"Failing to Yield to Traffic Incidents" in Nevada
(NRS 484B.607)

Failing to yield to a traffic incident carries a fine of $395 as well as four (4) driver's license demerit points. It does not matter whether the vehicle is an ambulance, police car, or fire truck.

As with most traffic tickets, Nevada courts are usually willing to reduce a charge for failing to yield to a traffic incident to a non-moving violation or even a full dismissal. The most important thing is not to ignore traffic tickets because judges will not hesitate to issue a bench warrant to people who miss court or skip out on a fine payment.

In this article our Las Vegas traffic ticket attorneys answer frequently-asked-questions about failing to yield to a traffic incident in Clark County and throughout Nevada. We explain defenses, punishments, demerit points, record seals, and more. Click on a topic below to jump directly to that section:

If you have been injured by someone failing to yield to a traffic incident vehicle, you may be owed a significant financial reward. Contact our Las Vegas personal injury attorneys to learn more. Also see our related article on failure to yield to a cyclist.

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Failing to yield to an abulance carries a $395 fine in Las Vegas.

1. Is "failing to yield to a traffic incident" illegal in Las Vegas, Nevada?

Yes. A traffic incident means any vehicle, person, condition or other traffic hazard which is located on or near a roadway and which poses a danger to the flow of traffic or to a person involved in, responding to or assisting with the traffic hazard. The term includes, without limitation:

  1. An authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480;
  2. A tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748;
  3. An authorized vehicle used by the Department of Transportation which is stopped or moving at a speed slower than the normal flow of traffic and which is making use of flashing amber warning lights meeting the requirements of subsection 1 of NRS 484D.185 or lamps that emit nonflashing blue light meeting the requirements of NRS 484D. 200;
  4. A public utility vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.195;
  5. An authorized vehicle of a local governmental agency which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
  6. Any vehicle which is stopped or moving at a speed slower than the normal flow of traffic and is making use of flashing amber warning lights meeting the requirements of NRS 484D.185;
  7. A crash scene;
  8. A stalled vehicle;
  9. Debris on the roadway; or
  10. A person who is out of his or her vehicle attending to a repair of the vehicle.

In Nevada when a driver approaches a traffic incident, the driver is expected to do the following four things:

  1. Decrease the speed of the vehicle to a speed that is reasonable and proper;
  2. Proceed with caution;
  3. Be prepared to stop; and
  4. If possible, drive in a lane that is not adjacent to the lane or lanes where the traffic incident is located unless roadway, traffic, weather or other conditions make doing so unsafe or impossible.

In short, Nevada drivers should slow down and take care when passing traffic incidents[1]

Also see our related article for failing to yield to tow trucks in Nevada.

2. How do I fight charges for "failing to yield to a traffic incident" in Las Vegas, Nevada?

Effective evidence to fight charges of "failure to yield to a traffic incident" includes:

  • surveillance video that shows that the defendant did yield and/or that any emergency vehicles were not flashing lights and not stopped as required;
  • photographs that show that any emergency vehicle were not stopped or not flashing lights; and/or
  • eye-witnesses that can attest to the defendant yielding or to the emergency vehicle not being stopped or not flashing lights

Unless the incident resulted in an accident, it is unlikely a Nevada traffic case for failure to yield to a traffic incident will result in significant litigation. Most prosecutors are willing to reduce or drop the charges without the defendant having to fight the charge on the merits.

3. What are the penalties for "failing to yield to a traffic incident" in Las Vegas, Nevada?

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If the incident occurred in the city of Las Vegas, the fine is $395. If the incident happened in a work zone, the fine could be up to $790.

Note that Nevada does designate traffic violations as "infractions" like California does. Nevada traffic violations are misdemeanors, which carry up to $1,000 in fines and/or up to six (6) months in jail. But judges do not usually impose jail in traffic cases.[2]

4. Can I get a charge for "failing to yield to a traffic incident" reduced to a non-moving violation in Las Vegas, Nevada?

Most Nevada judges are amenable to reducing moving violations, such as failing to yield, to a non-moving violation.

5. How many points will "failing to yield to a traffic incident" put on my driver's license in Las Vegas, Nevada?

People cited for failing to yield to a traffic incident in Nevada will have four (4) demerit points put on their driver's license by the Nevada DMV. These demerit points wills remain on the driver's license for a full year. Getting twelve (12) points on a driver's license will cause it to be suspended for six (6) months.[3]

If a person's Nevada driver's license has been suspended, he/she can fight the suspension in a DMV hearing. It is similar to a trial, and it is recommended that the person hire an attorney to appear for him/her.

As long as a person's driver's license is suspended, he/she should not drive. Otherwise, he/she faces charges for driving with a suspended license, a misdemeanor that carries up to six (6) months in jail and/or up to $1,000 in fines.[4]

6. Will "failing to yield to a traffic incident" in Las Vegas, Nevada cause my auto insurance rates to go up?

Yes, all moving violations do. That is another reason the driver should retain a lawyer to try to fix the ticket so it becomes a non-moving violation, which should not affect insurance.

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7. Do I have to do traffic school if I get cited for "failing to yield to a traffic incident" in Las Vegas, Nevada?

