Reckless driving

Obeying the rules of the road and practicing defensive driving habits can help increase your safety on the roads, but you cannot control the behavior of other drivers.

Reckless drivers choose to be dangerous.

They misjudge common driving procedures, exceeding the safety margins of their driving abilities, their vehicles, and the conditions of the roadways, causing accidents resulting in bodily injuries and death.

In Nevada, reckless driving is defined as a mental state in which the driver displays a wanton disregard for the safety of persons or property.

It can also be defined as participating in or otherwise organizing illegal street races (which may also be considered a wanton disregard for the safety of persons or property).

Reckless driving is a major moving traffic violation. It is a more serious offense than careless driving.

The penalties can be life-altering, especially compared to aggressive driving which is relatively harder to prove.

What does Nevada law spell out for reckless driving in Las Vegas?

Pursuant to Nevada Revised Statutes NRS 484B.650 ”Reckless driving and organization of unauthorized speed contests 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.“, literally:

1. It is unlawful for a person to:
  (a) Drive a vehicle in willful or wanton disregard of the safety of persons
  or property.
  (b) Drive a vehicle in an unauthorized speed contest on a public highway.
  (c) Organize an unauthorized speed contest on a public highway.
A violation of paragraph (a) or (b) 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 is the proximate cause of a
collision with a pedestrian or a person riding a bicycle, 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. 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 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.
7. 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.
8. As used in this section, “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.
(Added to NRS by 1969, 1486; A 1981, 866; 1983, 1015; 1993, 524; 1995, 1298;
2003, 487, 3244; 2007, 2039; 2011, 1637; 2015, 1578) — (Substituted in revision
for NRS 484.377)

Definition of reckless driving in Nevada

My interpretation is that Nevada law defines reckless driving as a person driving “a vehicle in willful or wanton disregard of the safety of persons or property.”

Penalties for reckless driving in Nevada

Penalties for reckless driving in Las Vegas are severe.

Pursuant to Nevada Revised Statutes NRS 484B.130, the penalties in Nevada for reckless driving can be doubled if the incident took place in a work zone.

Pursuant to Nevada Revised Statutes NRS 484B.135, the penalties in Nevada for reckless driving can be doubled if the incident took place in a pedestrian safety zone.

Enhanced penalties also occur if the charge involved racing or the unauthorized speeding contest on a public highway. In those cases, the court must also impose a six month to two year driver’s license suspension, vehicle impoundment, and community service.

Misdemeanor reckless driving vs. felony reckless driving

The vast majority of reckless driving allegations are misdemeanors.

However, if it is alleged that the reckless driving incident was the proximate cause of substantial physical harm or death to another person (such as a passenger, another driver, a pedestrian, a cyclist, and so on) then the incident is charged as a category B felony.

Misdemeanor reckless driving, first offense

• Either you will have to pay a fine of at least $250 and up to $1,000,
• or you will pay a fine and be sentenced to county jail for a period of up to six months.

The penalties are enhanced if you are fast and furious and racing cars:

• You will have to pay a fine of at least $250 and up to $1,000;
• You will have to perform from at least 50 and up to 99 hours of community service;
• You may be sentenced to county jail for a period of up to six months;
• You will have your driver license suspended for a period of at least six months and up to two years; and
• You may have all of your vehicles that were used in the reckless driving incident impounded for a period of 15 days.

Misdemeanor reckless driving, second offense

• Either you will have to pay a fine of at least $1,000 and up to $1,500,
• or you will pay the fine and be sentenced to county jail for a period of up to six months.

The penalties are enhanced if you are fast and furious and racing cars:

• You will have to pay a fine of at least $1,000 and up to $1,500;
• You will have to perform from at least 100 and up to 199 hours of community service;
• You may be sentenced to county jail for a period of up to six months;
• You will have your driver license suspended for a period of at least six months and up to two years; and
• You will have all of your vehicles that were used in the reckless driving incident impounded for a period of 30 days.

Misdemeanor reckless driving, third and subsequent offences

• Either you will have to pay a fine of at least $1,500 and up to $2,000,
• or you will pay the fine and be sentenced to county jail for a period of up to six months.

The penalties are enhanced if you are fast and furious and racing cars:

• You will have to pay a fine of at least $1,500 and up to $2,000;
• You will have to perform 200 hours of community service;
• You may be sentenced to county jail for a period of up to six months;
• You will have your driver license suspended for a period of at least six months and up to two years; and
• You will have all of your vehicles that were used in the reckless driving incident impounded for a period of 30 days.

Felony reckless driving

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.

• You will be sentenced to prison for a period of at least one year and up to six years; and
• You will have to pay a fine of at least $2,000 and up to $5,000.

Pursuant to Nevada Revised Statutes NRS 484B.550, 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 in Nevada.

• You will be sentenced to prison for a period of at least two years and up to 20 years; and
• You will have to pay a fine of up to $50,000.

Examples of reckless driving in Las Vegas

Negligent behaviors must be performed “in willful or wanton disregard of the safety of persons or property” in order to constitute a charge of reckless driving.

In other words, to be a reckless driver, you need to not only know that you are negligent in your driving, but you need to be purposefully negligent while risking the safety of at least one other person.

The most common examples of potentially reckless driving behaviors in Las Vegas, Nevada, include:

• Tailgating and improper passing;
• Disregarding traffic lights, signs, and signals;
• Disregarding a traffic officer’s instructions;
• Racing against others or weaving in and out of traffic;
• Driving while excessively tired or fatigued;
• Driving under the influence of alcohol or drugs;
• Driving while distracted; and
• Driving over the speed limit or too fast for conditions;

If you have been charged with reckless driving

The crime of reckless driving focuses on the driver’s state of mind and is often difficult for the prosecutor to prove at trial.

For this reason, your attorney will attempt to get the charge dismissed entirely or at least reduced to a less serious charge.