Category Archives: Reckless Endangerment

WA Ranks Low In States With Road Rage

Bellingham Defense Attorney, Firearm, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Road Rage, Skagit County Criminal Defense, Studies, Uncategorized, Whatcom County Criminal Defense, , , , ,

A person driving.

A recent study from H&P Law ranks Washington among states with the least amount of road rage. The firm used data from The Trace and the NHTSA’s Fatality Analysis Reporting System to rank states by most common road rage incidents. Washingtonians can consider themselves lucky – the Evergreen State falls in the bottom ten for reported or documented road rage incidents.

THE REPORT

The report ranks all 50 states utilizing analysis of six key factors. Data points used include the number of firearm-related incidents, the percentage of crashes involving aggressive or careless driving, the number of accidents with fatalities, the total number of deaths from crashes involving aggressive or careless driving, the percentage of incidents involving aggressive or careless driving that resulted in a fatality, and speeding violations, at varying weights.

Washington ranks 44 of 50, making it one of the states with the fewest road rage incidents. Rhode Island was ranked the best. The study ranked the least road rage prone states in the bottom ten as: Iowa South Dakota, Wyoming, Washington, Massachusetts, New York, New Hampshire, Virginia, California, Rhode Island.

WHAT MADE WASHINGTON’S SCORE SO LOW?

The Evergreen State has a low rate of firearm-related road rage incidents, at 1.5 per 100,000 residents. Less than 28% of the state’s car crashes involve aggressive or careless driving, according to the study. Washington experiences 2.5 fatal crashes due to aggressive driving per 100,000 residents, and a low number of speeding violations compared to other states.

WHICH STATES HAVE MOST ROAD RAGE?

According to the report, the states with the most road rage are:

  • Louisiana
  • New Mexico
  • Montana
  • Arkansas
  • Colorado
  • North Carolina
  • Delaware
  • Florida
  • Wisconsin
  • Tennessee

At some point in every driver’s life, they’ll inevitably experience road rage. Whether it’s screaming vulgarities, the middle finger, tailgating or aggression, being on the receiving end of road rage is jarring, and potentially dangerous.

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

WA State Patrol Uses Helicopters to Pursue Fleeing Suspects

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Skagit County Criminal Defense, Uncategorized, Washington State Patrol, Whatcom County Criminal Defense, , , , ,

Helicopter closely chases a race car in this insane stunt - Vidéo Dailymotion

Nowadays, the WA State Patrol shall deploy “aviation tactics” to respond to increased incidents of street racing.

“WSP along with other law enforcement agencies has experienced an increase in the number of vehicles fleeing attempted traffic stops yet it is imperative this criminal behavior is addressed in the safest manner possible to hold these individuals accountable.  The WSP is addressing this issue with the invaluable assistance of the Aviation Section.” ~Press Release, WA State Patrol

Apparently, four recent incidents occurred where arrests were made using a helicopter.  The pilot guided ground units to suspect vehicles.

Incident #1 – WSP aircraft observed a vehicle traveling SB SR 167 in Auburn at 97mph and passing on the shoulder.  They followed the vehicle as it exited the freeway and at one point in time seemed to be racing other vehicles.  The vehicle ended up in a drive thru and when it exited troopers were able to arrest the driver.  Numerous charges to include suspicion of DUI!

Incident #2 – This incident is where a vehicle was doing doughnuts in front of a trooper in Kent.  The vehicle fled an attempted traffic stop and was followed by the aircraft.  After the aircraft followed the vehicle all over the South Center area the ground units were led to where the vehicle parked near a warehouse and the driver was taken into custody.

Incident #3 – The aircraft spotted a vehicle NB 167 traveling at 107mph heading to what was believed to be a racer meetup. The vehicle fled an attempted traffic stop by a trooper and was followed by the aircraft where speeds reached 118mph. The vehicle was followed all over the South Center area until it reached a meetup where a number of vehicles were blocking the road.  The vehicle was trapped by the other vehicles and troopers were able to make an arrest!