Not necessarily. Nevada judges will usually close out a traffic case for failing to yield to a traffic incident once the defendant pays a fine. However, completing Level 1 Nevada Traffic school may get the charge reduced to a non-moving violation. This way, the defendant gets no demerit points.[5]

8. What happens if I ignore my ticket for "failing to yield to a traffic incident" in Las Vegas, Nevada?

The judge will issue a warrant for the person's arrest, and the Nevada DMV may suspend the person's driver's license. Getting a warrant recalled requires filing a motion with the court and having a hearing, so it is advised that defendants hire an attorney to handle this process. Then the judge would need to issue an "FTA clearance" so the DMV can "un-suspend" the defendant's license.[6]

9. How will "failing to yield to a traffic incident" affect my commercial driver's license in Las Vegas, Nevada?

Failing to yield to a traffic incident will cause four (4) demerit points to be added to the defendant's commercial driver's license (CDL) as well as to his/her regular driver's license. CDL-holders also have to tell their employer about the traffic violation within thirty (30) days.[7]

10. What happens to my out-of-state license if I "fail to yield to a traffic incident" in Las Vegas, Nevada?

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Every state's DMV is different, so it is advised to seek legal counsel from a home-state attorney. All the DMVs communicate with each other, so it is likely the home state DMV will impose the same demerit penalty that it would if the incident occurred in the home state.

11. When can I seal a conviction for "failing to yield to a traffic incident" in Las Vegas, Nevada?

If the person gets convicted, there is a one (1) year waiting period (starting after the case ends) to begin the record seal petition process.[8] But if the person does not get convicted (because the charges get dropped or he/she gets acquitted at trial), then he/she can commence the record seal petition process right away.[9]

12. Will I get deported for "failing to yield to a traffic incident" in Nevada?

Failing to yield to a traffic incident is not a deportable crime. But immigrants are encouraged to hire an attorney even when they are charged with minor crimes since immigration law is in a constant state of flux. Learn more about the criminal defense of immigrants in Nevada.

13. Should I fight my "failing to yield to a traffic incident" citation in Las Vegas, Nevada or just pay the fine?

By all means, fight it. Most prosecutors are willing to reduce charges or possibly dismiss them. Escaping a conviction and demerit points is worth the extra time it takes to fight a traffic ticket.

14. Can I go to trial for "failing to yield to a traffic incident" in Las Vegas, Nevada?

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People cited for a traffic violation in Nevada rarely resort to trial because they can usually negotiate a favorable plea deal. But if they want, they have the right to a bench trial (where the judge determines the verdict) but not a jury trial.[10]

15. Do I need an attorney if I "failed to yield to a traffic incident" in Las Vegas, Nevada?

Everyone has the right to represent him/herself, but it is rarely a good idea. An experienced traffic defense attorney knows how to negotiate the best deals. And barring extenuating circumstances, traffic ticket defendants never need to show up to court if they have an attorney.

15.1. Las Vegas Justice Court "attorney sessions"

Las Vegas Justice Court has jurisdiction over thousands of traffic tickets issued every month in the incorporated section of Las Vegas. The court holds biweekly "attorney sessions" on Tuesdays and Thursdays where the prosecution and defense can resolve traffic tickets quickly. So whereas lots of criminal cases may take weeks or months to play out, most traffic tickets in Las Vegas can be dealt within the week .

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Call our Las Vegas traffic ticket attorneys at 702-DEFENSE for a FREE consultation.

Traffic ticket? Call a Nevada criminal defense attorney...

Were you cited for failing to yield to a traffic incident in Clark County, Washoe County, or elsewhere in Nevada? You entitled to a FREE consultation with our Las Vegas criminal defense attorneys today. Call us at 702-DEFENSE (702-333-3673) 24/7. Our attorneys have decades of combined experience in getting traffic tickets lessened to non-moving violations with minimum fines, zero demerit points, and no traffic school.

Were you or a loved one harmed because someone failed to yield to a traffic incident in Nevada? You could be entitled to a large financial settlement, even if you partly contributed the accident. Our Las Vegas car accident attorneys will fight zealously to get more than enough compensation to cover your medical bills, pain and suffering, lost wages, and loss of future earnings. In most cases, we will not even have to go to trial to get you money.

Legal References:

  1. NRS 484B.607; Nevada DMV Violation Codes; the Nevada DMV refers to failing to yield to a traffic incident as FTY row to emergency vehicle (i.e. ambulance, fire equipment, police, etc.), Violation Code 422 or ACD Code N04. And Las Vegas Municipal Court refers to this offense as Violation Code 704; NV Senate Bill 312 (2017).
  2. NRS 484B.607; NRS 484B.130.
  3. NAC 483.500; NAC 483.510.
  4. NAC 483.764.
  5. See, e.g., Traffic School Information, North Las Vegas Municipal Court; Las Vegas Justice Court Traffic School.
  6. NRS 173.155; see, e.g. motion to place on calendar to quash the warrant at Las Vegas Justice Court; Nevada DMV Suspension.
  7. NAC 483.500; NAC 483.510.
  8. NRS 179.245.
  9. NRS 179.255.
  10. Sixth Amendment.

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