NRS 484D.310: Odometer Fraud, Rollback, and Tampering Laws in Nevada
Odometer fraud is a serious issue that affects used car buyers and sellers alike. It occurs when someone intentionally alters a vehicle’s mileage reading to make it appear less driven than it actually is. This deceptive practice can have significant financial and safety implications for unsuspecting consumers, as well as legal consequences for those who engage in it.
In Nevada, odometer tampering is considered a crime with severe penalties. Our firm understands the complexities of these cases and can help if you’re facing charges for odometer fraud.
If you or someone you know has been accused of odometer fraud or tampering, it’s important to consult with a criminal defense attorney right away. The Defenders is a team of experienced and dedicated legal professionals who are well-versed in Nevada laws including odometer fraud. We can provide you with the guidance and support you need to navigate this complex legal landscape.
Contact our office today to discuss your case for free.
What is Odometer Fraud
Definition of Odometer Fraud
Odometer fraud occurs when someone intentionally alters a vehicle’s mileage reading to make it appear less driven than it actually is. This misleading practice greatly affects used car buyers, potentially resulting in financial losses and posing safety risks..
Prohibited Actions Under NRS 484D.310
In Nevada, it is against the law to disconnect, reset, or alter a car’s odometer with the intent to change the number of miles shown. The state prohibits several actions related to odometer fraud:
- Disconnecting, resetting, or altering the odometer of any motor vehicle to change the mileage reading
- Changing the number of miles on an odometer
- Advertising, selling, or transferring a motor vehicle with a tampered odometer or false mileage to intentionally defraud someone
- Conspiring to engage in any of the above activities
These actions are considered illegal under both state and federal laws.
Types of Odometer Tampering
Odometer tampering can take various forms, including:
- Rollback: This involves reducing the mileage displayed on the odometer to make the vehicle appear less used.
- Disconnection: Operating a vehicle with a disconnected odometer to prevent mileage accumulation.
- Replacement: Swapping the original odometer with one showing lower mileage.
- Digital manipulation: Altering the mileage reading on modern digital odometers using specialized software or equipment.
It’s important to note that odometer fraud is not limited to individual sellers. Unscrupulous dealers may also engage in this practice, making it crucial for buyers to be vigilant when purchasing used vehicles.
Is Tampering the Odometer a State or a Federal Crime?
Odometer fraud is considered both a state and federal crime, with severe consequences for those who engage in this deceptive practice. In Nevada, tampering with a car’s odometer is illegal under state law, while federal regulations also prohibit this fraudulent activity across the United States.
Comparison of Nevada and federal regulations
Nevada law, specifically NRS 484D.300 to 484D.345, makes it unlawful to disconnect, reset, or alter a car’s odometer with the intent to change the mileage shown. The state also prohibits operating a vehicle on any highway knowing that the odometer has been tampered with or is non-functional. These violations are treated as misdemeanors, carrying penalties of up to six months in jail and/or a USD 1,000 fine.
On the federal level, the Motor Vehicle Information and Cost Savings Act, also known as the Odometer Act, provides comprehensive protection against odometer fraud. This law makes it illegal to disconnect, reset, or alter an odometer, as well as to give false statements regarding a vehicle’s mileage during ownership transfer.
How Federal Laws Impact Nevada Cases
Under federal law, odometer tampering is considered a felony offense. This classification carries more severe penalties than state-level misdemeanors, including fines of up to USD 250,000 and up to three years in federal prison.
Penalties for Odometer Fraud in Nevada
In Nevada, odometer fraud is taken seriously, with penalties ranging from misdemeanors to felonies depending on the severity of the offense. The state has implemented strict laws to protect used car buyers and deter individuals from engaging in this deceptive practice.
Criminal Penalties
The criminal penalties for odometer fraud in Nevada vary based on the specific actions and intent of the offender. Changing the miles on an odometer is considered a misdemeanor under Nevada law. Punishments for this offense include:
- fines of up to $ 1,000 and/or
- up to 6 months in jail.
However, the penalties become more severe if the offender knowingly sells a motor vehicle with an altered odometer for the purpose of defrauding someone.
In such cases, the offense is classified as a category C felony. The consequences for this felony include 1 to 5 years in Nevada State Prison and/or a fine of up to $10,000.
Civil Penalties
In addition to criminal penalties, individuals who commit odometer fraud may face civil penalties.
If someone suffers harm due to odometer tampering, they have the right to sue the offender. The person harmed can seek damages equal to three times their actual losses or $2,500, whichever is greater.
Furthermore, the offender may be required to pay the victim’s costs and reasonable attorney’s fees.