Incident #4 – A trooper followed several street racers and attempted to stop one for speeding.  The vehicle fled into east Auburn into a residential area and entered a home.  Troopers arrived at the residence and were able to talk the driver and passenger out of the house.  The trooper in the aircraft was able to ID the driver by the hoodie they were wearing and a lanyard hanging out of their pocket.  The driver was subsequently arrested.

STREET RACING IS RECKLESS DRIVING.

Street racing is typically an unsanctioned and illegal form of auto racing that occurs on a public road. Racing in the streets is considered hazardous.  Street racing can either be spontaneous or well planned and coordinated. Well-coordinated races are planned in advance and often have people communicating via two-way radios or citizens’ band radio. Participants use  police scanners and GPS units to mark locations where local police are more prevalent.

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

Washington is the Second-Worst State to Drive

Bellingham Defense Attorney, Driving With Wheels Off Roadway, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Skagit County Criminal Defense, Studies, Traffic Infractions, Whatcom County Criminal Defense, , , , ,

See Where Washington Ranks Among The Worst States To Drive In | Q103.3

Apparently, Washington State is one of the worst states in the U.S. to drive in, according to a new report. Personal finance website WalletHub took a look at all 50 states to determine which are the best – and the worst – to drive in. Unfortunately, Washington State landed second from last on the list.

Traffic, road conditions and the cost of vehicle maintenance are all things that can make drivers nervous. These conditions vary across states for a variety of reasons including population, weather and government investments.

THE RANKING/GRADING CRITERIA.

To rank the states, WalletHub compared them across four key dimensions: 1. Cost of ownership and maintenance, 2. Traffic and infrastructure, 3. Safety and 4. Access to vehicles and maintenance.

Researchers then broke those dimensions down into 31 relevant metrics, including things like average gas prices, the share of rush-hour traffic congestion, number of days with precipitation, road quality, traffic fatality rate, car theft rate and auto-repair shops per capita.

Each metric was graded on a 100-point scale, with a score of 100 representing the best for drivers. WalletHub determined each state’s weighted average across all metrics to calculate its overall score.

THE RESULTS: WA STATE RANKS SECOND-TO-LAST IN WORST STATES TO DRIVE IN.

When the scores were determined, WalletHub’s report shows that Washington ranked 49th overall among 50 states, making it the second-worst state to drive in. The state ranked 47th among all states for its cost of vehicle ownership and maintenance and 39th among states for traffic and infrastructure. Both scores contributed greatly to the state finishing so low on the list.

The only state worse to drive in than Washington, according to the report, is Hawaii.

In the report, WalletHub asked experts how states can reduce the number of traffic fatalities. Dr. Arman Sargolzaei, an assistant professor of mechanical engineering at the University of Southern Florida said the vast majority of U.S. traffic accidents are entirely or partially due to human error.

“A shift in responsibilities from the human driver to self-driving cars can potentially reduce accidents,” ~Dr. Arman Sargolzaei.

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.

New Law Allows Police to Use Street Racing Videos to Track Down Violators

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Skagit County Criminal Defense, Street Racing, Whatcom County Criminal Defense, , , , ,

Street racers are taking over roads with deadly consequences as laws struggle to keep up | KATU

Florida passed a new law allowing street racing videos to be used as evidence to track down violators. Florida House Bill 399, which Governor Ron DeSantis signed earlier this year, went into effect October 1. It bans everything from street takeovers to drag racing to doing donuts on public roads.

Under this law, police don’t have to physically see the incident take place to go after violators. They can simply track down violators based on the license plates, the cars and the people in the video. Violators can be charged with a  misdemeanor and face a possible fine between $500 and $1,000. If charged, they also risk losing their driver’s license up to one year.

There was essentially no opposition to the bill in Florida’s legislature. It passed unanimously.

For now, there is only a patchwork of laws across the country that criminalize the dangerous activity. Because there’s no federal legislation about the issue, individual municipalities are left to come up with their own solutions.

