In Nevada, there are three categories of violations of law; misdemeanors, gross misdemeanors, and felonies. There's no such thing as an infraction, so any act or omission contrary to law is a criminal offense. That doesn't necessarily mean that a violator is immediately arrested on the spot, especially since we're mainly talking about traffic violations here, I'm just pointing out than any violation observed by a peace officer is an arrestable offense. Doesn't usually happen, but that's how it is, savvy?
Speed
The most common traffic violation is speeding, and for good reason! Nevada is generally a sparsely populated state, and many of the more heavily traveled roads are long & straight. I'd guess that a majority of motorists on the road are just passing through, and a lot of them are simply anxious to get to where they're going. Except in urban areas such as Reno/Carson City and the Las Vegas area, interstate highways are posted at a maximum limit of 75 MPH, and major secondary roads are usually posted at 60, 65, or 70 MPH. Fines for speeding can vary between counties, and there is sometimes a variance between court jurisdictions within the same county. For example, where I live in Elko County, speeding on the interstate carries a $10 per mile penalty plus fees, and similar violations on all other streets & highways within the Elko Justice Court jurisdiction are $4 per mile plus fees. Just up the road in Wells, all speeding fines are assessed at $10 per mile plus fees. Some sample fine amounts: 10 over in town = $82. 10 over on the interstate = $187. 15 over = $237.
Part of the beauty of traveling on the major secondary highways of Nevada, such as US93 or various state routes, is that there is a quasi-lawful allowance for excess speed. The Rural Speed statute, allows for 10 over in 60 & 65 MPH zones, and 5 over in 70 zones in rural areas, again -- basically anywhere outside of Reno/Carson and the Vegas area. Essentially, what this means that if you get stopped and cited for 70 in a 60, there's a $25 fine (you guessed it... plus fees), but it's not a moving violation and will not affect your driving record. That's not to say that people driving 10 over in BFE are going to be stopped & cited. Usually what happens is this... someone gets zapped at say, 80 in a 65. The trooper or deputy on such a stop would likely reduce the cited violation to one that falls under the Rural Speed criteria & send them on their way. If not, it might be worth a call to the local District Attorney to see if they'll accept a plea to Rural Speed in lieu of going to trial.
So we've covered a couple types of speed violations so far; basic speed (exceeding maximum posted speed limit) and rural speed. One last type of speeding to go over is Speed Too Fast for Conditions, which falls under the Due Care statute. This law is generally applied to accident investigations, such as when a driver is driving at the speed limit and wipes out in the middle of a blizzard. I only bring this up to illustrate that just because the sign says 75 MPH, doesn't mean you have to go 75 MPH when conditions deteriorate. Most of the weather related accidents that I've been involved with could have been avoided if the drivers had used better judgement.
Construction zones
There is a penalty enhancement for any traffic misdemeanors that occur in a construction zone. We're not just talking speed here, but anything that constitutes a moving violation, such as following too closely, illegal passing, disobeying traffic control devices, etc. The enhancement is simply a 2X fine. Let's say a ticket for following too closely under normal circumstances warrants a $25 fine, plus fees, for a total of $67. In a construction zone, the base fine doubles to $50, for a total of $107. Speeding penalties are pretty harsh. +5 on the interstate will get you $20 per mile, for a whopping total of $187. At 10 over, you're looking at $307.
Points transfer to sister states
According to sources at the local justice court and DMV offices, when a non-resident driver receives a traffic ticket, the information is sent to DMV headquarters in Carson City, and then forwared to the non-resident's home state. Conversely, according to local sources, there are only a couple of neighboring states that report similar information to Nevada, for Nevadans who are cited out of state. Apparently, as long as a Nevadan pays their out of state ticket, with a couple of exceptions such as Washington & Oregon, our DMV won't find out about it. Insurance companies on the other hand, are a different ballgame. I'm told that they will usually get wind of cited violations before DMV does. Non-moving violations, such as Rural Speed or seatbelt, do not get reported to other states.