Additional Consequences
Odometer fraud can have far-reaching consequences beyond legal penalties. As with other crimes, those convicted of this offense may face damage to their reputation, loss of professional licenses, and difficulty finding employment in the automotive industry.
How We Can Help You Fight Odometer Fraud Charges
At our firm, we understand the complexities of odometer fraud cases and have the expertise to help you navigate the legal system effectively. Whether you’re facing charges, we’re here to provide comprehensive support and guidance.
Our team has extensive knowledge of Nevada’s vehicle laws, including the specific regulations surrounding odometer fraud. We stay up-to-date with the latest changes in legislation and enforcement practices, ensuring that we can provide you with the most current and relevant legal advice.
When you retain our experienced attorneys to handle your case, we’ll work tirelessly to build a strong defense on your behalf. Our team will:
- Review all available evidence, including vehicle documentation and any statements made to law enforcement.
- Analyze the specific charges against you and the potential penalties you may face.
- Identify any mitigating factors that could work in your favor.
- Develop a customized defense strategy based on the unique aspects of your situation.
By choosing our firm, you’re enlisting the help of experienced professionals who are committed to protecting your rights and fighting for the best possible outcome for your case.
Common Defense Strategies Against Odometer Fraud Charges
There are various defense strategies used in odometer fraud cases, depending on the specific circumstances of each case. Some common defenses include:
- Lack of intent: We can demonstrate that any discrepancies in the odometer reading were unintentional or due to mechanical failure rather than deliberate tampering. This defense is particularly relevant in cases where the vehicle’s odometer may have malfunctioned without the owner’s knowledge.
- Evidentiary issues: We’ll scrutinize all available documentation, including vehicle records and maintenance history, to identify any inconsistencies or gaps that could cast doubt on the allegations of odometer fraud.
For dealers accused of odometer fraud, we may focus on demonstrating compliance with federal and state regulations. The Truth in Mileage Act (TIMA) of 1986 requires sellers to disclose a vehicle’s mileage on the title during ownership transfer. By showing that the dealer followed these disclosure requirements, we can build a strong defense against fraud allegations.
These are just a few examples of the many possible defense strategies we may use to fight odometer fraud charges. Every case is unique, and our attorneys will tailor our approach to your specific circumstances.
What Should I Do if Im a Victim of Odometer Fraud and Tampering?
If you suspect you’re a victim of odometer fraud in Nevada, it’s crucial to take immediate action. First, contact the Nevada Department of Motor Vehicles’ Compliance Enforcement division to report the incident This agency has the authority to investigate and enforce regulations related to odometer tampering.
You can also file a complaint with the Bureau of Consumer Protection. These agencies have the resources to investigate and potentially take legal action against fraudulent dealers or sellers.
It’s important to consider legal action as well. Under federal and state law, you have the right to sue for damages. You may be entitled to recover a multiple of your actual damages or a fixed amount, whichever is greater, along with court costs and attorney’s fees.
By reporting the fraud and taking legal action, you’re not only protecting your own interests but also helping to combat this deceptive practice that affects many used car buyers.
Facing Odometer Fraud Charges?
Odometer fraud is a serious issue with significant consequences in Nevada.
The Defenders is committed to providing comprehensive legal representation for those facing odometer fraud charges.
Our experienced team will work tirelessly to defend your rights and achieve the best possible outcome for your case. With our help, you can fight back against these allegations and protect your reputation and future opportunities. Contact us today for a free consultation and see how we can help you combat odometer fraud charges.
Frequently Asked Questions
What is considered odometer fraud?
Odometer fraud, also known as odometer tampering, involves altering the mileage reading on a vehicle to make it appear to have traveled fewer miles than it actually has. This deceptive practice misleads potential buyers about the true condition and value of the vehicle, often resulting in an unfair sale price. This is considered illegal under both federal and state laws, with violators facing significant penalties.
What are the penalties for committing odometer fraud?
Penalties for odometer fraud can be severe, reflecting the serious nature of the offense. Offenders may be subjected to significant fines, including being liable for damages up to three times the actual losses incurred by the victim or a statutory amount (often around $2,500), whichever is greater. Convictions can also lead to imprisonment, and individuals may face civil litigation as well as professional repercussions, such as loss of business licenses.
I’ve been wrongly accused of odometer fraud. What can I do?
If you’re facing false allegations of odometer fraud, it’s crucial to seek the help of an experienced attorney as soon as possible. Our team at The Defenders can thoroughly investigate your case and build a strong defense on your behalf. We will work tirelessly to protect your rights and reputation and achieve the best possible outcome for your situation. Don’t hesitate to reach out for a free consultation today.
