Nevada law defines reckless driving under NRS 484B.653 as operating a vehicle with willful or wanton disregard of the safety of persons or property. Reckless driving is a misdemeanor crime punishable by $250 to $1,000 in fines, 8 DMV demerit points, and a possible 6-month jail sentence.
But if death or substantial bodily harm results, reckless driving becomes a category B felony with penalties of 1 to 6 years in prison and $2,000 to $5,000 in fines.
NRS 484B.653 states:
1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access.
(d) Drive a vehicle in an unauthorized trick driving display on a public highway.
(e) Facilitate an unauthorized trick driving display on a public highway.
A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
In this article, our Las Vegas criminal defense attorneys discuss:
- 1. How does Nevada law define and punish reckless driving?
- 2. How can a lawyer fight NRS 484B.653 charges?
- 3. Can the record be sealed?
- 4. Can DUI be reduced to reckless driving?
1. How does Nevada law define and punish reckless driving?
The legal definition of reckless driving involves a motorist operating an automobile in an extremely risky manner. The motorist is not simply being careless or negligent. The motorist’s traffic violations are endangering public safety.
The penalties for violating reckless driving laws depend on the circumstances of the case. And the punishment can be as much as doubled if the traffic offense occurred in a work zone or pedestrian safety zone.1
1.1. Driving in willful or wanton disregard of safety of persons or property
The most common form of reckless driving in Nevada is driving in willful or wanton disregard of the safety of people or property. This is more serious that minor traffic law violations such as going five miles over the speed limit or yielding rather than stopping. Reckless driving can potentially cause major damage. Examples may include:
- going significantly over the speed limit
- ignoring traffic control devices, such as running red lights
- hitting medians and shoulders while driving or making U-turns
- swiftly overtaking vehicles or changing from the left- to right-most lane in a several-lane highway without signaling
- overly aggressive driving during road rage
Reckless driving by acting in willful or wanton disregard of the safety of people or property is a misdemeanor in Nevada, punishable by a fine, eight DMV demerit points, and a possible jail sentence of up to six months. A first offense carries $250 to $1,000 in fines. A second offense carries $1,000 to $1,500 in fines. And a subsequent offense carries $1,500 to $2,000 in fines.
However, reckless driving that causes death or substantial bodily harm is a category B felony, punishable by one to six years in Nevada State Prison and a fine of $2,000 to $5,000.2
1.2. Eluding a police vehicle
It is a type of reckless driving in Nevada to willfully fail to stop for peace officers in a readily identifiable vehicle signaling the driver to pull over. Eluding a police officer’s vehicle is a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. But if death or bodily harm results, eluding is a category B felony carrying two to 20 years in prison and/or a maximum $50,000 fine.3
Learn more about evading police in Nevada (NRS 484B.550).
1.3. Colliding with a pedestrian or cyclist
It is a type of reckless driving in Nevada to cause a collision by failing to exercise due care towards pedestrians, electric scooter drivers, bicyclists, or electric bicyclists. A common example is hitting a jogger after not yielding right of way at a crosswalk. This misdemeanor offense is punishable by fines, community service, a driver’s license suspension of six months to two years, and a possible jail sentence of up to six months.
A first offense carries $250 to $1,000 in fines and 50 to 99 hours of community service. A second offense carries $1,000 to $1,500 in fines and 100 to 199 hours of community service. And a subsequent offense carries $1,500 to $2,000 in fines and 200 hours of community service.4
1.4. Unauthorized speed contests
Drag racing is a type of reckless driving in Nevada if the participants have no official permission and permits. Driving in an unauthorized speed contest in a public area is a misdemeanor in Nevada, punishable by fines, community service, a driver’s license suspension of six months to two years, and possible jail time of up to six months.
A first offense carries $250 to $1,000 in fines and 50 to 99 hours of community service. A second offense carries $1,000 to $1,500 in fines and 100 to 199 hours of community service. And a subsequent offense carries $1,500 to $2,000 in fines and 200 hours of community service.
In addition, first time offenders may have their racing vehicle impounded for 15 days. And any repeat offenders will have their racing vehicle impounded for 30 days.
Note that the above penalties also apply to people who merely organized a speed contest, even if they did not drive.5
Reckless driving is a moving violation that carries 8 demerit points in Nevada.
1.5. Unauthorized trick driving
Performing or participating in an unauthorized trick driving display is a type of reckless driving in Nevada. A “trick driving display” means using a vehicle to perform stunts on a public highway where traffic has been impeded or blocked to enable the performing or filming of the stunts.
Driving a vehicle in an unauthorized trick driving display on a public highway is a gross misdemeanor, punishable by fines, community service, a possible driver’s license suspension of six months to two years, and possibly up to 364 days in jail. A first offense carries $1,000 to $1,500 in fines and 100 to 199 hours of community service. A subsequent offense carries $1,500 to $2,000 in fines and 200 hours of community service.
Meanwhile, a first offense of facilitating an unauthorized trick driving display is a misdemeanor – carrying up to $1,000 in fines, 50 to 99 hours of community service, a possible driver’s license suspension of six months to two years, and a possible jail sentence of up to six months. And a subsequent offense is a gross misdemeanor, carrying $1,000 to $1,500 in fines, 100 to 199 hours of community service, a possible driver’s license suspension of six months to two years, and a possible jail sentence of up to 364 days.