Reckless driving
The law is subject to interpretation of "willful or wanton disregard of the safety of persons or property" to win a conviction for reckless driving, since the statute is fairly vague. Racing is pretty obvious & fairly easy to prove in court. Those are the two main elements for reckless driving, and a conviction results in harsh penalties in the form of fines, possible jail time, license suspensions, and impound.
There is a separate statute for "aggressive driving", where a driver commits 3 or more moving violations within a mile; or creates an immediate hazard regardless of duration. The penalties are similar to those for reckless driving.
Left lane use
Some folks might find great joy in the fact that Nevada has a law that tells slowpokes to stay the hell outta the left lane unless you're passing somebody! It's in the Impeding Traffic statute, which says that a vehicle has to stay to the right on mult-laned highways when overtaken by faster traffic. Sadly, I don't think many enforcers are familiar with it.
DUI
The legal limit for blood alcohol content is .08, like most (if not all) other states. Under the Implied Consent law, a person can refuse to submit to preliminary breath test (PBT), but not an evidentiary blood or breath test. A PBT is more or less a glorified roadside field sobriety test, and the results can't be used against a defendant in court. If a person refuses to submit to a PBT, they will be immediately arrested and transported for evidentiary testing, not to mention having their driving privileges suspended or revoked on the spot. A refusal of an evidentiary blood or breath test typically results in blood being taken by force, if necessary.
The minimum sentence for a 1st offense conviction is 2 days in the county jail, plus hefty fines. The 2nd offense will net 10 days + fines, and 3rd & subsequent offenses result in felony convictions plus a year or more in the state prison.
Seatbelts
The police can't stop you in Nevada for simply not using a seatbelt, because that's not considered a "primary" violation. However, if a person gets stopped for any other lawful reason, such as a mechanical or traffic violation, the officer must cite for the seatbelt. It's not considered a moving violation, and has no effect on a person's insurance or driving record.
Helmets & eye protection
This is a mandatory helmet state, although there are no warning signs that I'm aware of, that riders would notice when entering from neighboring states. The statute is rather vague, and several victims of helmet tickets and lobbying groups have tried to get the law either repealed or clarified through the courts. The law doesn't specifically address helmet construction or certification standards, but it does make vague reference to DOT/NHTSA standards via a section in the Nevada Administrative Code. Of course, novelty helmets don't meet safety standards, but a recent court ruling held that if a motorcycle rider is wearing what appears to be a helmet, novelty or not, then the cops don't need to mess with said rider.
Helmets aren't required on trikes, but eye protection is. Same with a motorcycle, if either type of vehicle isn't equipped with a transparent windshield that meets safety standards.
Indian reservations
Reservations are sovereign territory, and law enforcement functions are carried out by local tribal police or federal Bureau of Indian Affairs officers. Generally speaking, local law enforcement (city, county or state) has no jurisdiction on tribal lands, but may enlist assistance from tribal authorities in cases such as fresh pursuit onto tribal land. I only mention this because a number of Nevada highways traverse Indian reservations.
Drugs & paraphernalia
As of a few years ago, possession of less than 1 oz. marijuana is just a misdemeanor. The only reason I bring it up is to say that if a peace officer indicates that he can smell it on your person or in your vehicle, my best advice is to immediately produce the dime bag or pipe in your pocket, take the ticket, and move on. If he has to work for it (K9, search warrant, etc.), he's not likely to exhibit any leniency, and the next few days might be rather unpleasant.
Leave your meth at home! Don't you know that stuff is bad for you??!!
Reporting highway emergencies
Just dial *NHP (*647) or 911, and give the nearest milemarker or closest exit, and a good description of details.
Road conditions website
This website has the most current road conditions and construction advisories: https://www.nevadadot.com/traveler/roads/
Open range
Many of Nevada's highways are in Open Range country, meaning that livestock and wild critters are unencumbered by fences, and free to roam on or near the road surface. A driver involved in an accident on Open Range with critters or livestock are generally considered at fault and liable for damages to livestock. Drivers should exercise extreme caution and adjust speed accordingly when these signs are present, especially at night.
