Drivers who hit a pedestrian or cyclist by "failing to stop for school crossing guard" in Nevada face prosecution for reckless driving. If the victim sustained serious injuries, the judge may impose one to six (1 - 6) years in Nevada State Prison and up to $5,000 in fines.
Reckless driving carries a Nevada driver's license demerit point penalty of eight (8) points. If the driver's failure to stop did not result in a collision, the demerit point penalty is only four (4) points.
In many traffic cases, prosecutors are amenable to reducing charges or possibly dismissing them. The most important thing is that people charged with traffic offenses not ignore them; otherwise, the judge may retaliate by eventually issuing a bench warrant.
In this article our Las Vegas traffic ticket attorneys answer frequently-asked-questions about the laws for obeying school crossing guards in Clark County and throughout Nevada, including how to fight charges, potential punishments, demerit point penalties, and record seals. Click on a topic below to jump to that section:
- 1. What are the laws for "failing to stop for school crossing guard" in Las Vegas, NV?
- 2. How do I fight charges of "failing to stop for school crossing guard" in Las Vegas, NV?
- 3. What are the penalties for "failing to stop for school crossing guard" in Las Vegas, NV?
- 4. Can I get my charge reduced to a non-moving violation in NV?
- 5. How many points will go on my NV driver's license?
- 6. Will my auto insurance rates go up?
- 7. Do I have to do traffic school?
- 8. What will happen if I ignore my case?
- 9. What will happen to my commercial driver's license?
- 10. What will happen to my out-of-state driver's license?
- 11. When can I seal my case in NV?
- 12. Will I get deported?
- 13. Should I fight my charge or just plead guilty?
- 14. Can I go to trial?
- 15. Do I need an attorney?
If you were a pedestrian or cyclist harmed by a driver, you may be entitled to money damages. Contact our Las Vegas personal injury attorneys to learn how we can help.
All drivers in Nevada must stop when a school traffic guard directs them to. Specifically, drivers must:
- stop in obedience to the direction or traffic-control signal of a school crossing guard; and
- not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.
If the alleged "failure to stop" results in a collision with a pedestrian or bicyclist, the driver faces reckless driving charges.
Note that “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.1
Also see our article on the Nevada crime of speeding in a school zone.
The two most common defenses to Nevada charges of violating NRS 484B.350 are:
- The driver did stop, and the crossing guard simply was mistaken; or
- The crossing guard did not adequately signal to the driver to stop
Some evidence that may come into these types of cases include:
- surveillance video;
- photographs; and/or
- eyewitness testimony
As long as the prosecutor cannot prove guilt beyond a reasonable doubt, the defendant should not be convicted.2
The punishment turns on whether the failure to stop resulted in a collision with a pedestrian or bicyclist:
3.1. No collision with pedestrian or cyclist
Failing to stop at the direction of a school crossing guard without causing an accident with a pedestrian or cyclist is a misdemeanor. The sentence is up to six (6) months in jail and/or up to $1,000 in fines. The fine in Las Vegas is around $395.3
3.2. Collision with pedestrian or cyclist (reckless driving)
The reckless driving penalties for causing a collision with a pedestrian or cyclist for "failing to stop at the direction of a school crossing guard" depends on whether victim sustained substantial bodily harm. If the victim sustained no substantial bodily harm, "failing to stop for a school crossing guard" is a misdemeanor. The punishment includes:
- A first-time conviction carries $250 to $1,000 in fines and 50 to 99 hours of community service.
- A second-time conviction carries $1,000 to $1,500 in fines and 100 to 199 hours of community service.
- A third-time or subsequent conviction carries $1,500 to $2,000 in fines and 200 hours of community service.
The court may also sentence the driver to up to six (6) months in jail.
If the alleged failure to stop caused substantial bodily harm or death to a pedestrian or cyclist, the driver faces reckless driving charges as a category B felony. The sentence is imprisonment of one to six (1 - 6) years and fines of $2,000 to $5,000.4
Possibly, especially in cases where the incident did not result in injury. In the end, it depends on the facts of the case, the available evidence, and the prosecutor assigned to the case.
