I. Traffic Laws Generally
In Nevada, traffic laws are governed in part by Nevada Revised Statutes (or more commonly referred to as NRS) chapter 484B. Importantly, Nevada does not distinguish between petty traffic offenses and misdemeanors. See NRS 193.130. This means that even a basic speeding charge is a misdemeanor in Nevada. NRS 484B.600. And a misdemeanor in Nevada is punishable by up to six(6) months jail and a fine up to $1000.00 in most cases. In fact, some traffic misdemeanors can be punished even more severely, such as violations in a school zone, which carry effectively double this penalty. See NRS 484B.135.
In addition to the surprising penalties for traffic citations, the ways in which you can be found in violation in Nevada are numerous. Take for example, NRS 484B.910, which states that a vehicle cannot drive over a fire hose without the consent of the fire department official in charge. This is just one example of an odd law in Nevada for which you can receive six (6) months jail-time. While we would never expect a judge to impose such a severe sentence, it is crucial in any situation to know what you are facing, even in traffic court.
II. What is a traffic citation?
Simply put, a traffic citation is a piece of paper listing the charges for which an officer believes you are in violation. A typical citation in Nevada may look very similar to the example here:
Traffic citations encompass the multitude of Nevada Traffic laws in NRS 484B, and include prohibitions against speeding, rules for passing, rules for paperwork needed while traveling, and other general rules of the road.
III. So how does Nevada define speeding?
There are four (4) general restrictions on speeding in Nevada.
You cannot drive over 80 mph for any reason.
You cannot drive over the posted speed limit.
You cannot drive at a rate of speed that endangers life, limb, or property.
You cannot drive at a rate of speed greater than is reasonable or proper with regard to
traffic, surface of highway, and weather. NRS 484B.600.
Keep in mind that speeding is also broken down into categories (see below) for how fast above the limit you are alleged to have been driving, which can influence both the fine you pay, and the status of your license.
A) Speeding and the DMV
One important thing to consider is the DMV demerit system. This demerit system is important, because if you get twelve (12) points in any twelve (12) month period, your license will be automatically suspended for six (6) months. See www.dmvnv.com/dlpoints.htm. This applies to any twelve (12) months, meaning that you do not need to get all the points within the same calendar year for your license to be suspended. For this reason, it’s crucial that maintain a current address with the Nevada DMV, to ensure you don’t miss any important notices. Below, we have provided a list of some, but not all, the Nevada DMV demerit points for traffic offenses.
Speeding
a. 1 – 10 mph over posted limit – 1 point
b. 11 – 20 mph over posted limit – 2 points
c. 21 – 30 mph over posted limit – 3 points
d. 31 – 40 mph over posted limit – 4 points
e. 41 mph or more over posted limit – 5 points
f. Driving too fast for conditions – 2 points
Reckless Driving – 8 points
Careless Driving – 6 points
Failure to give info/render aid at accident – 6 points
Following too closely – 4 points
Failure to yield right-of-way – 4 points
Use of a handheld electronic device – 4 points
Disobeying a traffic signal or stop sign – 4 points
The above covers only a small portion of Nevada traffic laws, and our next post will go over more serious traffic offenses such as reckless driving, and will walk you through the court process, should you be cited for a traffic offense in Nevada.
If you have any further questions, please contact ZT Law Group today for a free consultation about your record sealing rights in Nevada either by phone at 702-359-0157, or through email atstaff@zamanlegal.com.