Under NRS 484B.327, Nevada prohibits (1) driving on closed highways, and (2) removing any barrier or sign stating that a highway is closed. This traffic offense carries maximum penalties of six (6) months in jail and/or $1,000 in fines.
A defense attorney may be able to get traffic tickets dismissed or reduced. If the defendant blows off the ticket, however, the judge may eventually issue a bench warrant for his/her arrest.
In this article, our Las Vegas traffic ticket attorneys answer frequently-asked-questions about “removing a highway barrier” in Clark County and throughout Nevada, including ways to fight the citation, possible sentences, Nevada demerit point consequences, and record seals wait times. Click on a topic below to jump directly to that section:
- 1. What are the laws for “removing a highway barrier” in Las Vegas, NV?
- 2. How do I fight charges of “removing a highway barrier” in Las Vegas, NV?
- 3. What are the penalties for “removing a highway barrier” in Las Vegas, NV?
- 4. Can I get a charge for “removing a highway barrier” reduced or dismissed in Las Vegas, 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 ticket?
- 9. What will happen to my NV commercial driver’s license?
- 10. What will happen to my out-of-state driver’s license?
- 11. When can I seal a conviction for “removing a highway barrier” in NV?
- 12. Will I get deported?
- 13. Should I fight my ticket or just pay the fine?
- 14. Can I go to trial?
- 15. Do I need an attorney?
If you have been injured by someone violating traffic laws, you may be entitled to a large settlement. Contact our Las Vegas personal injury attorneys to learn more.
1. Is it illegal to “remove a highway barrier” in Las Vegas, Nevada?
Yes. It is unlawful to remove any barrier or sign stating that a highway is closed to traffic. And predictably, it is also illegal to pass over a highway that is marked, signed or barricaded to indicate that it is closed to traffic.1
2. How do I fight charges?
It depends on the available evidence. Perhaps there are surveillance videos, photographs, and/or eye-witnesses that vindicate the defendant. If there is no hard evidence, the prosecutor may be unable to prove guilt beyond a reasonable doubt and consequently drop the charges.
3. What are the penalties?
This offense is a misdemeanor carrying:
- up to $1,000 in fines, and/or
- up to six (6) months in jail
Note that the penalty will be doubled if the barrier or sign was in a work zone. Learn more about Nevada work zone penalties.2
4. Can I get a charge reduced or dismissed?
Perhaps, but it is not a sure thing. The judge will probably be more amenable to reducing the charge if the defendant drove on the wrong highway by accident. But if the judge believes the defendant purposely removed the barrier or drove on the closed highway, it will be more challenging to negotiate a charge reduction or dismissal.
5. How many points will go on my Nevada driver’s license?
The Nevada DMV does not designate a demerit point penalty for removing a road barrier or driving on a closed highway. But if the prosecutor also charges the defendant for reckless driving for driving on a closed highway, the DMV would add eight (8) points to the person’s license.
Demerit points remain on Nevada driver’s licenses for one (1) year. If a license has twelve (12) or more demerit points, the DMV will suspend the license for six (6) months. License-holders can try to fight the suspension by requesting a DMV hearing, which is like a small-scale trial. Drivers are advised to retain counsel to appear for them at the DMV hearing.
Note that people who drive on a suspended license face another misdemeanor charge, carrying up to six (6) months in jail and/or up to $1,000 in fines.3
6. Will my auto insurance rates increase?
It depends on the insurance company.
7. Do I have to do traffic school?
The judge will usually accept just a fine without traffic school. But the judge may agree to reduce the charge if the defendant completes traffic school.4
8. What will happen if I ignore my ticket?
After a 30-day grace period, Nevada courts issue bench warrants when people miss a court appearance or are late to pay their fines. And defendants late on their payments must be given the opportunity to do community service in lieu of paying the fine before a bench warrant can issue. While a bench warrant is outstanding, the defendant may be arrested at any time and booked in jail.
If a person has a Nevada bench warrant, he/she should get an attorney to try to get the warrant “quashed.” This process takes a few days or a week, and in most cases, the defendant does not have to appear in court as long as he/she has a lawyer going to the “motion to quash” hearing.5
9. What will happen to my Nevada commercial driver’s license?
The Nevada DMV adds the same quantity of demerit points to the persons’ commercial driver’s license (CDL) as it does to the person’s non-commercial driver’s license. Scroll up to question 5 for more information.
CDL-holders are required by law to notify their employer about getting a ticket for “removing a closed highway barrier” within thirty (30) days of the citation.6
10. What will happen to my out-of-state license?
Every state DMV levies different penalties, so consult with an attorney in the home state for more information.
11. When can I seal a conviction?
A conviction for removing a road barrier, or for driving on a closed highway, must stay on the defendant’s record for one (1) year before it can be sealed.7 If the charge gets dismissed, the defendant does not have to wait to begin the record seal process.8
12. Will I get deported?
Removing a highway barrier is not listed as a deportable crime, but it is still best for immigrants to consult an attorney about the best way to fight the charge so as not to hurt their ability to stay in the U.S. Read more about the criminal defense of immigrants in Nevada.
13. Should I fight my citation or just pay the fine?
It depends on how strong the state’s case is. Consult with an attorney to weigh the pros and cons of fighting the charge.
14. Can I go to trial?
Yes, every Nevada defendant accused of a traffic misdemeanor may request a bench trial but not a jury trial. They are identical except that in a bench trial, the judge and not a jury determines the verdict.9
15. Do I need an attorney?
Having a legal opinion never hurts. And people who hire an attorney to handle their traffic tickets often get better deals and do not have to show up to court.
facing charges? Call a Nevada criminal defense attorney…
Were you pulled over for “removing a road barrier” or “driving on a closed highway” in Nevada? For a free consultation, call our Las Vegas criminal defense attorneys. Perhaps we can get the charge dropped or reduced.
Were you or a loved one injured because someone violating Nevada traffic laws? Our Las Vegas car accident attorneys may be able to win you a financial settlement to pay for your medical bills, pain and suffering, lost wages, loss of future earnings, and more. And you pay nothing unless we win the case.
- NRS 484B.327; Nevada DMV Violation Codes; Clark County Code 14.60.120.
- NRS 484B.327; NRS 484B.130; NRS 484B.135.
- NAC 483.500; NAC 483.510; Nevada DMV Violation Codes.
- See, e.g., Traffic School Information, North Las Vegas Municipal Court; 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.
- NRS 179.245.
- NRS 179.255.
- Sixth Amendment.