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 up to $500 in civil penalties.
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, and Nevada demerit point consequences. Click on a topic below to jump directly to that section:
- 1. Is it illegal to “remove a highway barrier” in Las Vegas, Nevada?
- 2. How do I fight the charges?
- 3. What are the penalties?
- 4. Can I get a charge reduced or dismissed?
- 5. How many points will go on my 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 commercial driver’s license?
- 10. What will happen to my out-of-state driver’s license?
- 11. When can I seal my case?
- 12. Will I get deported?
- 13. Should I fight my ticket or just pay?
- 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.
Unauthorized removal of a highway barrier can be a violation of NRS 484B.327.
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 the charges?
It depends on the available evidence. Perhaps there are surveillance videos, photographs, and/or eye-witnesses that vindicate the defendant.
3. What are the penalties?
This offense is a civil penalty carrying up to $500 in civil penalties. 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 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 civil penalty 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?
If 90 days pass without you paying the civil penalty, the court can assess a penalty and give your case to collections. Your license may be suspended as well.5
9. What will happen to my 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 my case?
Since infractions are civil and not criminal, they do not go on your criminal record. (However if you do not pay the financial penalty, a civil judgment can show up on your record.)
Old misdemeanor-level convictions from before January 1, 2023 can be sealed one year after the case ended. Dismissed charges can be sealed right away.7
Infractions do appear on your driving record, which is unsealable.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.
13. Should I fight my citation or just pay?
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 civil infraction may request a hearing.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 traffic defense attorney…
Were you pulled over for “removing a road barrier” or “driving on a closed highway” in Nevada? For a 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.
Legal References:
- NRS 484B.327; Nevada DMV Violation Codes; Clark County Code 14.60.120.
- NRS 484B.327; NRS 484B.130; NRS 484B.135. AB 116 (2021).
- NAC 483.500; NAC 483.510; Nevada DMV Violation Codes.
- See, for example, Traffic School Information, North Las Vegas Municipal Court; Las Vegas Justice Court Traffic School.
- See also Nevada DMV Suspension. NRS 484C.7047.
- NAC 483.500; NAC 483.510.
- NRS 179.245. NRS 179.255.
- Nevada Official Driving Records Online, Nevada DMV
- Sixth Amendment.