In Nevada, if you don’t drive with full attention to the operation of the vehicle, you can be charged with the traffic offense of careless driving (also known as “full attention to driving” or “full time and attention”). This infraction is governed by local laws rather than state regulations and is classified as a misdemeanor. Offenders may face up to six months in jail and/or be fined up to $1k, in addition to receiving six demerit points from the DMV. In some cases, when making a plea bargain, certain charges for DUI misdemeanors can be reduced to careless driving.
How does Nevada law define careless driving?
Careless driving is a type of moving violation in Nevada where a driver operates a motor vehicle on public roads without being fully attentive. It is considered less severe than reckless driving (NRS 484B.653), which involves driving with willful or wanton disregard for the safety of other persons or property. Careless driving can be viewed as simply a neglectful way of driving a vehicle.
For instance, let’s consider two scenarios:
Julia and Alexa both ran a red light. Alexa was daydreaming and failed to notice the red light, however, Julia purposefully drove through the red traffic signal. Since Julia acted deliberately, she would likely face reckless driving charges, whereas Alexa’s unintended action would probably result in careless driving charges.
Even if no accident occurred, Julia and Alexa can still be charged with a traffic violation. Causing an accident is not necessary for a conviction. Careless driving can include actions, such as falling asleep while driving, eating, applying makeup, not signaling while changing lanes, or slightly exceeding the speed limit.
Careless driving is governed not by state law but by city and county codes as compared to reckless driving. Due to this, each jurisdiction has its own unique definition and wording for the offense. It’s also worth mentioning that it is illegal to text while driving in Nevada according to traffic law NRS 484B.165.
By understanding the distinctions between reckless and careless driving, as well as the particular legislation relevant to your area, you can better ensure your compliance with local traffic laws. Keep in mind that failure to adhere to these regulations can result in penalties ranging from fines to suspension of your license.
Is it possible to reduce DUI charges in Nevada?
While it can be challenging, there are instances where Nevada DUI charges can be reduced. Under Nevada traffic laws, the only way to have DUI charges reduced or dismissed is if there isn’t enough evidence to support a conviction for DUI. This makes it the responsibility of defense attorneys to prove to the prosecutors that they do not have a solid case for a DUI conviction.
In most situations, a misdemeanor DUI charge can be reduced by pleading to reckless driving, as stated under NRS 484B.653. Securing a reckless driving conviction can be considered a significant victory, given that its consequences are much less severe than those of a DUI conviction.
By understanding these potential charge reductions, the general public can gain a clearer picture of the possible outcomes for those involved in Nevada DUI cases.
How can I decrease the charges I am facing for DUI?
In order to reduce DUI charges, defense attorneys meticulously investigate all evidence to discover inconsistencies and mistakes in the prosecution’s case. They focus on several aspects, such as verifying the surveillance footage or presence of eyewitnesses, examining if law enforcement carried out an unlawful traffic stop, and ensuring that proper protocols were followed during the defendant’s questioning and field sobriety tests (FSTs).
Moreover, the defense attorney assesses whether there were any issues with the blood-testing equipment or procedures, and looks into whether the accused individual had a medical issue or had taken medication that could have impacted the results of the FSTs or blood and breath tests.
Lastly, they consider the potential effect of the police officer(s) involved in the case being present at the trial. By carefully scrutinizing these elements, defense attorneys aim to create a compelling case for their clients, increasing the likelihood of reduced DUI charges.
It’s crucial to keep in mind that in DUI cases, it is the high burden of the District Attorney (D.A.) to prove the guilt of the defendant beyond a reasonable doubt. With this in mind, there are instances where the charges may be reduced to careless driving if the defense attorney can successfully demonstrate that the state’s case is not strong enough or has significant flaws that prevent a DUI conviction.
Typically, in cases where a DUI charge is reduced to careless driving by a D.A., the defendant will initially plead either guilty or no contest to the DUI charge. If the plea is accepted by the court, the judge will give a sentence but the judgment will be suspended. After the requirements of the sentence have been fulfilled, the judge will then change the defendant’s guilty adjudication from DUI to careless driving, as part of the plea agreement.
This process emphasizes the importance of a well-prepared defense strategy, as well as the significance of burden of proof in DUI cases. As a reader, it’s crucial to know the intricacies involved in the legal system and how these charges can be adjusted to better reflect the facts and circumstances of each case.
What are the advantages of pleading guilty to careless driving?
Pleading guilty to careless driving can provide several advantages, such as a reduced fine. Additionally, the judge may order the completion of defensive driver training or community service as a part of the sentence for careless driving instead of jail time, which is usually mandatory in cases involving DUI charges.