Note that defendants who drove in or facilitated a trick driving display face a 30-day impoundment of their vehicle that was used in the display.6
2. How can a lawyer fight NRS 484B.653 charges?
What constitutes reckless driving is subjective, so a defense attorney could argue that the defendant’s actions did not rise to the level of reckless disregard of the safety of others. Common evidence in these cases include:
- Traffic surveillance footage
- Smartphone video and photographs
- Eyewitness testimony
- Accident reconstruction expert testimony
- Vehicle GPS records
- Weather and road reports
In felony reckless driving cases where death occurred, a common defense is that an intervening cause unrelated to the defendant’s driving resulted in the death. Or if the defense attorney can show that the defendant was acting negligently rather than recklessly, the charge could be reduced to vehicular manslaughter (NRS 484B.657) – which is only a misdemeanor.
3. Can the record be sealed?
Reckless driving convictions can be sealed from the defendant’s criminal record in Nevada, but there is a waiting period. However, criminal charges that get dismissed are sealable immediately.7
| Category of reckless driving conviction | Record seal waiting period in Nevada |
| Misdemeanor | 1 year after the case closes |
| Gross misdemeanor | 2 years after the case closes |
| Category B felony | 5 years after the case closes |
| Dismissal (no conviction) | No wait |
Learn how to seal Nevada criminal records.
4. Can DUI be reduced to reckless driving?
Criminal defense attorneys may be able to persuade prosecutors to reduce a drunk driving charge down to a reckless driving charge as part of a plea bargain. The defendant would still have to complete all the standard Nevada DUI criminal penalties (NRS 484C.400), such as a victim impact panel and DUI School. But the benefits of pleading down are twofold:
- Once the case is over, the defendant’s criminal record will show only a reckless driving conviction and not a DUI. Potential employers are less likely to disqualify job applicants for driving recklessly than for driving under the influence of alcohol or drugs, which has a greater social stigma.
- DUI penalties get harsher with each successive conviction. But DUI charges that get reduced to reckless driving convictions do not count as “priors” if the defendant ever gets arrested for DUI again. So any future drunk driving case will be treated as if the prior DUI case never existed because it was changed to reckless driving.
Learn more about how to reduce a DUI in Nevada.
Call our Las Vegas, NV law firm for legal advice. Our traffic ticket and criminal defense lawyers offer consultations throughout Clark County, Washoe County, and the state of Nevada.
Legal References
- Nevada Revised Statute 484B.653. Reckless driving, organization of unauthorized speed contests and driving in or facilitating unauthorized trick driving displays prohibited; penalties; court to suspend driver’s license of certain offenders; additional penalties for violation committed in work zone or pedestrian safety zone or if driver is proximate cause of collision with pedestrian or person riding bicycle; court may order impounding vehicle of certain offenders.
1. It is unlawful for a person to:
(a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
(b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
(c) Organize an unauthorized speed contest on a highway or premises to which the public has access.
(d) Drive a vehicle in an unauthorized trick driving display on a public highway.
(e) Facilitate an unauthorized trick driving display on a public highway.
A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.
2. If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.
3. A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:
(a) For the first offense, shall be punished:
(1) By a fine of not less than $250 but not more than $1,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(b) For the second offense, shall be punished:
(1) By a fine of not less than $1,000 but not more than $1,500; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense, shall be punished:
(1) By a fine of not less than $1,500 but not more than $2,000; or
(2) By both fine and imprisonment in the county jail for not more than 6 months.
4. A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $250 but not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(c) For the third and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
5. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:
(a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;
(c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and
(d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.
6. A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:
(a) For the first offense:
(1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
(b) For the second offense and each subsequent offense:
(1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;
(2) Shall perform 200 hours of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
7. A person who violates paragraph (e) of subsection 1 is guilty of:
(a) For the first offense, a misdemeanor and:
(1) Shall be punished by a fine of not more than $1,000;
(2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 6 months.
(b) For the second offense and each subsequent offense, a gross misdemeanor and:
(1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;
(2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and
(3) May be punished by imprisonment in the county jail for not more than 364 days.
8. In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:
(a) May issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;
(b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and
(c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense.
9. Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.
10. A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.
11. As used in this section:
(a) “Facilitate” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:
(1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or
(2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.
(b) “Organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a public highway, regardless of whether a fee is charged for attending the unauthorized speed contest.
(c) “Trick driving display” means using a vehicle to perform tricks, stunts or other maneuvers on a public highway upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.NAC 483.510; NRS 483.490; Nevada Assembly Bill 201 (2019); see also Lee v. State, (2000) 116 Nev. 452, 997 P.2d 138 (NRS 484B.653 does not apply to mining access roads, which are not a “public highway”). - NRS 484B.653. See also Mark Credico, Boy’s death inspires bill targeting ‘reckless driving capital of the world’, Las Vegas Review-Journal (February 5, 2023)(“Rex’s Law would increase the penalty for reckless driving resulting in substantial bodily harm or death to 10 to 20 years in prison with an additional seven years if the crash took place in a school zone or construction zone.”).
- NRS 484B.653; see also Baldridge v. State, (Nev. Ct. App. 2016) 132 Nev. 943.
- NRS 484B.653.
- NRS 484B.653.
- NRS 484B.653.
- NRS 179.245; NRS 179.255.