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(1)(a) A person is guilty of negligent driving
in the second degree if, under circumstances not
constituting negligent driving in the first degree,
he or she operates a motor vehicle in a manner that
is both negligent and endangers or is likely to
endanger any person or property.
(b) It is an affirmative defense to negligent
driving in the second degree that must be proved by
the defendant by a preponderance of the evidence,
that the driver was operating the motor vehicle on
private property with the consent of the owner in a
manner consistent with the owner's consent.
(c) Negligent driving in the second degree is a
traffic infraction and is subject to a penalty of
two hundred fifty dollars.
(2) For the purposes of this section,
"negligent" means the failure to exercise ordinary
care, and is 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.
(3) Any act prohibited by this section that
also constitutes a crime under any other law of this
state may be the basis of prosecution under such
other law notwithstanding that it may also be the
basis for prosecution under this section. |
