NRS 484B.650: Everything You Need to Know About Aggressive Driving in Nevada
Driving aggressively is considered a severe violation in Nevada, and it can lead to severe consequences. NRS 484B.650 outlines the penalties for violating this law, as well as other relevant considerations related to aggressive driving charges.
In this article, we will explain everything you need to know about NRS 484B.650 including what constitutes aggressive driving, the potential penalties associated with it, how to avoid an aggressive driving charge in Nevada and steps to take if you’ve already been charged with the offense.
If you or someone you know has been accused of aggressive driving in Nevada, reach out to our experienced criminal defense attorneys for legal representation and guidance. The Defenders is available 24/7 to answer your questions regarding NRS 484B.650 and other relevant criminal laws in Nevada.
What NRS 484B.650 Say About Aggressive Driving
NRS 484B.650 is an Nevada Revised Statute that defines and outlines the penalties for aggressive driving offenses, which are generally more severe than those imposed for other moving violations. The statute reads,
1. A driver commits an offense of aggressive driving if, during any single, continuous period of driving within the course of 1 mile, the driver does all the following, in any sequence:
(a) Commits one or more acts of speeding in violation of NRS 484B.363 or 484B.600.
(b) Commits two or more of the following acts, in any combination, or commits any of the following acts more than once:
(1) Failing to obey an official traffic-control device in violation of NRS 484B.300.
(2) Overtaking and passing another vehicle upon the right by driving off the paved portion of the highway in violation of NRS 484B.210.
(3) Improper or unsafe driving upon a highway that has marked lanes for traffic in violation of NRS 484B.223.
(4) Following another vehicle too closely in violation of NRS 484B.127.
(5) Failing to yield the right-of-way in violation of any provision of NRS 484B.250 to 484B.267, inclusive.
(c) Creates an immediate hazard, regardless of its duration, to another vehicle or to another person, whether or not the other person is riding in or upon the vehicle of the driver or any other vehicle.
According to Nevada law, you commit aggressive driving if you commit all the following within the course of one mile (in no particular order):
- Drive above the speed limit
- Commits specific driving offenses
- Creates an immediate hazard to others
In other words, the law seeks to punish drivers who exhibit a combination of unsafe and illegal driving behaviors. These always include both speeding and driving in such a way that creates a hazard to a person or other vehicle.
If combined with at least two of the following acts, or commits an act more than once, it will be considered aggressive driving:
- Failing to obey traffic control devices, such as a stop sign or light
- Overtaking and passing another vehicle on the right by driving off the paved portion of the highway
- Improper or unsafe driving upon a highway that has marked lanes for traffic
- Following another vehicle too closely (aka tailgating)
- Failing to yield the right of way.
How Does Aggressive Driving Differ from Reckless Driving
The same driving behavior can be categorized as both aggressive and reckless driving in real-life situations. However, reckless driving entails “less” elements that prosecutors must prove than an aggressive driving charge.
For example, you may be charged with reckless driving if your speed is found to be 20 mph more than the posted speed limit or if you fail to yield right of way. On the other hand, an aggressive driving charge requires that the prosecutor prove that all three elements were met within a single continuous period of driving.
Penalties for Aggressive Driving in Nevada
If you’ve been charged with aggressive driving in Nevada, it’s important to understand what’s at stake and the potential penalties that may be imposed.
A conviction of aggressive driving results in a misdemeanor charge. The judge may impose fines for the misdemeanor, but there is also a chance of receiving jail time. Note that the penalties become more severe for subsequent convictions.
- First offense
- Fines between $250 – $1,000; and/or
- Jail time up to 6 months
- Second offense
- Fines between $1,000 and $1,500; and/or
- Jail time up to 6 months
- Third (and subsequent) offense
- Finds between $1,500 and $2,000; and/or
- Jail Tim up to 6 months
Lastly, as with most violations, penalties are doubled in work zones and pedestrian safety zones.
Other Penalties Associated with Aggressive Driving
In addition to fines and jail time, there is a possibility of losing your license.
In subsection 4 of the statute, it reads:
4. In addition to any other penalty pursuant to subsection 3:
(a) For the first offense within 2 years, the court shall order the driver to attend, at the driver’s own expense, a course of traffic safety approved by the Department and may issue an order suspending the driver’s license of the driver for a period of not more than 30 days.
(b) For a second or subsequent offense within 2 years, the court shall issue an order revoking the driver’s license of the driver for a period of 1 year.
This means that if you’re convicted of aggressive driving, the court can suspend or even revoke your license for a period of time—up to 30 days for the first offense within 2 years, and up to 1 year for the second or subsequent offense within 2 years.
You may also be required to attend defensive driving or traffic school if the judge orders it.
Lastly, if you’re convicted of aggressive driving, demerit points will be added to your driver’s license depending on the offense. Remember, accruing 12 demerit points in any 12-month period can result in 6-month license suspension.
Common Defenses to Aggressive Driving Charges
If you are charged with aggressive driving in the state of Nevada, you may be wondering about your legal options.
Fortunately, there are several defenses that can be made to challenge these charges and potentially have them reduced or dismissed entirely. Here are some of the most common defenses for aggressive driving charges in Nevada:
- The driver was not over-speeding
- The driver did not create a hazard to another vehicle or person
- The defendant was not the driver of the car in question
- The defendant was experiencing a medical episode, like a seizure, during the traffic offense
- The wrong driver was pulled over by the police
- The defendant did not do anything illegal, and the police officers were mistaken
In order to build a strong defense, potential evidence may include surveillance video, dashcam video, eyewitness testimony, and medical records.
If the case goes to trial, the prosecution will be responsible for proving guilt. If your defense attorney can raise reasonable doubt about whether or not the defendant did something illegal, the District Attorney may choose to reduce or dismiss the charges.
Steps to Take if You’ve Been Charged with Aggressive Driving in Nevada
If you are facing charges for aggressive driving in Nevada, there are several defenses that you can make to challenge those charges. Regardless of the specifics of your situation, it’s always best to seek out the help and guidance of an experienced criminal defense attorney. Your lawyer can help evaluate your case and build a strong defense that will protect your rights and keep you out of jail.
The Defenders are here to help. Our attorneys are experienced in handling aggressive driving charges, and we will work with you every step of the way to ensure that your case is resolved favorably. We understand how stressful these kinds of cases can be, so let us take the lead and fight for you.
Contact us today to schedule a free consultation.