Wash. Rev. Code » Title 46 · Chapter 46.61
Revised Code of Washington

Wash. Rev. Code § 46.61.525 (2026)

✓ current as of May 2026
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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.
[ 1997 c 66 s 5; 1996 c 307 s 1; 1979 ex.s. c 136 s 86; 1967 c 32 s 69; 1961 c 12 s 46.56.030. Prior: 1939 c 154 s 1; RRS s 6360-118 1/2. Formerly RCW 46.56.030.]

Notes:

Rules of court: Negligent driving cases—CrRLJ 3.2.
Effective date—Severability—1979 ex.s. c 136: See notes following RCW 46.63.010.
Arrest of person involved in negligent driving: RCW 10.31.100.
Use of vessel in reckless manner or while under influence of alcohol or drugs prohibited: RCW 79A.60.040.
Notes of Decisions
Cited in 31 cases (2 in the last 5 years), 1967–2025 · leading case: State v. Farr-Lenzini, 970 P.2d 313 (Wash. Ct. App. 1999).
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State v. Farr-Lenzini, 970 P.2d 313 (Wash. Ct. App. 1999). · cites it 5× “We further hold that the traffic infraction of negligent driving in the second degree, RCW 46.61.525, is not a lesser included offense of reckless driving, RCW 46.”
State v. Shannahan, 849 P.2d 1239 (Wash. Ct. App. 1993). · cites it 10× “Terry Shannahan appeals the trial court's order finding him guilty of operating a motor vehicle in a negligent manner in violation of RCW 46.61.525 and ordering him to pay restitution in lieu of a fine, claiming restitution was not an available penalty for violation of RCW 46.”
State v. Gostol, 965 P.2d 1121 (Wash. Ct. App. 1998). · cites it 5× “The trial court declined to instruct the jury on negligent driving (former RCW 46.61.525) as a lesser included offense of vehicular assault.”
State v. Eike, 435 P.2d 680 (Wash. 1967). · cites it 4× “155, § 92) as driving "in such a manner *777 as to endanger or be likely to endanger any persons or property," nor a finding of ordinary negligence will support a conviction of negligent homicide by means of a motor vehicle, even though a death results from injuries sustained by…”
City of Spokane v. Vaux, 516 P.2d 209 (Wash. 1973). · cites it 4× “The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense…”
The City of Sunnyside v. Wendt, 755 P.2d 847 (Wash. Ct. App. 1988). · cites it 4× “The City of Sunnyside has adopted an ordinance analogous to RCW 46.61.525. RCW 46.61.525 provides, in part: *849 It shall be unlawful for any person to operate a motor vehicle in a negligent manner.”
State v. Taylor, 745 P.2d 510 (Wash. 1987). · cites it 4× “See RCW 46.61.525; RCW 46.61.022. The gist of petitioner's defense was that he was guilty of the two lesser included offenses but he did not have the mental state required for a felony flight conviction.”
State v. Lutman, 614 P.2d 224 (Wash. Ct. App. 1980). · cites it 2× “" RCW 46.61.525. They are separate offenses and the district court erred in amending the complaint.”
State v. Reding, 835 P.2d 1019 (Wash. 1992). “342); or negligent driving (a misdemeanor under RCW 46.61.525). Therefore, for a few types of vehicle-related misconduct which it deemed more serious, the Legislature has given police officers authority to detain motorists for a longer period by making a custodial arrest.”
City of Bellevue v. Redlack, 700 P.2d 363 (Wash. Ct. App. 1985). · cites it 3× “The elements of negligent driving are set forth in RCW 46.61.525: "For the purpose of this section to 'operate in a negligent manner' shall be construed to mean the operation of a vehicle in such a manner as to endanger or be likely to endanger any persons or property .”
State v. Lopez, 970 P.2d 765 (Wash. Ct. App. 1999). · cites it 2× “As noted in Justice Donworth's dissent to Eike , disregard for the safety of others is conduct more culpable than "driving `in such a manner as to endanger or be likely to endanger any persons or property' (RCW 46.61.525—negligent driving)." Eike, 72 Wash.”
State v. Long, 705 P.2d 245 (Wash. 1985). · cites it 2× “On September 24, 1983, the defendant was issued a citation for negligent driving under RCW 46.61.525. RCW *286 46.61.525 provides: It shall be unlawful for any person to operate a motor vehicle in a negligent manner.”
Show all 31 citing cases →
— Wash. Rev. Code § 46.61.525(1)(a) — 2 cases
State v. Magee, 180 P.3d 824 (Wash. Ct. App. 2008).
State v. Magee, 220 P.3d 1224 (Wash. 2009).
— Wash. Rev. Code § 46.61.525(1)(c) — 1 case
State v. Magee, 180 P.3d 824 (Wash. Ct. App. 2008).
— Wash. Rev. Code § 46.61.525(2) — 2 cases
State v. Magee, 180 P.3d 824 (Wash. Ct. App. 2008).
State v. Magee, 143 Wash. App. 698 (Wash. Ct. App. 2008).
— Wash. Rev. Code § 46.61.525(l)(a) — 2 cases
State v. Magee, 143 Wash. App. 698 (Wash. Ct. App. 2008).
State v. Magee, 167 Wash. 2d 639 (Wash. 2009).
— Wash. Rev. Code § 46.61.525(l)(c) — 1 case
State v. Magee, 143 Wash. App. 698 (Wash. Ct. App. 2008).
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