The Crime of Reckless Driving

Under NRS 484B.653, reckless driving is categorized as a criminal offense in Nevada that carries harsh penalties. Reckless driving occurs when a person does any of the following:

• Operates their vehicle in a manner that displays wanton or willful disregard for the safety of the public or property;
• Drives at high speeds in an unauthorized street race on a public highway or street; or
• Organizes an unauthorized street race on a public highway or street.

In many cases, reckless driving is a subjective offense that can be charged for a variety of actions, such as:

• Driving well over the speed limit
• Cutting off another vehicle and causing a collision
• Ignoring an officer’s order to stop the vehicle
• Running traffic lights or signs
• Striking shoulders and medians while driving

Penalties for Reckless Driving

Although it’s common for drivers to get frustrated while on the road, many people do not realize that driving recklessly can result in criminal charges and penalties. If you are convicted of reckless driving in Nevada, you will receive 8 demerit points on your driver’s license, and additional sentencing will be depend upon whether your offense was charged as a misdemeanor or felony.

Misdemeanor Reckless Driving
If your offense did not lead to death or injury, you will be charged with a misdemeanor. Your penalties could include up to 6 months in county jail, possible community service, and/or fines. The fines for reckless driving are determined by whether you have previously been convicted of the offense:

• First offense – fines of $250 to $1,000
• Second offense – fines of $1,000 to $1,500
• Third offense – fines of $1,500 to $2,000

Felony Reckless Driving

If your offense was the proximate cause of substantial injury or death to a victim, you will be charged with a Category B felony. Conviction for a Category B felony is punishable by:

• Incarceration in state prison for a minimum of 1 year to a maximum of 6 years; and
• Fines between $2,000 and $5,000. 

A reckless driving charge could have serious impact upon your driver’s license, your finances, and even your freedom, so don’t risk facing this challenge alone. Get an experienced criminal defense lawyer on your team as soon as possible to ensure that your rights are protected. Talk to our attorneys at De Castroverde Law Group to learn how we can help you fight a reckless driving charge in Las Vegas.

Driver’s License Suspension in Nevada

The Nevada DMV has the ability to suspend or revoke an individual’s license if they commit certain driving offenses or are convicted of certain crimes. The amount of time that the driver’s license is suspended will depend upon the specific offense and their driving record.

Losing your driver’s license for any amount of time will seriously impact your ability to get to work, take care of your family, and your insurance rates. In light of these consequences, it’s important to discuss your options with a lawyer right away so that you can fight a possible license suspension.

When is a driver’s license suspended?

The Nevada DMV will suspend or revoke your driving privileges if you commit certain offenses. Common types of suspensions include:

• Point Suspension – you accumulate 12 or more demerit points on your driving record within a 12-month period.
• DUI – you are convicted of driving under the influence of alcohol or drugs; or breath, blood or urine tests show that you were driving under the influence.
• Street Racing – you were involved in an illegal speed contest on a public highway or road.
• Collision with a Pedestrian or Bicyclist – you caused an accident involving a pedestrian or bicyclist.
• Failure to Appear – you don’t pay the fine for a traffic ticket on time or do not appear in court when required.
• Failure to Maintain Auto Insurance – you are convicted of failing to maintain insurance, you have repeatedly failed to have vehicle liability coverage, or you failed to maintain SR-22 insurance after having your license previously suspended or revoked.
• Failure to Properly Secure a Child – you are cited and convicted three or more times of failing to correctly restrain a child in your vehicle.
• Child Support – you are in arrears for payments for court-ordered child support.
• Graffiti – you are convicted of committing a graffiti offense.
• Drugs and Alcohol – you are a minor and are found guilty of possessing, using, distributing, or selling drugs; or you are found guilty of possessing, drinking, or buying alcohol.

If the Nevada DMV suspends your license, you will be notified of the length of time of your suspension by law enforcement or by certified mail. You will also be notified of whether or not you are entitled to an administrative hearing. To learn more about driver’s license suspensions and revocations, visit the DMV’swebsite.

If you are at risk of having your license suspended in the Las Vegas area, don’t wait to enlist the help of our experienced defense attorneys at De Castroverde Law Group. Contact our team today to discuss your charges and to learn about your possible defense options. 

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.

Understanding Nevada’s DMV Point System

In order to encourage individuals to drive safely in Nevada, the DMV employs a demerit point system in addition to tickets and fines for driving offenses. If you are cited for violating a traffic law anywhere in the state, demerit points will be assigned to your driving record. The number of points assigned will be based upon the alleged traffic offense.

If you receive 12 or more points within any 12-month period, your license will be suspended for 6 months. Below is a list of some of the most common traffic offenses in Las Vegas and the number of points you will get for committing the offenses.

Points for Speeding

• Driving 1-10 mph over the posted limit – 1 point
• Driving 11-20 mph over the posted limit – 2 points
• Driving 21-30 mph over the posted limit – 3 points
• Driving 31-40 mph over the posted limit – 4 points
• Driving 41 mph or more over the posted limit – 5 points

Points for Other Offenses

• Failure to dim your headlights – 2 points
• Driving too slow, impeding traffic – 2 points
• Texting or hand-held phone use (2 or more offenses) – 4 points
• Failure to yield to right-of-way – 4 points
• Passing a school bus with flashing signals – 4 points
• Following another vehicle too closely – 4 points
• Failure to obey a stop sign or traffic signal – 4 points
• Failure to provide aid or give your information at the scene of an accident – 6 points
• Careless Driving – 6 points
• Reckless Driving – 8 points

Getting a ticket may not seem like a big deal, but the points can add up fast and lead to harsh consequences. If you were wrongfully ticketed, an attorney can help you fight the citation and corresponding penalties. Visit our Traffic Tickets page to learn how De Castroverde Law Group can help.

Road Rage Leads to Murder in Las Vegas

According to Fox 5 News, Metro Police are investigating a shooting in the northwest part of Las Vegas that left one man dead. The Las Vegas Metro Police report that the shooting occurred around 1:45 a.m. on Saturday, across from a Santa Fe Station Casino located on Lone Mountain Road. Witnesses saw a man lying on the ground and called the authorities. When the officers arrived at the scene, the 23-year-old man had already died from multiple gunshot wounds.

Homicide detectives have learned that apparent road rage led to the violent dispute while the victim and another driver traveled down Lone Mountain Road. Witness testimony states that the other driver fired multiple times at the victim’s vehicle, fatally striking him, before speeding away. Police are currently searching for the suspect, who was driving a dark-colored vehicle that possibly has damage to the rear taillight.  

While people may joke about road rage and aggressive driving, these offenses are actually punishable by the Nevada DMV, and can even lead to criminal charges. According to the DMV, if a driver speeds, creates an immediate hazard, runs a red light, or tailgates over the course of one mile, then he can be prosecuted for aggressive driving independently of any other offenses. 

Minimum penalties for aggressive driving include a $250 fine, mandatory traffic school, and possible license suspension.  In some cases, such as in this tragic incident, road rage can lead to serious criminal charges, such as assault, battery, or weapons offenses.

If you have been charged with aggressive driving or a related criminal offense, don’t wait to retain the representation of an experienced Las Vegas criminal defense attorney. Our knowledgeable lawyers can protect your rights and advocate on your behalf before the courts. Call De Castroverde Law Group today or read our Traffic Tickets page for more information.