by blood or marriage, family or household members can include adults currently or formerly living together.  In parent-child relationships natural parents, step-parents, step-children, grandparents, grandchildren are included within the definition. 

When looking at a dating relationship the primary consideration is whether a social and romantic relationship exist between the victim and the defendant. 

Crimes associated with domestic violence include Assault, Harassment, the Interfering with the Reporting of a Domestic Violence crime, Malcious Mischief (causing physical damge to the property of another), and Violation of a No Contact Order.  Domestic Violence crimes can be felony or misdemeanor offenses, typically determined by the extent of injury to persons or property of the victim. 

If convicted of a Domestic Violence crime a person can incur several significant consequences.  Most people are aware of the possible loss of freedom associated with jail time as well as probation and fines.  However, Domestic Violence convictions will also result in loss of firearm privileges, potentially permanent loss of such rights, court ordered treatment participation with a certified Domestic Violence treatment provider at a significant personal expense.  Additionally, one will be subject to a No Contact Order issued by the court regardless if the other party opposes such order.  Such orders can extend to two years impacting families both financially and emotionally.

Disclaimer:  The above information is provided for general information purposes only and is not intended as legal advice.  For legal advice you should review  your circumstances in consultation with an attorney.

Representing clients in the Superior and District Courts of Clark County, Cowlitz County, and Skamania County; in the Circuit Courts of Clackamas County, Columbia County, Marion County, Multnomah County, and Washington County;  and before the Municipal Courts of Battle Ground, Beaverton, Kalama, La Center, Lake Oswego, Ridgefield, Stevenson, Washougal, Woodland and Vancouver.

© Law Office of John J. Lutgens, April 21, 2009

The ignition interlock equipment will prevent your vehicle from starting if the equipment detects any  alcohol on your breath.  Additionally the equipment will require testing samples while the vehicle is being driven.

Am I Eligibile for an Ignition Interlock License?

To obtain an Ignition Interlock License a person's driving record must reflect that

They have been arrested or convicted for DUI or Physical Control; and

They possess a valid driver's license; and

Have not previously been convicted for Vehicular Assault or Vehicular Homicide within 7 years immediately before their arrest or suspension for DUI or Physical Control; and

The current suspension for which the IIL is sought is not for Minor In Possession, Reckless Driving charge that was reduced from DUI, Vehicular Homicide or Assault, or a Habitual Traffic Offender.

 Do I have to install the ignition interlock equipment on all my cars?

The ignition interlock equipment must be installed on all vehicles which you will be driving.  This includes any employer provided vehicle that will be driven by you.  However, if you operate a commercial motor vehicle you cannot drive it while you have an Ignition Interlock License.

The requirement to have an ignition interlock device installed on an employer's vehicle can be waived.  To accomplish this your employer must provide to the Dept. of Licensing an Employer Declaration for Ignition Interlock Waiver.  This Waiver must be forwarded to the Dept. of Licensing prior to driving your employer's vehicle and you must maintain a copy with you whenever you drive an employer's vehicle not equipped with an ignition interlock. 

How long will I be required to have an Ignition Interlock Device?

You are required to keep an ignition interlock device on your vehilces for as long as the period your your suspension or revocation.  On a first conviction for DUI the time period is 1 year.  On a second conviction the device must be maintained for 5 years.  On a third or subsequent conviction the device must be maintained for 10 years. 

What other requirements are there to obtaining an Ignition Interlock License?

In addition to the non-refundable application fee of $100.00, you must provide proof of financial responsibility which is typically satisfied by a Certificate of Insurance (SR-22).  Most insurance agents can assist you in obtaining this certificate.

Disclaimer:  The above information is provided for general information purposes only and is not intended as legal advice.  For legal advice you should review  your circumstances in consultation with an attorney.

Representing clients in the Superior and District Courts of Clark County, Cowlitz County, and Skamania County; in the Circuit Courts of Clackamas County, Columbia County, Marion County, Multnomah County, and Washington County;  and before the Municipal Courts of Battle Ground, Beaverton, Kalama, La Center, Lake Oswego, Ridgefield, Stevenson, Washougal, Woodland and Vancouver.

© Law Office of John J. Lutgens, April 16, 2009

What is a Chapter 7 bankruptcy?

Chapter 7 bankruptcy, is considered a liquidation of your assets.  Frequently referred to as a "Fresh Start Bankruptcy" this filing is where an individual is relieved of his or her "dischargeable debts".  A trustee appointed by the Court will review an individual or couple’s assets and debts and determine what assets may be kept by you and what debts can be discharged. For the vast majority of individuals who simply want to eliminate their heavy debt burden without paying any of it back, Chapter 7 provides the most attractive choice.

 What is a Chapter 13 bankruptcy?

Under a chapter 13 bankruptcy, a debtor proposes a 3-5 year repayment plan to the creditors offering to pay off all or part of the debts from the debtor's future income. You can use Chapter 13 to prevent a house foreclosure; make up missed car or mortgage payments; pay back taxes; stop interest from accruing on your tax debt (local, Washington state, or federal); keep valuable non-exempt property. To file Chapter 13 bankruptcy you must have a "regular source of income" and have some disposable income to apply towards your Chapter 13 payment plan.

Chapter 13 bankruptcy is generally used by debtors who want to keep secured assets, such as a home or car, when they have more equity in the secured assets than they can protect with their Washington bankruptcy exemptions. Chapter 13 bankruptcy is defined as a reorganization as compared to a Chapter 7 bankruptcy referred to as a liquidation.

 Whether a Chapter 7 or Chapter 13 filing is the right choice for you, we will review your financial situation and advise you as to what your choices are.  To find out more information as to which alternative is best for you call us at 360.693.2119 or send us an e-mail.

Protection of your rights commences at the moment of contact with law enforcement.  Generally being interviewed by police or prosecuting attorneys should not be done without the protection of a lawyer advising you during such questioning.  Both the United State's Constitution and the Washington State Constitution protect your right to have the assistance of an attorney, but you must request an attorney for such right to be afforded to you. 

Having represented clients charged with Assault Crimes, Sex Offenses, Drug Possesson and Distribution crimes, Domestic Violence, Driving Under the Influence, Driving While Suspended, and Property Crimes, he can apply his knowledge and experience in protecting your rights when facing criminal charges. 

Contact John Lutgens to discuss your case during a free telephone consultation, 360.693.2119.

Since 1992 I have been protecting my clients charged with impaired driving in courtrooms throughout Southwest Washington and the Portland metropolitan area. I have represented clients in the District Courts of Clark, Cowlitz and Skamania Counties; the Circuit Courts of Multnomah, Columbia, Washington and Clackamas Counties; the Municipal Courts of Battle Ground, Camas, Kalama, La Center, Lake Oswego, Ridgefield, Stevenson, Washougal and Woodland.

If you have been charged with DUI /DWS it is important for you to discuss your case with an attorney experienced in DUI/DWS charges. My firm can provide you with the experience of having represented clients in DUI/DWS charges over the past 15 years, assuring you of protecting your rights and achieving the best results possible in your case.

Give us a call today at (360) 693-2119. You can also email us.

Representing clients in the Superior and District Courts of Clark County, Cowlitz County, and Skamania County; in the Circuit Courts of Clackamas County, Columbia County, Marion County, Multnomah County, and Washington County;  and before the Municipal Courts of Battle Ground, Beaverton, Kalama, La Center, Lake Oswego, Ridgefield, Stevenson, Washougal, Woodland and Vancouver.