An officer from LVMPD cites a crosswalk violator as two red hearts navigate the crosswalk at E. Russell Road and Euclid Street, one with a badge and the other the logo of Community Ambulance on Tuesday, Feb. 14, 2017.
Wednesday, Dec. 21, 2022 | 2 a.m.
Traffic in Nevada
Many Nevada motorists have entered the legal system over the years for a minor traffic infraction such as driving with a broken taillight.
After failing to pay the fine or appear in court for the violation, a bench warrant is issued and that motorist could spend time in jail. And being in jail for a handful of days ignites a ripple effect of missing work and potentially losing employment, which means not having funds to pay for household expenses like rent or utilities — or the traffic ticket.
A new law effective Jan. 1 is designed to bring change.
Nevada Assembly Bill 116, which was passed in the 2021 Nevada Legislature, decriminalizes minor traffic offenses and switches the offense from a criminal to a civil infraction. Major offenses like DUI charges aren’t included.
Leisa Moseley, the Nevada state director for the Fines and Fees Justice Center, said nearly 60% of outstanding fines in Nevada are for administrative offenses, and only 16% are non-traffic.
“What (the bill) does is it will get rid of warrants simply because you’re unable to pay a traffic ticket,” she said. “Whereas before, if you didn’t pay that ticket, you went into warrant status — as of Jan. 1, that will not happen. That’s very exciting.”
The bill received overwhelming approval by Nevada lawmakers, passing 20-1 in the state Senate — with only state Sen. Ira Hansen, R-Sparks, in opposition — and 38-1 in the Assembly. Republican Gregory Hafen opposed in the Assembly.
Nevada was one of 13 states that still arrests violators for unpaid major traffic infractions, which results in unnecessary jail time, state Senate Majority Leader Nicole Cannizzaro, D-Las Vegas, said during the session.
“As someone who, in my daily job, deals with the criminal justice system, I think that there are ways in which that system is exceedingly ineffective to deal with certain situations,” said Cannizzaro, a deputy district attorney. “I think that traffic tickets are something that squarely fall easily in that box.”
Now, police will be able to check whether an infraction is “civil” or “criminal” on a ticket, said Judge Belinda Harris, a justice of the peace in North Las Vegas. Harris spoke last week at a community event hosted by Clark County Commissioner William McCurdy II to explain changes the law will bring.
If it’s criminal, you must still appear in court. If it’s criminal and “regulatory,” however —meaning it’s related to registration, insurance and more — then you can upload the necessary documents online to prove their existence and the case can be dismissed.
“So that is still criminal, but the way they’re handling it should be a little smoother,” Harris said.
Some tickets can be considered both criminal and civil, Harris said, and will most likely appear as criminal until the district attorney’s office determines that an infraction can just be classified as civil.
Speeding up to 10 mph over the limit, for instance, is now going to be a civil instead of criminal infraction, she said.
Harris emphasized that driving impaired or over a certain speed — especially to the extent of causing a collision — remain criminal infractions under the new law, and a warrant for someone’s arrest will be issued if they fail to appear in court as ordered.
“So this is not a bill where if there’s a DUI, or excessive speeding, or reckless driving or evading an officer … it’s now civil and you don’t have to answer to it,” she said. “Because those things are still criminal; they still affect your liberty.”
The most important thing you can do in either case, criminal or civil, is respond to and communicate with the court as efficiently as possible, Harris stressed. Ignoring a criminal infraction will lead to a warrant for your arrest, she said, and ignoring a civil one can affect your credit.
“Do not let it linger, do not run from it — because that’s going to make it worse,” she said.
For existing cases that haven’t been adjudicated, meaning no party has pleaded guilty or not guilty, the district attorney’s office will determine what infractions can be switched from criminal to civil, or dismissed entirely, under AB116, Harris said.
If you are notified that your case has been switched from criminal to civil, then it is still up to you to respond accordingly, Harris said.
“Some of these are criminal today; criminal tomorrow; criminal forever,” Harris said. “Some of them are criminal today, civil tomorrow. And therefore, it’ll be different.”
Looking ahead, Moseley emphasized that — as AB116 is implemented and interpreted — there will be opportunity to revisit it and “iron out” some remaining creases, like what qualifies as a civil versus criminal offense.
Other changes she would like to see include allowing someone’s existing volunteer work or educational programming to act as their community service, and scaling fines based on an individual’s income or ability to pay a ticket.
“We’re going to need help passing this cleanup language,” said Moseley, who has advocated for the criminal justice reform bill for more than 10 years. “Because we’re just trying to make it easier for people to live every day.”
