Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Nevada DUI Laws to learn more.
Do pedestrians always have the right of way in Nevada?
In Nevada, pedestrians always have the right of way at marked- and unmarked crosswalks unless a traffic sign or traffic officer is signaling otherwise. Even though jaywalking is illegal, oncoming traffic must yield to jaywalkers in order to avoid a collision.1
Can I be arrested for jaywalking?
If police suspect you of jaywalking in Nevada, police typically will just issue you a citation for a civil infraction.
Civil infractions carry no jail time and a maximum $100 penalty.2 In the City of Las Vegas, the civil penalty plus costs is $163.3
Three common defenses to jaywalking charges are:
You were on a crosswalk, and the police made a mistake.
You never jaywalked, and police mistook you for someone else (“mistaken identity”).
Any reasonable person in your situation would have jaywalked under the circumstances. An example would be fleeing an assailant, an unleashed dog, or a falling tree branch.
Can I be arrested for failing to yield to a pedestrian?
In addition, the Nevada DMV will add eight DMV points to your driver’s license. Plus the criminal penalties can potentially double if the incident occurred in a pedestrian safety zone.6
The best way to fight failure to yield charges is to compile as much evidence as possible to weaken the state’s case. Examples include:
video surveillance footage from mounted traffic cameras
GPS data from your car
Pedestrians injured at crosswalks may have negligence claims against the motorists who hit them.
What do I sue for if I was hit at a crosswalk?
If you were a pedestrian injured by an automobile, motorcycle, or bicyclist at a Nevada crosswalk, you likely have grounds to sue the driver/rider for negligence and negligence per se.
If the motor vehicle or bike were somehow defective, you may also have a products liability claim against the manufacturer. If the traffic light was broken (such as signaling you to walk while giving oncoming traffic a green light), you have grounds to sue the city as well.
Depending on the case, you may be able to recover money damages to cover all your
Note that even if you were partially at fault – such as by crossing against the signal or outside of the crosswalk – you still may be eligible for a financial recovery as long as you were no more than 50% at fault.7
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.