NRS 484B.130 is the Nevada statute that doubles the fine for speeding in a work zone. So whereas exceeding the speed limit in Las Vegas may carry a $205 penalty, speeding in work areas would up the fine to $410.
It is often possible to reduce an NRS 484B.130 violation to a non-moving offense with no Nevada demerit points. The most important thing is that drivers do not ignore their tickets. If they do, a Nevada judge may issue a bench warrant for their arrest.
In this article, our Las Vegas traffic ticket attorneys answer frequently-asked-questions about speeding in a work zone in Clark County and throughout Nevada, including defenses, punishments, demerit points, record seals, and more. Click on a topic below to jump directly to that section:
- 1. What are the laws for driving too fast in a work area in Nevada?
- 2. How do I fight the charges?
- 3. What are the penalties under NRS 484B.130?
- 4. Can I get the charge reduced to a non-moving violation?
- 5. How many demerit points will go on my driver’s license?
- 6. Will my car insurance premiums go up?
- 7. Do I have to do traffic school?
- 8. What will happen if I ignore my ticket?
- 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 record?
- 12. Will I get deported?
- 13. Should I fight my ticket?
- 14. Can I go to trial?
- 15. Do I need an attorney?
If you have been injured in a Nevada work area by a vehicle that sped, contact our Las Vegas personal injury attorneys to learn more. You may be eligible for large compensatory damages.
1. What are the laws for speeding in a work zone in Nevada?
Like it sounds, speeding in a work zone means exceeding the speed limit in a construction area. Note that speeding in a work zone is not a separate misdemeanor offense from speeding. Rather, it is an added penalty for the underlying speeding charge.
In order for an area of the road to become a work zone in Nevada, government workers (or contractors) must erect three things:
- A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section;
- A sign to mark the beginning of the temporary traffic control zone; and
- A sign to mark the end of the temporary traffic control zone.
Note that Nevada law also levies extra penalties for speeding in a “temporary traffic zone,” which do not have the same sign requirements as work zones. Instead, temporary traffic zones are either:
- Pursuant to an emergency which results from a natural or other disaster and which threatens the health, safety or welfare of the public; or
- On a public highway where the posted speed limit is 25 miles per hour or less and that provides access to or is appurtenant to a residential area.1
2. How do I fight the charges?
It is rare that speeding ticket defendants have to fight the charges on the merits since most traffic matters settle pretty quickly to the defendant’s satisfaction. But in case things do progress to litigation, two common defenses to Nevada charges of speeding in a work zone are:
- No work area. If the road did not have the proper signage and traffic control devices mandated by law, then the driver of a vehicle had no notice that it was a work area and should not be penalized for speeding in a work area.
- No speeding. Maybe the law enforcement officer’s speed radar was malfunctioning, or the speed limit was higher than the police officer realized. Either way, the defendant committed no crime.
In building a defense, the driver’s attorney would try to compile surveillance video, photographs, and eyewitnesses to help show that the driver was not speeding in a school zone and that the state’s evidence is too insufficient and unreliable to sustain a guilty verdict.
Note that a lack of signs does not necessarily relieve a driver of criminal liability if the speeding caused $1,000 or more in property damage or injury to a construction worker.
3. What are the penalties under NRS 484B.130?
The fine for driving a motor vehicle too fast in a work area is twice the amount of speeding elsewhere. In other words, the penalty for speeding in a work zone is the punishment for speeding in a non-work zone plus an additional sentence equal to the original penalty – hence, double the original penalty. 2
If the speeding is charged as a crime, the additional penalty cannot exceed $1,000, 6 months of jail, or 120 hours of community service. If the speeding is charged as a civil infraction, the additional penalty cannot exceed $250.
Learn more about Nevada work zone penalties.
4. Can I get a charge reduced to a non-moving violation?
It is very possible, especially for a first offense, a second offense, or possibly a subsequent offense for violating traffic laws. Having an attorney is usually the best bet for getting moving traffic violations reduced or possibly dismissed.
5. How many demerit points will go on my driver’s license?
Predictably, the Nevada DMV puts more demerit points on a person’s license the faster they speed:
|Miles per hour (mph) above the speed limit in Nevada||Nevada DMV Demerit Points|
|1 – 10 mph||1|
|11 – 20 mph||2|
|21 – 30 mph||3|
|31 – 40 mph||4|
|41 or higher mph||5|
Demerit points are not forever. They remain on driver’s licenses for only one (1) year before disappearing. But having twelve (12) or more demerit points will results in a six (6) month driver’s license suspension. So people with speeding tickets should consider trying to get them reduced to a non-moving violation, with carries no demerit points.5
For people whose licenses have already been suspended, it may be possible to get the license reinstated by having a DMV Hearing. A DMV hearing is like a trial, and there is an administrative judge who determines whether the person’s license was wrongly suspended. As with any judicial proceeding, people are encouraged to have an attorney appear for them at a DMV hearing.
