Distracted driving is a deadly epidemic on our roads. Cell phone use — specifically, texting, talking, and social media use — has become the most common distraction. Other risky actions include adjusting the radio or GPS, applying makeup, eating and drinking. By driving distracted, you’re robbing yourself of seconds that you may need to avoid a close call or deadly crash.

According to the National Highway Traffic Safety Administration (NHTSA), distracted driving killed 3,275 people in 2023. from April 10 through 14, you may see increased law enforcement on the roadways. This is part of the national paid media campaign Put the Phone Away or Pay. This campaign reminds drivers of the deadly dangers and the legal consequences – including fines – of texting behind the wheel.

THREE TYPES OF DISTRACTED DRIVING

The AAA-Foundation for Traffic Safety (AAA-FTS) has identified the 3 three types of distracted driving as:

• Visual Distracted Driving – Taking eyes off the road
• Cognitive Distracted Driving – Mental distractions that take the driver’s mind off the task of driving
• Manual Distracted Driving – Taking your hands off the wheel

DISTRACTED DRIVING CAN BE CRIMINALLY CHARGED AS RECKLESS DRIVING

In Washington State, “Dangerously Distracted Driving” is a traffic infraction.  However, this low-level traffic infraction can be elevated to the criminal offense of  Reckless Driving if the circumstances prevail. A person is guilty of Reckless Driving if they exhibit a willful and wanton disregard for the safety of persons or property. Washington law identifies specific actions considered prima facie evidence of Reckless Driving. These include:

1. Embracing another while driving: As per RCW 46.61.665, it is unlawful to operate a motor vehicle while embracing another person, as it prevents the free and unhampered operation of the car.
2. Racing: Under RCW 46.61.530, any person or persons racing any motor vehicle on any public highway of this state is guilty of reckless driving, regardless of whether such speed is in excess of the maximum speed prescribed by law.
3. Excess Speed: Excess speed can serve as prima facie evidence of reckless driving under RCW 46.61.465. However, evidence of excess speed alone is insufficient to uphold a conviction for reckless driving.

Reckless Driving charges can result in very serious consequences for all drivers, especially Commercial Driver’s License (CDL) holders and others who drive for work. Reckless Driving is a gross misdemeanor that can result in the following penalties & consequences:

• Jail time of up to 364 days
• $5,000.00 fine
• Probation
• Mandatory 30-day driver’s license suspension
• SR-22 high risk auto insurance for 36 months
• Ignition Interlock requirement
• Increased auto insurance premiums
• Loss of employment (especially for CDL holders)

Please contact my office if you, a friend or family member are charged with Reckless Driving or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.