CAN I GET A BENCH WARRANT IF I WASN'T DRIVING?

In Nevada, the legally registered owner of a vehicle CAN receive a bench warrant for illegally parking (a non-moving violation) even if the owner did not actually sign (or receive) the parking violation, if the owner fails to respond to a mailed notice of the parking ticket. If you allow someone else to drive your car, and a parking ticket is issued to that other driver, you must respond to any written notice to appear, even if you were not the person who received the parking citation.

As always, it is important to respond to any notification to appear in court. It is also important that you maintain your current address with DMV so that you will receive any official notices sent to you. By law, you must notify the Nevada Division of Motor Vehicles of any address changes. So, you have no excuse if you didn't get your mail because you moved. You can visit the Nevada DMV's website at www.dmvnv.com to find the link for change of address.

NRS 484.810 Issuance of warrant for failure to obey citation for parking violation.

1. A traffic citation for a parking violation may be prepared manually or electronically.

2. When a traffic citation for a parking violation has been issued identifying by license number a vehicle registered to a person who has not signed the citation, a bench warrant may not be issued for that person for failure to appear before the court unless:

(a) A notice to appear concerning the violation is first sent to the person by first-class mail within 60 days after the citation is issued; and

(b) The person does not appear within 20 days after the date of the notice or the notice to appear is returned with a report that it cannot be delivered.

(Added to NRS by 1977, 576; A 1981, 401; 1999, 1148)

NEVADA CURFEW FOR UNDERAGE DRIVERS

In Nevada, a minor (age 16-17) is subject to curfew restrictions while operating a motor vehicle. Generally, a minor CAN NOT drive between the hours of 10 p.m. and 5 a.m. daily. Because this offense is not considered to be a primary offense, a citing officer must have other probable cause to stop the vehicle and then determine that the driver is in violation of this statute.

The curfew laws allow an employed minor thirty minutes to travel home after work ends. The minor must carry a letter from the employer or a work permit stating the work hours. The minor should carry this documentation in the vehicle in the event of a traffic stop.

NRS 484.466 Violation of curfew by drivers who are 16 or 17 years of age; exception for scheduled events; violation does not constitute primary offense.

1. A person to whom a driver’s license has been issued pursuant to NRS 483.2521 shall not operate a motor vehicle between the hours of 10 p.m. and 5 a.m. unless he is operating the vehicle to drive to or from a scheduled event. A peace officer shall not issue a citation to a person for operating a vehicle in violation of this section if the person provides evidence satisfactory to the peace officer that the reason that the person is operating the vehicle between the hours of 10 p.m. and 5 a.m. is because he is driving to or from a scheduled event.

2. A peace officer shall not stop a motor vehicle for the sole purpose of determining whether the driver of the vehicle is violating subsection 1. A citation may be issued for a violation of subsection 1 only if the violation is discovered when the vehicle is halted or its driver is arrested for another violation or offense.

(Added to NRS by 1997, 1521; A 2005, 2309)

Driver's License- Don't Leave Home Without It or You Could Be Arrested

Did you know that failure to have sufficient evidence of your identity (such as your driver's license or other government issued photo identification) when driving could result in your arrest? Under Nevada law, a peace officer may, at his or her discretion, arrest you if you do not have proper identification.

NRS 484.795 When peace officer has option to take person before magistrate.

Whenever any person is halted by a peace officer for any violation of this chapter and is not required to be taken before a magistrate, the person may, in the discretion of the peace officer, either be given a traffic citation, or be taken without unnecessary delay before the proper magistrate. He must be taken before the magistrate in any of the following cases:

1. When the person does not furnish satisfactory evidence of identity or when the peace officer has reasonable and probable grounds to believe the person will disregard a written promise to appear in court;

2. When the person is charged with a violation of NRS 484.701, relating to the refusal of a driver of a vehicle to submit the vehicle to an inspection and test;

3. When the person is charged with a violation of NRS 484.755, relating to the failure or refusal of a driver of a vehicle to submit the vehicle and load to a weighing or to remove excess weight therefrom; or

4. When the person is charged with a violation of NRS 484.379 or 484.379778, unless he is incapacitated and is being treated for injuries at the time the peace officer would otherwise be taking him before the magistrate.

(Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362; 2007, 2807)

Yes- You Do Have to Sign that Traffic Citation

If you receive a traffic citation, you must sign the citation or face possible arrest for failure to sign the citation. Once the officer writes the citation, he or she will present it to you for signature. By signing, you are not admitting guilt, but rather acknowledging that you are aware of the citation and will appear on the date and time listed. If you refuse to sign the citation, you can be arrested. Please see Nevada Revised Statute 484.793:

NRS 484.793 When person must be taken immediately before magistrate.

Whenever any person is halted by a peace officer for any violation of this chapter not amounting to a gross misdemeanor or felony, he shall be taken without unnecessary delay before the proper magistrate, as specified in NRS 484.803, in either of the following cases:

1. When the person demands an immediate appearance before a magistrate; or

2. In any other event when the person is issued a traffic citation by an authorized person and refuses to give his written promise to appear in court as provided in NRS 484.799.

(Added to NRS by 1967, 1211)—(Substituted in revision for NRS 484.722)

On another note, under NRS 484.793 (1), you could demand to "see the magistrate" yourself, but that would involve a preliminary a stop at the local jail or detention center first for processing before you see a magistrate (or Judge.) You may end up delayed at the jail or detention center waiting for the next available time to see the magistrate. Not a fun proposition.

In addition to the violations listed on the traffic citation, you may also be charged with "Obstruction of a Police Officer" or other similar offense for your failure to sign the citation.

Got Tickets?

In Nevada, it is possible to have a traffic citation reduced to a non-moving violation so that it will not affect your driving record. If you pay a traffic citation fine for a moving violation, the Court will report the matter to the Division of Motor Vehicles, and the demerit points for the underlying offense will be assessed to your driving record. By having the original offense reduced, you can reduce or entirely avoid the demerit points.

Before you simply pay a traffic citation, consider consulting with an attorney. You may be able to save money, prevent insurance increases, and avoid a court appearance.