NRS 484B.270 – Failing to Exercise Due Care to Bicyclists

A driver failing to exercise due care to a cyclist in Nevada can be cited for a misdemeanor if the driver is the proximate cause of a collision with a person riding a bicycle, an electric bicycle or an electric scooter. A first-time offense carries a fine of $250 to $1,000 and (in extremely rare cases) jail. Additionally, four (4) Nevada demerit points will be added to the person’s driver’s license.

Otherwise, failing to exercise due care is a civil infraction carrying a civil penalty.

It is often possible to get Nevada traffic tickets reduced to non-moving violations, which carry lesser fines/civil penalties and no demerit points. Though violating NRS 484B.270 may be a minor offense, people who blow off paying their misdemeanor fine (or who do not hire an attorney to fight the ticket) will be slapped with a bench warrant for their arrest.

In this article our Las Vegas traffic ticket attorneys answer frequently-asked-questions about “not exercising due care to bicyclists” in Clark County and throughout Nevada, including how to build a defense, what sentences to expect, avoiding demerit points, when to seek a record seal, and more. Click on a topic below to jump directly to that section:

Also see our article on lack of due care towards a pedestrian.

If you were riding a bike and was injured by a driver, you may be entitled to a hefty settlement. Contact our Las Vegas personal injury attorneys to learn more.

Motorcyclists who fail to yield to a bicyclist and cause a collision may be charged with a misdemeanor carrying fines and possibly community service.

1. Is “not exercising due care to bicyclists” illegal in Nevada?

Motorists in Nevada are required to exercise “due care” when sharing the road with bicycles and electric bicycles. Specifically, Nevada law provides five common sense rules:

The driver of a motor vehicle shall not intentionally interfere with the movement of a person lawfully riding a bicycle or an electric bicycle;
When passing a cyclist going in the same direction, the motorist shall exercise due care and: If there is more than one lane in the same direction, move to the lane to the immediate left (if the lane is available and moving is safe); or if there is only one lane, pass to the left of the cyclist with no less than three (3) feet between the vehicle and the cyclist;
The driver of a motor vehicle shall exercise due care to avoid a collision with a cyclist and give an audible warning with the horn of the vehicle if appropriate and when necessary to avoid such a collision;
The driver of a motor vehicle shall not enter or proceed through an intersection while driving within a pathway or lane provided for cyclist (unless otherwise lawfully authorized); and
The driver of a motor vehicle shall yield the right-of-way to any cyclist or a pedestrian as provided in subsection 6 of NRS 484B.297 on the pathway or lane. The driver of a motor vehicle shall not enter, stop, stand, park or drive within a pathway or lane provided for cyclist except:

When entering or exiting an alley or driveway;

When operating or parking a disabled vehicle;

To avoid conflict with other traffic;

In the performance of official duties;

In compliance with the directions of a police officer; or

In an emergency.

Conversely, cyclists are required to exercise due care as well by (1) not intentionally interfering with the movement of a motor vehicle, or (2) not overtaking and passing a motor vehicle unless the cyclist can do so safely without endangering him/herself or the occupants of the motor vehicle.¹

2. How do I fight charges for “not exercising due care to bicyclists”?

The most valuable evidence would include surveillance video, photos, and/or eye-witnesses that can attest to the motorist’s careful driving or the bicyclist’s carelessness. If the incident resulted in a collision, an accident reconstruction expert may be able to deduce from the property damage and injuries (if any) that the motorist was not to blame.

In many cases, however, there is no evidence other than the driver’s and cyclist’s testimony. And if the D.A. has insufficient evidence to prove guilt beyond a reasonable doubt, the defendant should not be convicted.

3. What are the penalties for “not exercising due care to bicyclists” in Las Vegas, Nevada?

Motorists who allegedly fail to exercise due care to avoid a collision and cause a crash with a person riding a bicycle, an electric bicycle or an electric scooter face a misdemeanor charge. The punishment is similar to reckless driving penalties, which grow harsher with each successive conviction:

Failure to exercise due care to a cyclist	Penalties
1^st offense	$250 to $1,000 fine; and possibly up to 6 months in jail; and (if there was a collision) 50 to 99 hours of community service
2^nd offense	$1,000 to $1,500 fine; and possibly up to 6 months in jail; and (if there was a collision) 100 to 199 hours of community service
3^rd offense	$1,500 to $2,000 fine; and possibly up to 6 months in jail; and (if there was a collision) 200 hours of community service

Note that community service is mandatory only if the defendant’s lack of care was the proximate cause of a collision with a cyclist. And if the cyclist was severely injured or killed in an accident, the motorist faces more severe charges such as felony reckless driving or vehicular manslaughter.

If there is no collision, failure to exercise due care is a civil infraction carrying a civil penalty.²

4. Can I get the charge reduced to a non-moving violation?

Possibly, as long as there are no extenuating circumstances and there was no serious accident.

