Ticket info question

[tgo]

Hi, a friend of mine received a ticket the other day in Washington.
On the ticket code it states 4.2 RCW 46.61.500

on the notes section, it states reckless/evading.

What is he being charged for?
Also what does the 4.2 mean?

[GoDirectly2Jail]

What State?

[tgo]

Sorry, the state was Washington.

Thanks

[L-1]

Can't help you with the 4.2 part. Here is the rest.

RCW 46.61.500
Reckless driving — Penalty.

(1) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment of not more than one year and by a fine of not more than five thousand dollars.

(2) The license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than thirty days.

[1990 c 291 § 1; 1979 ex.s. c 136 § 85; 1967 c 32 § 67; 1965 ex.s. c 155 § 59.]

Your friend will have to tell you about his driving that led up to the ticket.

[tgo]

I understand the reckless driving part. However the officer stated that they are being charged for evading and reckless driving. But on the ticket code it only states the code for reckless driving. Is it still possible that they are also charged for evasion?

Also in the notes section it states "evading/reckless"

Thanks

[sgtbear111]

The "4.2" may reference a municipal code if the citation was written by a city police officer. (my guess)

Eluding is a felony, no citation is written for a felony. The offender is usually booked into jail, and bail is set by a magistrate/judge/commissioner on first appearance. The officer reports and statement of probable cause are forwarded to the Prosecutor and the Eluding charge is filed in Superior Court based on an Information (similar to indictment) submitted by the county Prosecuting Attorney.

Links below for eluding, and SB6239 is a long list of "technical corrections" to wording of statutes. Read the Eluding statute carefully, "reckless" is an inlcuded offense. The eluding charge may be on the way to the Prosecutor in a separate file. Contact the District or Municipal Court as stated on the citation, the County Prosecutor, or retain a criminal defense attorney.


RCW 46.61.024: Attempting to elude police vehicle ? Defense ? License revocation.

RCW 46.61.024
Attempting to elude police vehicle — Defense — License revocation.
<1> *** CHANGE IN 2010 *** (SEE 6239-S.SL) ***

(1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his vehicle to a stop and who drives his vehicle in a reckless manner while attempting to elude a pursuing police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.

(2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.

(3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.



<1> Amendment SSB 6239 pages 224-225 of the 420 page pdf RCW 46.61.024 Eluding, Class C Felony

http://apps.leg.wa.gov/documents/bil.../6239-S.SL.pdf

[tgo]

If they were let go to drive home after the ticket is it safe to assume they are not being charged with eluding?