According to Insurify, just in the 10 states they examined, the penalties for street racing range from just a $20 fine to a year of jail time. Insurify also conducted studies which found the following:

  • National averages. Across the United States, 3.48 per 100,000 drivers have a street racing violation on record. Plain old speeding is much more common, as a whopping 9,175 drivers per 100,000 report a speeding ticket on their record — that’s nearly 1 in 10 drivers. The penalty for street racing differs widely by state, ranging from as little as $20 to as much as $2,500 among states with the most street racers. Jail time and temporary license revocation are also possible punishments.
  • Despite the attention, street racing is still rare. Road racing has been on the rise for the past couple of years in America, and its flashy nature tends to draw headlines. Overall, however, street racing is a rare occurrence. For perspective, police issue more than 2,600 speeding tickets for every 1 street racing citation. Despite racing’s outsized fame, plain and simple speeders are who pervade the roads.
  • Street racing is inversely related to population density. Researchers at Insurify found a significant negative correlation (R = −0.27, p < 0.05) between a state’s street racing rate and its population density. This means that states with fewer residents per square mile are more likely to have high rates of street racing and that states with a high number of residents per square mile are more likely to have low rates of street racing. Coupled with the knowledge that road racing levels increased during early COVID-19 shelter-in-place orders, this is further evidence that emptier roads are attractive to drivers with a penchant for racing.

My opinion? Expect similar laws to spread around the country. Street racing is an activity on the rise, from Baltimore and Portland to Seattle and Salt Lake City, and many more communities all across America. Chicago recently formed a task force to try to tackle the problem. Just this past month, Phoenix police said four people were killed as a result of street racing. The issue took root during the Coronavirus Pandemic, when roads normally clogged with commuters suddenly emptied, opening the door to a surge in illegal street racing.

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.

Study Shows BMW Drivers Are More Rude & Obnoxious

Bellingham Defense Attorney, DUI, Mount Vernon Criminal Defense Attorney, Reckless Driving, Reckless Endangerment, Road Rage, Skagit County Criminal Defense, Vehicular Assault, Vehicular Homicide, Whatcom County Criminal Defense, , , , ,

Image result for bmw

Apparently, the drivers of certain luxury cars that cut you off really do suck. A new study in the Journal of International Psychology finds that many owners of high-status luxury cars shows this indisputable fact.

“The answers were unambiguous: self-centered men who are argumentative, stubborn, disagreeable and unempathetic are much more likely to own a high-status car such as an Audi, BMW or Mercedes.”  ~researchers in a press release.

The study surveyed 1,892 Finnish car owners and also analyzed their personality types, an idea inspired by lead researcher Jan-Erik Lönnqvist’s observation that the drivers “most likely to run a red light, not give way to pedestrians and generally drive recklessly and too fast were often the ones driving fast German cars” such as BMWs, Mercedes, and Audis. He knew that previous studies found luxury car drivers more likely to ignore traffic rules and drive “unethically,” but it was unclear why: Was wealth corrupting their behavior?

Lönnqvist, a professor of social psychology at the University of Helsinki, instead asked what types of people own these cars. Sure enough, he found that less cooperative, less kind, and less considerate men often drive high-status cars. “The same traits also explain why such people break traffic regulations more frequently than others,” says Lönnqvist.

He found no connection between female self-centeredness and luxury cars.

Interestingly, the study also found that conscientious men and women—people who are organized, ambitious, respectable, and often high-performing—are also frequent owners of high-status cars, which Lönnqvist says likely reflects an appreciation for quality and an urge to present a self-image of classy reliability.

Please contact my office if you are charged with Reckless Driving, Reckless Endangerment, Vehicular Assault or any other crime involving motor vehicles. Hiring a competent, experienced attorney is the first and best step toward getting justice.