5. How many points will go on my driver’s license?

The Nevada DMV will add four (4) demerit points. Demerit points stay on driver’s licenses for one (1) year…

If a driver ever accumulates twelve (12) or more demerit points, he/she will get his/her license suspended for six (6) months. But if the defendant fights the charge and it gets reduced to a non-moving violation, no demerit points will be added.³

Once a license does get suspended in Nevada, the driver can request a DMV hearing to argue that the suspension is unlawful. However, it is highly recommended that the driver hire a criminal defense attorney to appear at the hearing because it is very similar to a regular trial.

While a driver’s license is suspended in Nevada, the driver should avoid taking the wheel. Driving with 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.⁴

6. Will my auto insurance rates go up?

Yes. But if the defendant hires an attorney who gets the citation reduced to a non-moving violation, the insurance company probably will not penalize the driver.

7. Do I have to do traffic school?

It depends on the judge. If the judge does not order traffic school, it may still be worth doing. Completing Level 1 Nevada Traffic school within five (5) days of pleading guilty to “not exercising due care to bicyclists” may result in the charge being lessened to a non-moving violation. It is always worth trying to get traffic tickets lessened to non-moving violations because non-moving violations carry no demerit points.⁵

8. What will happen if I ignore my ticket?

If you are charged with a civil infraction, failing to pay will incur a late fee.

If you are charged with a misdemeanor, failing to pay will cause the court to issue a bench warrant. People must be given the opportunity to do community service in lieu of paying the fine before a bench warrant can issue.

Once a person has a bench warrant, he/she cannot get rid of it just by paying the fine…

It is advised that people with outstanding bench warrants hire an attorney to file a motion to quash the warrant and appear at the hearing. This way, the attorney can go to court without the defendant having to show up (in the majority of cases).

Note that the Nevada DMV may also suspend the driver’s license of people who do not show up at court. A criminal defense attorney can then ask a judge to issue an “FTA (failure to appear) clearance” that would allow the DMV to reinstate the license.⁶

9. What will happen to my commercial driver’s license?

The Nevada DMV will add four (4) demerit points to the person’s commercial driver’s licenses (CDL). In addition, the driver is required to tell his/her employer about the citation no later than thirty (30) days after getting ticketed.⁷

10. What will happen to my out-of-state license?

The person’s home-state DMV will usually penalize the person’s license, but the penalty varies state-by-state. So out-of-state people who get ticketed in Nevada should retain an attorney in their home state to discuss their particular DMV consequences, and how to fight them.

11. When can I seal a conviction for “not exercising due care to bicyclists”?

All traffic misdemeanor convictions (except DUI) in Nevada have a one (1) year waiting period before the defendant can try for a record seal. Note that this waiting period does not start until the case ends (usually when the civil penalty/fine is paid).⁸

There is no waiting period to try for a record seal in Nevada if the traffic charge gets dismissed completely.⁹

12. Will I get deported?

Not yielding to a cyclist is a non-deportable crime. That being said, immigration laws can change at any time. Therefore, non-citizens are still encouraged to hire an experienced immigration and criminal defense lawyer to represent them on traffic tickets in an effort to safeguard their resident status and avoid immigration court.

13. Should I fight my citation or just pay?

Just paying the civil penalty or fine is not recommended because the citation will put four (4) points on the person’s license. In most cases, the D.A. is willing to reduce moving violations to non-moving violations that carry no demerit points.

14. Can I go to trial?

Yes. If you want to contest the citation, you can have a hearing with the judge.¹⁰

15. Do I need an attorney?

Anyone cited for not yielding to a cyclist in Nevada is highly encouraged to have a lawyer handle their citation. It increases the chances of a good result, and it usually relieves the defendant from having to show up to court.

15.1. Las Vegas Justice Court “attorney sessions”

Every Tuesday and Thursday, Las Vegas Justice Court holds “attorney sessions” where defense attorneys and prosecutors can deal traffic tickets quickly and efficiently. This court has jurisdiction over citations issued within Las Vegas’s unincorporated city limits.

Traffic ticket? Call a Nevada criminal defense attorney…

Were you ticketed for “not exercising due care to bicyclists” in Clark County or elsewhere in Nevada? Our Las Vegas criminal defense attorneys want to help. Our mission is to get traffic tickets dismissed or reduced to non-moving violations with no demerit points and no traffic school.

Are you a cyclist who was injured by a driver? Even if you were not completely blameless, our Las Vegas car accident attorneys will still fight to win a hefty financial settlement to cover your medical bills, pain and suffering, lost wages, and loss of future earnings. And you pay zero unless we win your case.

Legal References:

NRS 484B.270; Nevada DMV Violation Codes; the Nevada DMV refers to “not exercising due care to bicyclists” as FTY Row to Cyclist or Exercise Due Care to Avoid a Collision with a Person Riding a Bicycle, Violation Code 408 or ACD Code N03.
NRS 484B.270; NRS 484B.130. AB 116 (2021).
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.
NRS 179.245.
NRS 179.255.
Sixth Amendment.

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