In Nevada, some traffic crimes may seem like a citation, but it may actually be a misdemeanor where you would need to show up in court. A lot of people mistake their “ticket” for a simple traffic citation, when in reality it is summons to appear in court. In other words, while you were not arrested and booked at a jail, you were still cited for a misdemeanor. If you were cited for a misdemeanor, you must appear in court. Failure to appear could result in a warrant being issued for your arrest.
Pursuant to statute, it is within the discretion of the police officer on whether to arrest you for a traffic misdemeanor. However, certain actions will mandate a misdemeanor traffic arrest:
- When a person fails or refuses to furnish proper identification
- Failure to sign or acknowledge the traffic citation
- If the police officer has reasonable grounds to believe you will disregard the written promise to appear in court
- If you refuse to submit to a vehicle inspection or test
- If you refuse to submit your vehicle and load to a weighing OR refuse to remove excess weight
- If you, including commercial drivers, are charged with driving while under the influence of drugs or intoxicating liquor (DUI)
Here are some traffic misdemeanors that a police officer may give you a traffic citation and not arrest you:
- Driving a vehicle without proof of insurance
- Reckless Driving
- Driving on a revoked driver’s license
Other Vehicular Crimes
To be convicted of a vehicular crime, you must be driving or “in actual physical control” of the vehicle.
A vehicle is every device “upon which any person or property may be transported or drawn upon a highway.” This excludes trains, motorized wheelchairs, and/or horses. Other “vehicles” include scooters, mopeds, and motorcycles.
If you are involved in a motor vehicle accident that results in a death, and you are not under the influence of drugs or alcohol, and the accident results from your own negligent driving, you may be charged with vehicular manslaughter. Vehicular manslaughter is a misdemeanor and is punishable by up to 6 months in jail and up to a $1,000 fine.
DUI involving Serious Bodily Injury or Death
If you are involved in a motor vehicle accident that results in a death or serious bodily injury and you were under the influence of drugs or alcohol, you could be facing a Class B felony. This is a very serious crime. Unlike other Class B felonies, if convicted, you must serve a minimum of 2 years in prison, and you could serve up to 20 years. You will also be punished with a fine of not less than $2,000.
This charge is treated the same as a DUI involving Serious Bodily Injury or Death, except, this applies if you have previously been convicted of at least 2 prior DUIs. If this applies to your situation, you are likely facing a Class A Felony. This means you will be facing life with possibility of parole or a definite term of 25 years. For either of these sentences, you must serve a minimum of 10 years before you are eligible for parole.
As you can see, traffic offenses can be minor or life changing. If you or a loved one are facing any of the above charges, let the Wright Law Group, P.C. help you we are available 24/7. Call us immediately at (702) 405-0001. Our consultations are always free and confidential.