Friday, May 30, 2014

What is Aggressive Driving?

Aggressive driving is a serious offense in Nevada that is punishable under NRS 484B.650. The law states that a person commits the crime of aggressive driving if, while continuously driving within the course of 1 mile, they:
  • Speed in a school zone, school crossing zone, work zone, or if the driver’s speeding is the proximate cause of a pedestrian or bicycle accident.
  • Do two or more of the following acts, or do any of the following acts more than once:
    • Fail to obey an official traffic control device;
    • Follow too closely behind another vehicle;
    • Overtake and pass another vehicle by driving on the unpaved portion to the right of the highway;
    • Drive unsafely or improperly on a highway with marked traffic lanes; and/or
    • Fail to yield the right of way.
  • Create an immediate hazard to another vehicle or another person, including both their own passengers and motorists in other vehicles.

Penalties for Aggressive Driving

Aggressive driving is charged as a misdemeanor offense in Nevada, and the penalties will depend upon whether the defendant has been charged with the offense previously.

First Offense
  • A fine of $250 to $1,000; or
  • A fine and incarceration in county jail for up to 6 months.

Second Offense
  • A fine of $1,000 to $1,500; or
  • A fine and incarceration in county jail for up to 6 months.

Third Offense and Subsequent Offenses
  • A fine of $1,500 to $2,000; or
  • A fine and incarceration in county jail for up to 6 months.

Additional Penalties
  • For the first offense in 2 years, the defendant must pay for and attend a DMV-approved traffic safety course. The court may also suspend the defendant’s driver’s license for up to 30 days.
  • For a second or subsequent offense of aggressive driving within 2 years, the court will revoke the defendant’s driver’s license for 1 year.
  • If the defendant was driving on a suspended or revoked license at the time of the offense, the court will order an additional period of license suspension or revocation.
  • The defendant will receive demerit points on their driving record according to the DMV’s Point System. If the driver successfully completes their traffic safety course, however, the DMV can cancel 3 of the demerit points from their record.
If you are charged with aggressive driving in the Las Vegas area, don’t wait to discuss your defense options with an experienced lawyer. Visit our Traffic Tickets page to learn how De Castroverde Law Group provides smart defense to clients facing serious traffic charges.