***ADMIN NOTE: This thread may be edited by the author to incorporate contributions by other members. Administrators then may delete those posts to keep the thread orderly. ***
Speed
The most common traffic violation is speeding, and for good reason! Nevada is generally a sparsely populated state, and many of the more heavily traveled roads are long & straight. I'd guess that a majority of motorists on the road are just passing through, and a lot of them are simply anxious to get to where they're going. Except in urban areas such as Reno/Carson City and the Las Vegas area, interstate highways are posted at a maximum limit of 75 MPH, and major secondary roads are usually posted at 60, 65, or 70 MPH. Fines for speeding can vary between counties, and there is sometimes a variance between court jurisdictions within the same county. For example, where I live in Elko County, speeding on the interstate carries a $10 per mile penalty plus fees, and similar violations on all other streets & highways within the Elko Justice Court jurisdiction are $4 per mile plus fees. Just up the road in Wells, all speeding fines are assessed at $10 per mile plus fees. Some sample fine amounts: 10 over in town = $82. 10 over on the interstate = $187. 15 over = $237.
Part of the beauty of traveling on the major secondary highways of Nevada, such as US93 or various state routes, is that there is a quasi-lawful allowance for excess speed. The Rural Speed statute, allows for 10 over in 60 & 65 MPH zones, and 5 over in 70 zones in rural areas, again -- basically anywhere outside of Reno/Carson and the Vegas area. Essentially, what this means that if you get stopped and cited for 70 in a 60, there's a $25 fine (you guessed it... plus fees), but it's not a moving violation and will not affect your driving record. That's not to say that people driving 10 over in BFE are going to be stopped & cited. Usually what happens is this... someone gets zapped at say, 80 in a 65. The trooper or deputy on such a stop would likely reduce the cited violation to one that falls under the Rural Speed criteria & send them on their way. If not, it might be worth a call to the local District Attorney to see if they'll accept a plea to Rural Speed in lieu of going to trial.
So we've covered a couple types of speed violations so far; basic speed (exceeding maximum posted speed limit) and rural speed. One last type of speeding to go over is Speed Too Fast for Conditions, which falls under the Due Care statute. This law is generally applied to accident investigations, such as when a driver is driving at the speed limit and wipes out in the middle of a blizzard. I only bring this up to illustrate that just because the sign says 75 MPH, doesn't mean you have to go 75 MPH when conditions deteriorate. Most of the weather related accidents that I've been involved with could have been avoided if the drivers had used better judgement.
Construction zones
There is a penalty enhancement for any traffic misdemeanors that occur in a construction zone. We're not just talking speed here, but anything that constitutes a moving violation, such as following too closely, illegal passing, disobeying traffic control devices, etc. The enhancement is simply a 2X fine. Let's say a ticket for following too closely under normal circumstances warrants a $25 fine, plus fees, for a total of $67. In a construction zone, the base fine doubles to $50, for a total of $107. Speeding penalties are pretty harsh. +5 on the interstate will get you $20 per mile, for a whopping total of $187. At 10 over, you're looking at $307.
Points transfer to sister states
According to sources at the local justice court and DMV offices, when a non-resident driver receives a traffic ticket, the information is sent to DMV headquarters in Carson City, and then forwared to the non-resident's home state. Conversely, according to local sources, there are only a couple of neighboring states that report similar information to Nevada, for Nevadans who are cited out of state. Apparently, as long as a Nevadan pays their out of state ticket, with a couple of exceptions such as Washington & Oregon, our DMV won't find out about it. Insurance companies on the other hand, are a different ballgame. I'm told that they will usually get wind of cited violations before DMV does. Non-moving violations, such as Rural Speed or seatbelt, do not get reported to other states.
Reckless driving
The law is subject to interpretation of "willful or wanton disregard of the safety of persons or property" to win a conviction for reckless driving, since the statute is fairly vague. Racing is pretty obvious & fairly easy to prove in court. Those are the two main elements for reckless driving, and a conviction results in harsh penalties in the form of fines, possible jail time, license suspensions, and impound.