People charged with violating NRS 484B.350 without causing an accident will have four (4) points added to their Nevada driver's license. Meanwhile, people charged with reckless driving will have eight (8) points added to their driver's license.5
If a driver's license ever accrues twelve (12) or more points, the driver will have his/her license suspended for six (6) months. But the driver can try to fight the Nevada DMV's suspension at a DMV hearing, which is like a mini-trial. 5 Note that driving on a suspended license is a crime carrying up to six (6) months in jail and/or up to $1,000 in fines.6
In most cases, yes. Therefore, people charged with this traffic offense are encouraged to hire an attorney to try to get the charge reduced to a non-moving violation that does not cause insurance rates to increase.
7. Do I have to do traffic school if I get charged with "failing to stop for school crossing guard" in Las Vegas, Nevada?
It depends on which court and which judge is assigned to the case. Although traffic school is a pain, many judges will reduce the charge to a non-moving violation or a full dismissal if the driver agrees to complete an online traffic school class.7
Las Vegas judges take missed court appearances and late fines very seriously by issuing bench warrants for the defendants' arrest after a 30-day grace period. And defendants late on their fine payments should not get a bench warrant unless they are given the opportunity to do community service in lieu of their fine payment -- and then fail to do it.
If a defendant gets a bench warrant, he/she may be arrested at any time and held pending further court proceedings. In order to get a warrant recalled ("quashed"), the defendant's attorney would need to file a "motion to quash" and appear at a court hearing to try to convince the judge to release the defendant.8
If the driver is charged with reckless driving, both his/her non-commercial license and commercial driver's license (CDL) will have eight (8) points added to them. If the driver is charged with "failing to stop for a school crossing guard," both his/her non-commercial driver's license and CDL will have four (4) points added to them.
Also, CDL-holders are legally mandated to notify their employer about the incident within 30 days.9
9.1. CDL Suspension
Federal law categorizes reckless driving as a "serious offense" for CDL-holders. So CDL-holders who get two (2) serious offenses within a three (3) year time span will have their CDL suspended for 60 days. A third serious offense within a three (3) year period results in a 120-day CDL suspension.10
Schedule a consultation with an attorney in the home state to discuss. Every state's DMV is different, though they do try to impose similar penalties.
It depends on whether the driver was convicted of a misdemeanor or a felony. If the driver was convicted of a misdemeanor, the conviction can usually be sealed once one (1) year has passed since the case closed. The waiting period increases to five (5) years after the case closed if the driver was convicted of a felony.11
There is no waiting period to pursue a record seal if the charge gets dismissed (no conviction).12
Failing to stop at a school crossing guard's direction is not a deportable crime. However, U.S. immigration laws are in a constant state of flux. Immigrants are encouraged to speak with an experienced attorney whenever they are facing criminal charges to discuss how it may affect their resident status. Read more about the criminal defense of immigrants in Nevada.
Yes, it always pays to try to fight traffic charges. If the prosecutor agrees to a charge reduction or dismissal, it could save the defendant time, money, and possibly save his/her license.
Defendants facing only a misdemeanor charge may have a bench trial (where the verdict is determined by a judge). Defendants facing felony charges can choose to have either a bench trial or a jury trial.
That being said, the vast majority of cases for "failing to stop for school crossing guard" settle and do not proceed to trial.13
Defendants facing criminal charges should always retain private counsel when possible. Once a defendant is represented, he/she usually does not have to appear in court. And attorneys are very skilled in getting the best possible plea deals.
Charged with not stopping at a school crossing guard? Call a Nevada criminal defense attorney...
Were you arrested in Nevada for a traffic offense? To schedule a FREE phone meeting, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) 24/7. We will pursue a charge reduction or dismissal while fighting to save your license and keep you out of jail.
Were you a pedestrian or bicyclist injured by a driver? Our Las Vegas car accident attorneys are here for you. We may be able to win you substantial money damages to cover all your bills, losses, and pain and suffering. And our fee is zero unless you win.
- NRS 484B.350.
- See id.
- NRS 484B.653.
- NAC 483.500; NAC 483.510; Nevada DMV Violation Codes.
- NAC 483.764.
- See, e.g., Las Vegas Justice Court Traffic School.
- NRS 173.155; see, e.g. motion to place on calendar to quash the warrant at Las Vegas Justice Court; Nevada DMV Suspension.
- NAC 483.500; NAC 483.510.
- 49 CFR §383.51.
- NRS 179.245.
- NRS 179.255.
- Sixth Amendment.