Fourth of July is One of the Deadliest Days For Drunk Driving

Bellingham Defense Attorney, DUI, National Highway Traffic Safety Administration, Reckless Driving, Reckless Endangerment, Skagit County Criminal Defense, Traffic Infractions, Vehicular Assault, Vehicular Homicide, Whatcom County Criminal Defense, , ,

Image result for drunk driving fourth of july

Excellent news article by reporter German Lopez of Vox discusses how the Fourth of July is among the deadliest days for drunk driving every year, thanks to people both drinking and driving more.

According to an analysis by the Insurance Institute for Highway Safety using data from the Fatality Analysis Reporting System, between 2010 and 2014, July 4 had the second highest percent of car crash deaths that were linked to alcohol, and July 3 was also in the top 10.

Lopez gives a scale on how the 10 deadliest days broke down, with the percentage noting how many of the car crash deaths involved a blood alcohol level of 0.08 g/dL or more:

  1. January 1: 62 percent (364 of 591 car crash deaths)
  2. July 4: 47 percent (278 of 592 car crash deaths)
  3. December 24: 41 percent (191 of 461 car crash deaths)
  4. February 6: 41 percent (151 of 366 car crash deaths)
  5. July 24: 41 percent (207 of 502 car crash deaths)
  6. July 3: 41 percent (219 of 533 car crash deaths)
  7. March 9: 41 percent (161 of 396 car crash deaths)
  8. December 25: 41 percent (137 of 338 car crash deaths)
  9. April 21: 40 percent (176 of 435 car crash deaths)
  10. April 17: 40 percent (176 of 438 car crash deaths)

Also, Lopez reported that although drunk driving deaths have plummeted over the past few decades. In 1981, drunk driving killed more than 21,000 people. By 2015, that figure was cut in half. An array of reforms played a big role in that reduction, including raising the legal alcohol age to 21, pushing police to take the enforcement of drunk driving laws much more seriously, and general improvements in car and traffic safety.

But much of that action happened in the 1980s and ’90s, when MADD and other advocacy groups came together in a strong, well-funded effort to take drunk driving more seriously. Since then, the issue has fallen off the national radar.

 Alcohol’s problems extend far beyond drunk driving as well. Alcohol is linked to at least 88,000 deaths in the US each year, only about an eighth of which are driving-related. That estimate comes from 2006 through 2010, but more recent data suggests that at least some alcohol deaths are trending up: Between 2010 and 2015, the number of alcohol-induced deaths (those that involve direct health complications from alcohol, like liver cirrhosis) rose from less than 26,000 to more than 33,000.

Based on the research, there is also a lot more that America could be doing to prevent alcohol-related deaths — yet there is little media or public attention to this issue, so there is little pressure for lawmakers to put this research into action. The result is that one of the big causes of death in America continues to kill thousands of people a year.

DEALING WITH INCREASED DEATH TOLLS RELATED TO ALCOHOL ABUSE.

Lopez points out that when Americans think about alcohol policy, the first thing that comes to mind is probably Prohibition, which effectively banned the manufacture and sale of alcohol from 1920 to 1933. That solution, of course, did not work. Still, Lopez suggests the following other policies could help address the negative safety impacts of drinking.

  • A higher alcohol tax: A 2010 review of the research in the American Journal of Public Health came out with strong findings: “Our results suggest that doubling the alcohol tax would reduce alcohol-related mortality by an average of 35%, traffic crash deaths by 11%, sexually transmitted disease by 6%, violence by 2%, and crime by 1.4%.”
  • Reducing the number of alcohol outlets: A 2009 review published in the American Journal of Preventive Medicine also found that limiting the number of alcohol outlets (such as liquor stores) in an area through stricter licensing, for example, can limit problematic drinking and its dangers. But it also found that going too far can have negative results — by, for example, causing more car crashes as people take longer drives to outlets and possibly drink before returning home.
  • Revoking alcohol offenders’ right to drink: South Dakota’s 24/7 Sobriety programeffectively revokes people’s right to drink if a court deems it necessary after an alcohol-related offense. The program, specifically, monitors offenders through twice-a-day breathalyzer tests or a bracelet that can track blood alcohol level, and jails them for one or two days for each failed test. Studies from the RAND Corporation have linked the program to drops in mortality, DUI arrests, and domestic violence arrests.
  • Put state governments in charge of selling alcohol: A 2014 report from RAND concluded that when state governments monopolize alcohol sales through state-run shops, they can keep prices higher, reduce access to youth, and reduce overall levels of use.