People with a suspended license are advised not to press their luck and drive anyway. Driving on a suspended license is a misdemeanor in Nevada that carries up to six (6) months in jail and/or up to $1,000 in fines. 6
6. Will my car insurance premiums go up?
Yes. Consequently, anyone charged with a traffic violation should consider trying to fight the ticket in pursuit of a charge reduction or dismissal.
7. Do I have to do traffic school?
Usually no. But if the defendant wants to get the speeding charge reduced to a non-moving violation, doing traffic school may be the only way to go. Non-moving violations are much better to have than tickets for speeding because non-moving violations carry no demerit points.5
8. What will happen if I ignore my ticket?
People who miss court or fine deadlines get a 30-day grace period before the court will issue a bench warrant. And if the person fails to pay the fine, the judge may not issue a bench warrant until this happens: The person is given the opportunity to do community service in lieu of the payment, and the person then fails to do the community service.
People with outstanding bench warrants risk getting arrested at any time, especially if they get pulled over for a traffic violation.
In order to get a judge to recall (“quash”) a bench warrant, the defendant should hire an attorney to file a “motion to quash” with the court and appear at a court hearing. In most cases, the defendant should not have to appear in court at the hearing as long as he/she hires an attorney.
In some cases, the Nevada DMV will suspend a person’s driver’s license for not showing up to court. When that happens, the defendant’s attorney can ask the court for an “FTA (failure to appear) clearance” to get the license reinstated.6
9. What will happen to my commercial driver’s license?
The DMV imposes identical demerit point penalties on both a person’s non-commercial driver’s license as well as his/her commercial driver’s license (CDL). So if someone pleads guilty to speeding 30 miles over the limit, the DMV will append three (3) points to the person’s driver’s license as well as three (3) points to the person’s CDL. It makes no difference if the person was not driving a commercial vehicle at the time of the speeding.
When a CDL holder gets a traffic ticket, he/she has to inform his/her boss within thirty (30) days of the citation being issued.7
9.1. CDL Suspension
Federal law considers it a “serious offense” for a CDL-holder to operate a commercial vehicle at 15 miles per hour or faster above the speed limit. A CDL-holder who commits two (2) such serious offenses within a three (3) year span will have their CDL suspended for 60 days. A third offense within a three (3) year period carries a 120 day CDL suspension.8
10. What will happen to my out-of-state license?
The consequences vary state-to-state. Seek out an attorney in the home state to learn how its DMV will penalize the person’s driver’s license for a Nevada traffic offense. In many cases, the home state DMV hands down the same demerit point penalty that if would if the offense transpired in the home state.
11. When can I seal my record?
All Nevada speeding tickets can usually be sealed one (1) year after the case ends (not when the citation is issued). Convictions for non-moving violations also have a one (1) year statute of limitations for sealing.9
Note that if the defense attorney succeeds in getting the traffic case dismissed completely, then there is no waiting period to pursue getting a record seal. Whenever a case ends with no conviction, there is never a statute of limitations waiting period.10
12. Will I get deported?
Exceeding the speed limit anywhere is not a deportable crime. However, non-citizens who are ticketed for a traffic violation are still advised to meet with an attorney to help ensure that the case will not adversely affect their resident status.
13. Should I fight my ticket?
Although speeding is a low-level offense, it can carry hefty fines, demerit points, and insurance hikes. Therefore, we recommend at least consulting with an attorney to discuss trying to get the charge dropped or at least lessened to a non-moving violation.
14. Can I go to trial?
Yes, but speeding ticket defendants are not entitled to a jury trial, just a bench trial. The prosecutor tries to prove the defendant guilty beyond a reasonable doubt. Then the judge (since there is no jury) will deliver a verdict of guilty or not guilty.
In Nevada, speeding ticket cases hardly ever go to trial since they are relatively minor charges: Eventually, the prosecutor and defense attorney come to a resolution that the defendant is happy with.11
15. Do I need an attorney?
Hiring private counsel is not mandatory, but it is encouraged: The D.A. usually extends more favorable plea deals to represented defendants than pro se (unrepresented) defendants. Attorneys have negotiation and litigation skills that increase the odds of getting a case dismissal or reduction.
Hiring an attorney makes life much easier for the defendant as well. Represented defendants do not have to come to court (barring extenuating circumstances), which is of vital importance to out-of-town defendants and tourists as well as to people who work during the day.
