Washington State Offense Information

Possession of Marijuana (Less than 40 Grams)

Statutory Section: RCW 69.50.4014.”Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of forty grams or less of marijuana is guilty of a misdemeanor.”

Elements the Prosecution Must Prove: On or about a certain date, the defendant unlawfully possessed 40 grams or less of marijuana.

Penalties if Convicted:
Mandatory minimum: 24 hours in jail; $250.00;
Maximum: 90 days in jail; $1,000 fine;
License: No license suspension for adults; for minors age 13-20, one year or until age 17, whichever is longer for a first conviction, two years or until age 18, whichever is longer for a second or subsequent conviction.

Related Issues:
Qualifying patients with terminal or debilitating illnesses who, in the judgment of their physicians, may benefit from the medical use of marijuana, shall not be found guilty of a crime under state law for their possession and limited use of marijuana;
Persons who act as designated providers to such patients shall also not be found guilty of a crime under state law for assisting with the medical use of marijuana. RCW 69.51A.005.
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Hit & Run Unattended

Statutory Section: RCW 46.52.010. The operator of any vehicle which collided with any other vehicle which is unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the operator and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in the vehicle struck a written notice, giving the name and address of the operator and of the owner of the vehicle striking such other vehicle.

Elements the Prosecution Must Prove: On or about a certain date, following a collision with an unattended motor vehicle, the driver failed to stop and either locate or notify the owner of the unattended vehicle, or leave written notice in a conspicuous place notifying the owner of the unattended vehicle, the name and address of the owner of the driven vehicle.

Penalties if Convicted:
No mandatory minimums
Maximum; 90 days in jail; $1000 fine
License: no license suspension

Related Issues: Restitution to owner of unattended vehicle is usually required

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Hit & Run Attended

Statutory Section: RCW 46.52.020 (1) A driver of any vehicle involved in an accident resulting in the injury to or death of any person or involving striking the body of a deceased person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall then forthwith return to, and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of subsection (3) of this section; every such stop shall be made without obstructing traffic more than is necessary.
(2) The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person or damage to other property must move the vehicle as soon as possible off the roadway. The driver shall remain at the location until he or she has fulfilled the following requirements:
(3) Give his or her name, address, insurance company, insurance policy number, and vehicle license number and show a drivers license to the other person. In the event of an injury, the driver shall render aid to any person reasonable assistance including taking them to a physician or hospital for medical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person or on his or her behalf.

Elements the Prosecution Must Prove: On or about a certain date, following a collision with vehicle that is driven or attended by another person, the driver failed to stop and provide their contact information and information pertaining to their insurance policy; and render aid if needed.

Penalties if Convicted:
Maximum of 365 days in jail; $5,000 fine; no mandatory minimums
License: mandatory suspension for 365 days (Eligible for Restricted License after 90 days)

Related Issues: An individual is relieved from these duties if the accident has caused them serious injury or to be incapacitated. Moving a vehicle off the roadway or rendering aid to an injured person does under no circumstances admit liability on the part of the driver.
Restitution to other driver can be required
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Driving Under the Influence

Statutory Provision: RCW 46.61.502. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood; or (b) While the person is under the influence of or affected by intoxicating liquor or any drug; or (c) While the person is under the combined influence of or affected by intoxicating liquor and any drug.

Elements the Prosecution Must Prove: 1) Driving; 2) Within the state of Washington; 3) With an alcohol concentration of .08 or more within two hours of driving, or being affected by alcohol or any drug while driving.

Penalties if Convicted:
Maximum: 365 days in jail; $5,000 fine
MANDATORY MINIMUM SENTENCES:

No prior offense within past seven years:
Alcohol Concentration Less Than.15 or No Test Result

24 consecutive hours in jail; or 15 days electronic home monitoring
$866 minimum fine
License: 90 day suspension (eligible for restricted license after 30 days)
Ignition Interlock: Required for 365 days after license is reinstated
Alcohol & drug evaluation plus any recommended treatment