These are just a few of the ideas that experts have put out there. There are many more ways to curtail alcohol consumption and misuse without outright banning it.

Maybe these policies still go too far for some people. Different individuals will likely disagree on whether these proposals go too far in restricting personal liberty, even if they do save some lives. But the research suggests such policies are at least worth considering.

Yet lawmakers have paid very little attention to alcohol policy. As Philip Cook, a public policy expert at Duke University who wrote Paying the Tab: The Costs and Benefits of Alcohol Control, told Mr. Lopez, the last time Congress raised the federal alcohol tax was 1991 — and that has let the actual impact of the tax erode due to increasing inflation:

“The great opportunity we have is to restore taxes to the real value that they had a few decades ago. That’s justified by the current social costs of drinking, and would have all kinds of beneficial effects, while being justified just from the point of view that drinkers should pay for the damage that they do.”

My opinion? I share Mr. Lopez’s argument that part of the problem is that policymakers just don’t feel much pressure to act on these kinds of public health problems — at least in the same way they feel compelled to act on an issue like, say, terrorism. So thousands of needless deaths continue happening in America every year, including hundreds this Fourth of July.

However, if you; a friend or family member is pulled over for alcohol-related driving, contact a qualified, competent criminal defense attorney as soon as possible. The consequences of DUI – ranging from jail, to high court fines to suspended/revoked drivers  licenses are too great to be trifled with.

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

The “Textalyzer” Battles Distracted Driving & Works Like A Breathalyzer

Bellingham Defense Attorney, Cell Phone, Constitutional Rights, Distracted Driving, law enforcement, Legislation, National Highway Traffic Safety Administration, police, Privacy, Reckless Driving, Reckless Endangerment, Search and Seizure, Search Warrant, Technology, Text Messages, Traffic Infractions, Whatcom County Criminal Defense, , ,

 

A police officer uses a prototype of a Textalyzer to check for texting activity on a phone. A proposed law in New York would allow police to use the technology in much the same way they use a Breathalyzer.

A very interesting and well-written news article by reporter Matt Richtel of the New York Times discussed how lawmakers from New York want to treat distracted driving like drunken driving. The newest idea is to give police officers a new device that is the digital equivalent of the Breathalyzer — a roadside test called the Textalyzer.

The idea certainly carries momentum. Richtel wrote that over the last seven years, most states have banned texting by drivers, and public service campaigns have tried many tactics — “It can wait,” among them — to persuade people to ignore their phones when driving their cars.

Nevertheless, the problem appears to be getting worse. Americans confess in surveys that they are still texting while driving, as well as using Facebook and Snapchat and taking selfies. Richtel’s article emphasized that road fatalities, which had fallen for years, are now rising sharply, up roughly 8 percent in 2015 over the previous year, according to preliminary estimates. That is partly because people are driving more, but Mark Rosekind, the chief of the National Highway Traffic Safety Administration, said distracted driving was “only increasing, unfortunately.”

In response, legislators and public health experts want to treat distracted driving like drunken driving. The most provocative idea is to give police officers a new device that is the digital equivalent of the Breathalyzer — a roadside test called the Textalyzer.

Richtel explained it would work like this: an officer arriving at the scene of a crash could ask for the phones of any drivers involved and use the Textalyzer to tap into the operating system to check for recent activity.

The technology could determine whether a driver had used the phone to text, email or do anything else that is forbidden under New York’s hands-free driving laws, which prohibit drivers from holding phones to their ear. Failure to hand over a phone could lead to the suspension of a driver’s license, similar to the consequences for refusing a Breathalyzer.

