NRS 484B.653 – Reckless Driving Laws in Nevada

Under NRS 484B.653, Nevada law defines reckless driving as operating a vehicle with a “willful or wanton disregard of the safety of persons or property.” A first offense is a misdemeanor punishable by up to 6 months in jail and a fine of up to $1000.00. If the driving injures or kills a person, prosecutors can charge it as a Category B felony punishable by up to 6 years in prison and fines of up to $5000.00.

Drivers may find themselves charged with this moving violation for allegedly doing the following:

• going significantly over the speed limit,
• running red lights,
• hitting medians and shoulders while driving,
• disregarding an officer’s order to stop their car, or
• being reckless after an incident of road rage.

An alleged violation of reckless driving laws in Las Vegas is just a misdemeanor traffic offense as long as the incident does not cause death or substantial physical harm. Otherwise, it is considered a felony crime.¹

Penalties for Reckless Driving (NRS 484B.653)

The punishment for an NRS 484B.653 conviction in Nevada law includes eight (8) demerit points being added to your drivers’ license by the DMV as well as possible fines and incarceration. How much and how long depend on whether the incident caused death or substantial bodily harm:

Misdemeanor

Misdemeanor reckless driving charges are brought in cases where no death or injury resulted.

It carries a punishment of up to six months in jail and/or the following additional penalties:

• for a first offense, $250 to $1,000,
• for a second offense, $1,000 to $1,500, or
• for a third offense, $1,500 to $2,000.

Gross Misdemeanor

Reckless driving also encompasses “trick driving.” This is where traffic is slowed or detoured in order to perform a stunt. The penalty is:

First offense:

• possibly up to 364 days in jail,
• $1,000 to $1,500 in fines,
• 100 – 199 hours of community service,
• possible license suspension of 6 months to 2 years, and
• possible vehicle impoundment for 30 days

Second or subsequent offense:

• possibly up to 364 days in jail,
• $1,500 to $2,000 in fines,
• 200 hours of community service,
• possible license suspension of 6 months to 2 years, and
• possible vehicle impoundment for 30 days

People who also “facilitate” trick driving face penalties as well. A first offense is just a misdemeanor, carrying:

• possibly up to 6 months in jail,
• up to $1,000 in fines,
• 50 – 99 hours of community service,
• possible license suspension of 6 months to 2 years, and
• possible vehicle impoundment for 30 days

A second or subsequent offense is a gross misdemeanor:

• possibly up to 364 days in jail,
• $1,000 to $1,500 in fines,
• 100 – 199 hours of community service,
• possible license suspension of 6 months to 2 years, and
• possible vehicle impoundment for 30 days

Felony

A driver may be charged with felony reckless driving in Nevada if prosecutors believe that the driver’s alleged recklessness was the “proximate cause” of the death or substantial bodily harm of someone else. It is a category B felony in Nevada carrying penalties of:

• one to six years in Nevada State Prison, and
• $2,000 to $5,000 in fines.

If a driver suspected of “reckless driving causing death” in Nevada allegedly disregards an officer’s order to stop or tries to evade the officer, the driver can be charged with a category B felony of two to twenty years in prison and a fine of up to $50,000. (NRS 484B.550)

Work Zones & Drag Racing

Reckless driving penalties in Nevada can be as much as doubled if the incident allegedly occurred in a work zone. (NRS 484B.130) And if the charge was for using the motor vehicle in an unauthorized speed contest on a public highway in Las Vegas, the judge will also impose community service and a license suspension of six months to two years and may order that the car is impounded.²

Defenses to Reckless Driving

The legal definition of violating NRS 484B.653 in Las Vegas is very subjective, so a defense attorney would try to get the case dismissed by arguing that the person’s driving did not rise to the level of reckless disregard of the safety of others. Since these incidents often have no witnesses, a Nevada prosecutor may simply lack sufficient evidence to prove this charge beyond a reasonable doubt.

In felony cases of driving recklessly in Las Vegas, a defense attorney would attempt to get the charges dismissed by showing the following:

1. the driver was not acting recklessly, and/or
2. any recklessness that may have occurred was not the cause of the death or injury.

By meticulously investigating the evidence and conducting accident reconstruction, a defense attorney may be able to cast enough doubt on the prosecutors’ case to persuade them to throw out the felony charges. Or if the attorney can show that the person’s driving was not “reckless” but rather “negligent,” the prosecutor may then agree to reduce the charges to “vehicular manslaughter” which is only a misdemeanor in Nevada.

Another possible defense is that the police officers committed misconduct.³

A subsequent conviction of operating an automobile in a reckless manner is a gross misdemeanor in Nevada.

Reckless Driving as a plea to DUI

If you are arrested for driving under the influence in Las Vegas and the prosecutors refuse to dismiss the case, your attorney may be able to persuade them to reduce the DUI charge down to reckless driving. You may still have to complete standard Nevada DUI penalties (such as a victim impact panel and DUI School), but the benefits of pleading down are twofold:

1. Once you complete the sentence, your criminal record will show only a Nevada reckless driving charge and not a DUI. Potential employers in Las Vegas are a lot less likely to disqualify you for driving recklessly than for DUI, which has a greater social stigma.
2. Plea bargaining a DUI charge down will not count as a prior DUI conviction if you are ever arrested in the future for driving under the influence. So as long as your first drunk driving case gets pled down, your second drunk driving case will be charged as only your first and you will escape the harsh Nevada DUI penalties of having subsequent convictions.

The main drawback to pleading to an NRS 484B.653 violation in Nevada is that it adds 8 demerit points to your driver’s license. Pleading to a DUI may cause your license to be suspended for several months in Las Vegas, but afterward, you have no demerit points.⁴

For more on how to reduce a DUI in Nevada, see our article on how to reduce a DUI in Nevada.

Call our criminal defense law firm for help. Our Las Vegas DUI defense lawyers offer free consultations in the state of Nevada.

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