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(1)(a) A person is guilty of negligent driving
in the first degree if 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, and exhibits the effects of having
consumed liquor or an illegal drug.
(b) It is an affirmative defense to negligent
driving in the first degree by means of exhibiting
the effects of having consumed an illegal drug that
must be proved by the defendant by a preponderance
of the evidence, that the driver has a valid
prescription for the drug consumed, and has been
consuming it according to the prescription
directions and warnings.
(c) Negligent driving in the first degree is a
misdemeanor.
(2) For the purposes of this section:
(a) "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.
(b) "Exhibiting the effects of having consumed
liquor" means 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, and either:
(i) Is in possession of or in close proximity
to a container that has or recently had liquor in
it; or
(ii) Is shown by other evidence to have
recently consumed liquor.
(c) "Exhibiting the effects of having consumed
an illegal drug" means that a person by speech,
manner, appearance, behavior, lack of coordination,
or otherwise exhibits that he or she has consumed an
illegal drug and either:
(i) Is in possession of an illegal drug; or
(ii) Is shown by other evidence to have
recently consumed an illegal drug.
(d) "Illegal drug" means a controlled substance
under chapter 69.50 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, or a legend drug under
chapter 69.41 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.
(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. |