Richtel described how the proposed legislation faces hurdles to becoming a law, including privacy concerns. But Félix W. Ortiz, a Democratic assemblyman who was a sponsor of the bipartisan Textalyzer bill, said it would not give the police access to the contents of any emails or texts. It would simply give them a way to catch multitasking drivers, he said.

If the legislation passed in New York, it could be adopted by other states in the same way that the hands-free rules did after New York adopted them.

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

State v. Rich: Evidence of DUI Also Shows Reckless Driving

Bellingham Defense Attorney, DUI, Reckless Endangerment, Washington Court of Appeals, Washington Supreme Court, Whatcom County Criminal Defense, , ,

In State v. Rich, the WA Supreme Court ruled that although proof of DUI alone does not necessarily establish proof of Reckless Endangerment, here, proof that a driver whose breath alcohol level was more than twice the legal limit and who showed awareness that she had done something wrong once stopped, and who sped past a police car in traffic with a young child in the front seat, was sufficient to allow a reasonable juror to conclude beyond a reasonable doubt that the driver created a substantial risk of death or injury to her passenger; which meets the definition of Reckless Endangerment.

A jury convicted defendant Andrea Rich of driving under the influence (DUI) and Reckless Endangerment. The evidence showed that Rich was speeding in traffic while highly intoxicated and with a young child in the front passenger seat. But the officer who arrested Rich followed her car because he believed that the car was stolen. Rich’s manner of driving posed no observable danger.

The WA Court of Appeals reversed the Reckless Endangerment conviction, holding that the evidence was insufficient to establish that Rich’s driving created an actual, substantial risk of death or serious physical injury to another person. It reasoned that proof of a DUI does not necessarily establish proof of Reckless Endangerment.

In response, the State Prosecutor appealed to the WA Supreme Court on the issue of whether there was sufficient to support Rich’s Reckless Endangerment conviction.

The WA Supreme Court agreed with the Court of Appeals that proof of DUI alone does not necessarily establish proof of Reckless Endangerment. The WA Supreme Court also reasoned, however, that the State proved more than just DUI in this case:

It also proved speeding, past a police car, in traffic, by a driver whose breath alcohol level was more than twice the legal limit, who showed awareness that she had done something wrong once stopped, and who had a young child in the front passenger seat. Construing the evidence in the light most favorable to the State, a reasonable juror could conclude beyond a reasonable doubt that Rich created a substantial risk of death or injury to her passenger, that Rich knew of the substantial risk, and that Rich disregarded that risk in gross deviation from the way a reasonable person would act in her situation.

With that, the WA Supreme Court reversed the Court of Appeals and affirmed the conviction.

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

Distracted Driving Crashes Worse Than Previously Suspected

Bellingham, Bellingham Defense Attorney, Distracted Driving, National Highway Traffic Safety Administration, police, Reckless Driving, Reckless Endangerment, Technology, Washington State Patrol, Washington State Traffic Commission, Whatcom County Criminal Defense, , ,

Distracted driving leading cause behind fatal crashes in 2016 - nj.com

Car crashes are the leading cause of death for American teenagers, but a new study suggests a far bigger problem.

The National Highway Traffic Safety Administration (NHTSA), which released a 2012 study using statistics based on police reports, previously estimated that teen distracted driving constituted 14 percent of all collisions. That study showed that teen drivers were distracted almost a quarter of the time they were behind the wheel.  Electronic devices, such as texting, emails, and downloading music, were among the biggest distractions, accounting for 7% of the distractions identified on the study video.

However, a study released in March by the AAA Foundation for Traffic Safety which used live footage instead of police reports. Their latest study on distracted driving found a 400 percent increase and concluded that distraction was a factor in nearly 6 out of 10 moderate-to-severe teen crashes. AAA analyzed the six seconds leading up to a crash in nearly 1,700 videos of teen drivers taken from in-vehicle cameras they knew were in their cars.

My opinion? Eventually, “Distracted Driving” will be criminalized. It took decades for statistics on fatal drunken driving crashes to translate into tougher DWI laws. I’m sure that advocates for strict laws against cellphone use by drivers encounter the same detached attitude today.