Moreover, pleading guilty to reckless or careless driving reduces the possibility of having your license revoked and increases the chances that your insurance company will not drastically increase the cost of coverage. Finally, having a conviction for reckless or careless driving on one’s record won’t be seen by potential employers with the same stigma as a DUI charge and could potentially help an individual’s job prospects in certain cases.
Under Nevada’s legal framework, a DUI conviction can be sealed after a waiting period of seven years from the case closure. Comparatively, convictions for careless driving offer a significantly shorter period of one year before the record can be sealed. By successfully modifying a DUI case to one of careless driving, the person involved can achieve a clean record six years earlier.
Is it possible to lower the charges for a DUI felony offense?
In Nevada, it’s difficult to reduce felony DUI charges to just careless driving. But, in some situations, like when it’s a third-time offense or when there’s major bodily harm or death involved (as per NRS 484C.430), the charge may be reduced to a felony reckless driving charge.
While both driving convictions lead to time being served in Nevada State Prison, there is a significant difference between the two charges: Reckless driving felony convictions can be sealed after a period of five years, whereas felony DUI cannot be sealed under any circumstances.
It’s worth noting that individuals who face felony DUI charges may have the opportunity to attend felony DUI Court as an alternative to prison time. Successfully completing this program can result in the charges being downgraded to a misdemeanor. For more information on navigating felony DUI charges in Nevada, it’s crucial to stay informed and seek experienced legal counsel.
What are the consequences for driving carelessly in Nevada?
In Nevada, careless driving is considered a misdemeanor and can result in a variety of penalties. Drivers may face up to six months in jail and/or fines up to $1k, similar to most traffic violations. DUI defendants may choose to strike a plea bargain that reduces their charge to careless driving. However, in exchange for this reduction, they may still be required to complete certain penalties associated with a DUI.
For first-time offenders in Nevada, the typical consequences include two days to six months in prison or 24-96 hrs of community service. Additional penalties involve attending DUI School, an alcohol awareness traffic program, and paying $400-$1,000 in fines alongside court expenses. Offenders are also required to participate in a V.I.P, such as MADD.
If the defendant was either under 21 years old or had a BAC of 0.18% or higher, special penalties will be applied. This means that the offender will be required to take an alcohol or drug evaluation. Additionally, if the defendant’s blood alcohol concentration is equal to or greater than 0.18%, they will be required to attend a program for treatment of alcohol or drug abuse.
In the event that a defendant fails to fulfill the terms of their sentencing, they may face serious consequences, including being found guilty of Driving Under the Influence. At this point, the judge possesses the authority to enforce additional penalties depending on the specifics of the case. Such penalties could range from financial fines to incarceration, further emphasizing the importance of adhering to the legal rulings or penalties prescribed by the court.
Is there a possibility of my driver’s license being suspended?
It’s possible that your driver’s license could be suspended due to a DUI offense. In Nevada, license suspensions are handled by the DMV, not criminal courts, so it’s possible for someone to have their DUI charge reduced in court while still being found guilty of drunk driving by the DMV.
Everyone has the right to a DMV hearing to challenge their license suspension due to DUI. During these hearings, an attorney can present proof and call forth witnesses just like in a trial. Nevertheless, DMV hearings are more difficult to win than criminal trials since the judge only needs some evidence that you drove drunk or under the influence to revoke your license. This is a much lower standard than proof beyond a reasonable doubt needed to convict you in criminal court.
Please note that if this is your first time having your license suspended in Nevada, the suspension period will last for 185 days. If this is your second DUI offense, the suspension period will be for one year, and if it is your third DUI offense, the suspension period will be for three years.
What is the number of demerit points associated with careless driving?
In Nevada, a conviction for careless driving results in the addition of six demerit points to the offender’s driving record. These demerit points remain on the driver’s record for a duration of one year. Should a driver accumulate twelve or more demerit points within a one-year period, they will face a six-month suspension of their driver’s license by the DMV.
It is important to note that most DMVs across states communicate and honor each other’s penalties under the Driver License Compact. As such, if a driver who is not a Nevada resident receives a careless driving ticket while in Nevada, their home-state DMV may impose the same number of demerit points on their license.
BLGWINS Has Got You Covered
At BLGWINS, we provide comprehensive legal services for those charged with careless driving or DUI-related offenses. Our team of experienced attorneys will ensure that your rights are protected and work to reduce the consequences associated with your offense.
Contact us today to learn more about how we can help!