15.1. Las Vegas Justice Court “attorney sessions”
Twice a week on Tuesdays and Thursdays, Las Vegas Justice Court hosts “attorney sessions” where prosecutors and defense lawyers can meet to negotiate their traffic ticket cases. (Las Vegas Justice Court has jurisdiction over traffic citations that allegedly occurred within the unincorporated area of Las Vegas, which includes most of the Strip). These attorney sessions allow traffic tickets to be dealt with quickly, whereas tickets in other courts may take weeks if not longer to reach a resolution.
Traffic ticket? Call a Nevada criminal defense attorney…
If you have been ticketed for driving too fast in a work zone in Clark County or elsewhere in Nevada, contact our Las Vegas criminal defense attorneys for a free consultation. Our law firm will do everything to try to get the citation dropped or lessened to non-moving violations so you pay the least, get no demerit points, and do no traffic school.
See our related articles about speeding in pedestrian safety zones (NRS 484B.110), reckless driving (NRS 484B.653) – driving in willful or wanton disregard of the safety of persons, which can be a misdemeanor or category B felony depending on the case, aggressive driving (NRS 484B.650), driving with an open container (NRS 484B.150), vehicular manslaughter (NRS 484B.657), illegal U-turns (NRS 484B.403), moped laws, overtaking a vehicle on the right side (NRS 484B.207), and laws for riding bicycles.
If your case is in California, please see our page on Vehicle Code 22362 VC.
If you have been injured in a speeding accident in a work zone in Nevada, our Las Vegas car accident attorneys may be able to help get you a large settlement. Even if you partially contributed to the collision, you could still be eligible for compensation for your medical bills, pain and suffering, lost wages, and loss of future earnings. And unless we win you pay us nothing.
- NRS 484B.130 Double penalty for certain traffic violations committed in work zones; exception in certain temporary traffic control zones. 1. Except as otherwise provided in subsections 2 and 6, a person who is convicted of a violation of a speed limit, or of NRS 484B.150, 484B.163, 484B.200 to 484B.217, inclusive, 484B.223, 484B.227, 484B.300, 484B.303, 484B.317, 484B.320, 484B.327, 484B.330, 484B.403, 484B.587, 484B.600, 484B.603, 484B.610, 484B.613, 484B.650, 484B.653, 484B.657, 484C.110 or 484C.120, that occurred: (a) In an area designated as a temporary traffic control zone; and (b) At a time when the workers who are performing construction, maintenance or repair of the highway or other work are present, or when the effects of the act may be aggravated because of the condition of the highway caused by construction, maintenance or repair, including, without limitation, reduction in lane width, reduction in the number of lanes, shifting of lanes from the designated alignment and uneven or temporary surfaces, including, without limitation, modifications to road beds, cement-treated bases, chip seals and other similar conditions, shall be punished by imprisonment or by a fine, or both, for a term or an amount equal to and in addition to the term of imprisonment or amount of the fine, or both, that the court imposes for the primary offense. Any term of imprisonment imposed pursuant to this subsection runs consecutively with the sentence prescribed by the court for the crime. This subsection does not create a separate offense, but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact. 2. The additional penalty imposed pursuant to subsection 1 must not exceed a total of $1,000, 6 months of imprisonment or 120 hours of community service. 3. Except as otherwise provided in subsection 5, a governmental entity that designates an area or authorizes the designation of an area as a temporary traffic control zone in which construction, maintenance or repair of a highway or other work is conducted, or the person with whom the governmental entity contracts to provide such service, shall cause to be erected: (a) A sign located before the beginning of such an area stating “DOUBLE PENALTIES IN WORK ZONES” to indicate a double penalty may be imposed pursuant to this section; (b) A sign to mark the beginning of the temporary traffic control zone; and (c) A sign to mark the end of the temporary traffic control zone. 4. [Under the provision of this section] A person who otherwise would be subject to an additional penalty pursuant to this section is not relieved of any criminal liability because signs are not erected as required by subsection 3 if the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more. 5. The requirements of subsection 3 do not apply to an area designated as a temporary traffic control zone: (a) Pursuant to an emergency which results from a natural or other disaster and which threatens the health, safety or welfare of the public; or (b) On a public highway where the posted speed limit is 25 miles per hour or less and that provides access to or is appurtenant to a residential area. 6. A person who would otherwise be subject to an additional penalty pursuant to this section is not subject to an additional penalty if the violation occurred in a temporary traffic control zone for which signs are not erected pursuant to subsection 5, unless the violation results in injury to any person performing highway construction or maintenance or other work in the temporary traffic control zone or in damage to property in an amount equal to $1,000 or more.
- Nevada Revised Statutes 484B.130; NRS 484B.600.
- NAC 483.500; NAC 483.510.
- NAC 483.764.
- See, for example, Traffic School Information, North Las Vegas Municipal Court; Las Vegas Justice Court Traffic School.
- NRS 173.155; see, for example, 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.