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

State v. Rich: No Reckless Endangerment Found in DUI Case

Bellingham Defense Attorney, Constitutional Rights, DUI, Jury Trial, law enforcement, police, Reckless Endangerment, Washington Court of Appeals, Whatcom County Criminal Defense, , ,

Reckless Endangerment for the Lord | JD Espinoza

In State v. Rich, the WA Court of Appeals ruled there is no ‘per se’ liability for Reckless Endangerment based on proof of DUI.

Here the defendant was pulled over for driving a stolen vehicle. She was arrested for DUI because she exhibited the effects of having consumed alcohol and her BAC test was over .15. She also had a 9-year-old child in the front seat. The Prosecutor charged the defendant with Possession of a Stolen Vehicle, DUI and Reckless Endangerment.

During trial, the Prosecutor argued that because Rich operated a vehicle while legally intoxicated in violation of the DUI statute, her conduct also satisfies the elements of reckless endangerment. The State also points to the following pieces of “additional evidence” that would support a finding that Rich’s conduct created a substantial risk of death or serious physical injury: (1) Rich endangered a passenger and motorists on a “major public roadway,” (2) she was heavily intoxicated, and (3) she exceeded the speed limit. The jury found Rich guilty of both Reckless Endangerment and DUI.

The case went up on appeal on the issue of whether a jury can find rich guilty on both crimes when the overwhelming evidence suggested she was only guilty of DUI.

Some background is necessary. The Reckless Endangerment statute, RCW 9A.36.050, provides as follows:

A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.

Another provision in the criminal code, RCW 9A.08.010, defines levels of culpability, including recklessness. RCW 9A.08.010 provides, in relevant part:

RECKLESSNESS. A person is reckless or acts recklessly when he or she knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

Here, the Court reasoned that the Prosecutor offered no evidence whatsoever about the presence of other vehicles, motorists, or pedestrians, nor any evidence about the type of road or traffic conditions. Additionally, the police officer who observed Rich drive did not indicate that Rich’s manner of driving posed any danger or caused him to suspect that Rich was impaired.

And even if the jury could infer from an officer’s testimony that Rich was speeding 15 miles per hour faster than the speed limit, the deputy followed Rich because he believed the car was stolen, not because of speeding or for any reason related to the manner in which the car was being operated. This evidence would not, therefore, allow a trier of fact to conclude that Rich’s speed created a substantial risk of death or serious physical injury.

Because the State failed to prove beyond a reasonable doubt that Rich recklessly engaged in conduct that created a substantial risk of death or serious injury to another person, the Reckless Endangerment conviction must be vacated.

My opinion? Good decision. there is no “per se” liability for Reckless Endangerment based on proof of violation of the DUI statute. If the penalties for DUI are thought of as too lenient then the legislature can increase them. If there should be additional offenses tied to DUI, say DUI with a passenger, then they likewise can be implemented by the legislature through the democratic process.

However, courts should remain unwilling to impose such value judgments upon the citizens by shoehorning conduct into the somewhat broad definitions of certain criminal offenses.

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



Alexander F. Ransom

Attorney at Law
Criminal Defense Lawyer

119 North Commercial St.
Suite #1420
Bellingham, WA 98225

117 North 1st Street
Suite #27
Mount Vernon, WA 98273

Phone: (360) 746-2642
Fax: (360) 746-2949

Blog Update

Substance Use: Health Issue Or Crime?
... read more »

"Warrant Quash Day" Hosted At Whatcom District Court
... read more »

State v Blake Does Not Open The Door To Untimely Challenges On Voluntary Guilty Pleas
... read more »

Trump To Expand the Federal Death Penalty
... read more »

Consultation Request

Footer Consultation Request

Copyright 2024 Law Offices of Alex Ransom, PLLC   |   Sitemap   |   Website Design by Peter James Web Design Studio
error: Content is protected !!