There is a separate statute for "aggressive driving", where a driver commits 3 or more moving violations within a mile; or creates an immediate hazard regardless of duration. The penalties are similar to those for reckless driving.
Left lane use
Some folks might find great joy in the fact that Nevada has a law that tells slowpokes to stay the hell outta the left lane unless you're passing somebody! It's in the Impeding Traffic statute, which says that a vehicle has to stay to the right on mult-laned highways when overtaken by faster traffic. Sadly, I don't think many enforcers are familiar with it.
DUI
The legal limit for blood alcohol content is .08, like most (if not all) other states. Under the Implied Consent law, a person can refuse to submit to preliminary breath test (PBT), but not an evidentiary blood or breath test. A PBT is more or less a glorified roadside field sobriety test, and the results can't be used against a defendant in court. If a person refuses to submit to a PBT, they will be immediately arrested and transported for evidentiary testing, not to mention having their driving privileges suspended or revoked on the spot. A refusal of an evidentiary blood or breath test typically results in blood being taken by force, if necessary.
The minimum sentence for a 1st offense conviction is 2 days in the county jail, plus hefty fines. The 2nd offense will net 10 days + fines, and 3rd & subsequent offenses result in felony convictions plus a year or more in the state prison.
Seatbelts
The police can't stop you in Nevada for simply not using a seatbelt, because that's not considered a "primary" violation. However, if a person gets stopped for any other lawful reason, such as a mechanical or traffic violation, the officer must cite for the seatbelt. It's not considered a moving violation, and has no effect on a person's insurance or driving record.
Helmets & eye protection
This is a mandatory helmet state, although there are no warning signs that I'm aware of, that riders would notice when entering from neighboring states. The statute is rather vague, and several victims of helmet tickets and lobbying groups have tried to get the law either repealed or clarified through the courts. The law doesn't specifically address helmet construction or certification standards, but it does make vague reference to DOT/NHTSA standards via a section in the Nevada Administrative Code. Of course, novelty helmets don't meet safety standards, but a recent court ruling held that if a motorcycle rider is wearing what appears to be a helmet, novelty or not, then the cops don't need to mess with said rider.
Helmets aren't required on trikes, but eye protection is. Same with a motorcycle, if either type of vehicle isn't equipped with a transparent windshield that meets safety standards.
Indian reservations
Reservations are sovereign territory, and law enforcement functions are carried out by local tribal police or federal Bureau of Indian Affairs officers. Generally speaking, local law enforcement (city, county or state) has no jurisdiction on tribal lands, but may enlist assistance from tribal authorities in cases such as fresh pursuit onto tribal land. I only mention this because a number of Nevada highways traverse Indian reservations.
Drugs & paraphernalia
As of a few years ago, possession of less than 1 oz. marijuana is just a misdemeanor. The only reason I bring it up is to say that if a peace officer indicates that he can smell it on your person or in your vehicle, my best advice is to immediately produce the dime bag or pipe in your pocket, take the ticket, and move on. If he has to work for it (K9, search warrant, etc.), he's not likely to exhibit any leniency, and the next few days might be rather unpleasant.
Leave your meth at home! Don't you know that stuff is bad for you??!!
Reporting highway emergencies
Just dial *NHP (*647) or 911, and give the nearest milemarker or closest exit, and a good description of details.
Road conditions website
This website has the most current road conditions and construction advisories: https://www.nevadadot.com/traveler/roads/
Open range
Many of Nevada's highways are in Open Range country, meaning that livestock and wild critters are unencumbered by fences, and free to roam on or near the road surface. A driver involved in an accident on Open Range with critters or livestock are generally considered at fault and liable for damages to livestock. Drivers should exercise extreme caution and adjust speed accordingly when these signs are present, especially at night.
***ADMIN NOTE: This thread may be edited by the author to incorporate contributions by other members. Administrators then may delete those posts to keep the thread orderly. ***
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