10.52.370 - Persons under the influence of drugs.
10.52.380 - Operating motor vehicle in negligent manner.
10.52.385 - Racing vehicles on highways deemed reckless driving.
10.52.390 - Advertising unlawful speed attained deemed reckless driving.
(a)
Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(b)
It is unlawful to engage in the act of reckless driving.
(Res. 78 § 1 (46.61.5001), 1970).
(a)
It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of a vehicle within this county.
(b)
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of his blood, breath or other bodily substance shall give rise to the following presumptions:
(1)
If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that he was not under the influence of intoxicating liquor;
(2)
If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor;
(3)
If there was at that time 0.10 percent or more by weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating liquor;
(4)
Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood;
(5)
The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether the person was under the influence of intoxicating liquor.
(c)
Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purpose. The state toxicologist is directed to approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to issue permits which shall be subject to termination or revocation at the discretion of the state toxicologist.
(d)
When a blood test is administered under the provisions of RCW 46.20.308, the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens.
(e)
The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(f)
Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney.
(Res. 78 § 1 (46.61.506), 1970).
10.52.370 - Persons under the influence of drugs.
It is unlawful and punishable as provided in Section 10.52.375 for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive a vehicle within this county. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section.
(Res. 78 § 1 (46.61.510), 1970).
(a)
Every person who is convicted of a violation of (1) driving a motor vehicle while under the influence of intoxicating liquor or (2) driving a motor vehicle while under the influence of a narcotic drug, or under the influence of any other drug to a degree which renders the driver incapable of safely driving a motor vehicle shall be punished by imprisonment for not less than five days nor more than one year, and by a fine of not less than fifty dollars nor more than five hundred dollars.
(b)
On a second or subsequent conviction of either offense within a five year period he shall be punished by imprisonment for not less than thirty days nor more than one year and by a fine of not less than one hundred dollars nor more than one thousand dollars, and neither the jail sentence nor the fine shall be suspended. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended.
(Res. 78 § 1 (46.61.5151), 1970).
10.52.380 - Operating motor vehicle in negligent manner.
(a)
It is unlawful for any person to operate a motor vehicle in a negligent manner over and along the public highways of this county. For the purpose of this section to "operate in a negligent manner" means the operation of a vehicle upon the public highways of this county in such a manner as to endanger or be likely to endanger any persons or property.
(b)
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 a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner. Any person violating the provisions of this section is guilty of a misdemeanor.
(Res. 78 § 1 (46.61.5251), 1970).
10.52.385 - Racing vehicles on highways deemed reckless driving.
No person or persons shall race any motor vehicle or motor vehicles upon any public highway of this county. Any person or persons guilty of comparing or contesting relative speeds by simultaneous operations is guilty of reckless driving whether or not such speed is in excess of the maximum speed prescribed by law.
(Res. 78 § 1 (46.61.530), 1970).
10.52.390 - Advertising unlawful speed attained deemed reckless driving.
It is unlawful for any manufacturer, dealer, distributor or any person, firm or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this county when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Conviction for a violation of any of the provisions of this section shall be prima facie evidence of reckless driving and shall subject such person, firm or corporation to the penalties in such cases provided.
(Res. 78 § 1 (46.61.535), 1970).