Challenge a Traffic Ticket With An Experienced Lawyer

April 29, 2024

If you have ever been pulled over by a law enforcement officer for allegedly committing a traffic violation, you know how frustrating – and potentially expensive – a routine traffic stop can be. Those flashing lights in your rearview mirror could wind up costing you hundreds of dollars in fines and costs, increased insurance premiums, and even the suspension of your driving privileges. The good news, as explained by a Las Vegas traffic ticket lawyer, is that you have the right to challenge a traffic ticket.

What Are the Potential Penalties for a Traffic Ticket?

When a law enforcement officer conducts a traffic stop, the law says they must have reasonable suspicion that a law has been violated. A simple traffic infraction, such as speeding, failing to yield, or operating a motor vehicle with an inoperable tail light is a sufficient cause for conducting a traffic stop.

If you are ultimately found guilty of committing an infraction, you will be ordered to pay a monetary penalty along with court costs and fees. The total amount owed will vary depending on the infraction, but can easily approach $1,000. Your car insurance premiums may also increase for several years following some traffic tickets. In addition to monetary penalties and increased car insurance premiums, the Nevada DMV operates a demerit point system that assigns demerit points to your driving record when a conviction notice or notice of infraction from a court is received. If you receive 12 or more points in any 12-month period, your driver’s license is automatically suspended for six months.

What Is the Difference Between a Civil Infraction and a Criminal Traffic Violation?

A traffic stop could result in the issuance of a civil traffic infraction or a criminal traffic violation. A civil infraction is a non-criminal traffic infraction, punishable by monetary penalties and points against your license only. Examples of civil infractions include things such as speeding and failing to signal a turn. You will not be required to appear in court for a civil infraction unless it is your fourth or greater occurrence within three years. A criminal traffic violation is charged as a misdemeanor, potentially punishable by a period of incarceration and/or fines and costs. Examples of criminal traffic violations include reckless driving and driving under the influence (DUI). If you are charged with a criminal violation, you will be required to appear in court.

Can I Challenge a Traffic Ticket in Nevada?

Whether you were issued a civil traffic infraction or were charged with a criminal violation, you have the right to challenge, or contest, the allegations. How you go about doing so will depend on which type of ticket you were issued.

If you were issued a civil infraction, you have the option to pay for the ticket if you do not wish to dispute the allegations. In that case, a record of conviction will be forwarded to the Nevada Department of Motor Vehicles (or appropriate state agency) and points may be assigned to your driving record. If you were charged with a criminal violation, you must appear in court and plead no contest or guilty if you do not want to dispute the allegations.

To challenge (dispute) a civil infraction, you must submit a form to the appropriate court requesting a hearing within 90 calendar days from the date the ticket was issued. You will be required to post a bond in the amount equal to the full payment of the civil penalty, the administrative assessment, and any fees specified for the civil infraction unless you qualify for a hardship waiver. After the court receives notice that you have disputed the ticket, you will be assigned a hearing date. To dispute a criminal violation, you must appear in court on the date and time assigned to your case and plead “not guilty.” The court will then give you a trial date at which you will be able to defend the allegations against you.

What Should I Do If I Want to Challenge a Traffic Ticket in Las Vegas?

If you were issued a traffic citation or were charged with a criminal violation, consult with an experienced traffic ticket lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.