Your Rights.

When you are stopped, detained, arrested or charged with a Washington State reckless driving or racing charge you have many rights.  The list of the following rights has been put together to help you understand what those rights are.  Deciding which rights to exercise and when to exercise them is a decision best made after speaking with an attorney. 

Your Rights If You Are Stopped By The Police For A Washington reckless driving or racing charge are:

1. You have a right to decline to answer any questions. You may be required to identify yourself but you cannot be required to make statements or answer questions.  You should remember that whatever you say to the officer may (and probably will) be used if charges are filed against you at a later time (whether or not you give a formal "statement").

2. You have a right to refuse to consent to any search of your person, property, or vehicle.  However, in the following circumstances the police may search you or your vehicle without obtaining a warrant:

A search incident to a lawful arrest:  If you are lawfully arrested and were in a vehicle immediately prior to your arrest, the police may search your vehicle.  

A frisk for weapons: Police may frisk you to determine whether you are carrying a weapon. Also, they may search the area immediately around you.

"Emergency" circumstances:  Police officers also may search without a warrant if they have probable cause to believe evidence may be found and when certain "emergency" circumstances exist, such as when valuable evidence would otherwise be destroyed before a warrant could be obtained.

An Impound Search:  The police may search your car if they are placing it in impound.

Your Rights If You Are Arrested For A Washington Reckless Driving or Racing Charge:

1. You have a right to speak with an attorney before making any statements. 

Your Rights If You Are Charged With A Washington Reckless Driving or Racing Charge:

1. You have a right to receive notice of the charges and penalties. When you first appear in court, you have the right to be told the nature of the charges against you and to have those charges formally read in open court.  You also have the right to be informed of the maximum penalty you could face if convicted and any mandatory minimum penalties the court must impose.

2. You have a right to plead not guilty at arraignment.  A plea of not guilty at arraignment will not be held against you at any time.  In fact, many courts will not allow you to plead guilty to a serious charge like reckless driving or racing without consulting an attorney first. NOTE:  If you have hired a private attorney ahead  of time, you may not need to go to the arraignment.

3. You have a right to an Attorney.  You have a right to have an attorney of your choosing represent you throughout the entire criminal process and for that attorney to be present with you at all court hearings.  If you cannot afford an attorney and qualify financially, the court will appoint a public defender to represent you.   You also have a right to represent yourself and proceed without an attorney.  However, if you choose to represent yourself the court will hold you to the same standard as an attorney and expect you to understand the law and procedures as they pertain to your case.

4. You have a right to a Jury Trial.  You have a right to a speedy and public trial by jury.   A speedy trial is one that occurs no more than ninety days from the date you first appear on your case if you are out of custody or sixty days if you are in custody.  Your trial would occur in a courtroom open to the public.  For reckless driving or racing  charges your jury would consist of six people from the community who hear all the evidence presented and make a decision as to your guilt or innocence. 

5. You have a right to be Presumed Innocent.  You have a right to be considered innocent of a charge of reckless driving or racing until you are convicted or until you enter a plea of guilty.  However, the court does have the power to impose certain conditions while the case is pending against you.

6. You have a right to be convicted by proof beyond a reasonable doubt.  You have a right to require that the prosecutor prove every element of a Washington reckless driving or racing  charge beyond a reasonable doubt.  This is the highest burden of proof in the legal system.  As a defendant, you are not required to present any evidence or prove your innocence.

7. You have a right to confront witnesses who testify against you.  You have a right to confront and cross-examine all witnesses testifying against you.  This means that the prosecutor will ask the officer who arrested you for a Washington reckless driving or racing  charge to testify and you (through your attorney) will be able to question this officer.  

8. You have a right to call witnesses to testify on your behalf.  You have a right to call witnesses who can testify in a way helpful for your case.  These witnesses could include people who where with when you were arrested for your reckless driving or racing  charge.

9. You have a right to testify or not testify.  You have a right to remain silent and not incriminate yourself.  This means that no one can force you to take the stand and testify.  If you choose not to testify this cannot be held against you.  You also have the right to testify.  If you choose to testify the prosecuting attorney is allowed to cross examine you about your case and anything you say while testifying.

10. You have a right to appeal a conviction or sentence.  If you are convicted of reckless driving or racing you have a right to appeal this conviction to a higher court.  This would be an appeal to Superior Court.  If you believe that a judge made an error in sentencing you, you may also appeal your sentence in Superior Court.