NRS 484B.270 – In the state of Nevada a driver is required ‘to exercise due care’ when travelling and sharing the road with bicycles, electric bikes or scooters.
It is illegal to ‘not exercise due care’ to a bicyclist and a driver may be cited for a ticket for this misdemeanor infraction.
This law is put in place for the protection of the riders and to remind the motorist that bicyclists have the same rights to the road that they do.
These rules may seem like common sense but are important for road safety.
Here are a few of the many details pertaining to this law.
- The motor vehicle driver shall not intentionally interfere with the movement of a person lawfully riding a bike, electric bicycle or scooter.
- If a driver is overtaking or passing a bicycle, electric bike or scooter in the same direction they must exercise due care.
- If there is more than 1 lane in the same direction the motorist should pass in the left lane if it is safe and available.
- If there is only 1 lane the motorist needs to pass to the left and not get within 3 feet of the cyclist.
- The motorist should exercise due care and give caution with a horn to help avoid any type of collision with the bicycle rider.
- The motorist shall not go through an intersection while driving within a bike lane provided for the rider.
- A motorist must yield the right away to a person on a bicycle, electric bike, scooter or pedestrian on a pathway or lane.
If a driver of a motor vehicle causes a collision with a bike, electric bike or scooter the driver is subject to additional penalties under the law.
A ‘failing to exercise due care to bicyclists’ in Nevada is a rather detailed rule that some motorists may not be fully aware of.
A traffic ticket can be complicated and a person may be cited and not fully understand why or what to do next.
This is where our expert defense attorneys at Ticket Busters can help.
If you have been issued a ‘failing to exercise due care to bicyclists’ ticket our legal team at Ticket Busters can look at the details of your case and try and help you fight the ticket.
Call, email us or just walk in our office for your free consultation.
What is the Penalty for a ‘Failing to Exercise Due Care to Bicyclists’ in Nevada?
This ticket is considered a misdemeanor.
It comes with 4 demerit points.
Fines start at around $250 -$1000 for a first offense but will increase for second, third etc. offenses.
If a driver collided with a bicyclist than community service will be on the table.
At the moment it is around 50-99 hours of community service for the first-time offender.
Second time offense is $1000-$1500 fine and 100-199 hours of community service and it just keeps going up from there.
It is possible that in certain circumstances the judge could put a defendant in jail however this is rare.
It is important to know that community service is only mandatory in some cases where lack of care was the cause of a crash.
The motorist may also have bigger problems and felony charges of reckless driving if the bicyclist was severely injured or killed in a crash.
As you can see this ticket comes with a hefty fine and more demerit points than some of the other traffic tickets.
This is an important safety issue and the courts and judges take this citation seriously.
So should you.
Ticket Busters specializes in all types of traffic tickets including failing to exercise due care to bicyclists.
Fight the Charges of a ‘Failure to Exercise Due Care to Bicyclists’ Ticket
It is a good idea to fight a traffic ticket.
It is possible in some cases to get the ticket reduced.
This could mean getting a moving violation reduced to a non-moving violation.
This can get rid of those demerit points that can add up and create a whole new set of issues.
Getting 12 demerit points in a 1-year period will get you a suspended license for 6 months.
How Do I Fight a ‘Failure to Exercise Due Care to Bicyclists’ Ticket
This is where Ticket Busters can really help.
Any evidence of innocence that shows that you did not deserve the ticket is helpful.
This can come in the form of video, pictures, eyewitness testimony etc.
It is possible that the bicyclist was the cause of the accident and you were not.
Ticket Busters will look over all the evidence of your case and give you the best strategy possible to move forward.
Remember that in order to get a conviction the court has to show guilt beyond a reasonable doubt.
Call Ticket Busters today!
What About Traffic School
A judge may or may not require traffic school on a ‘failure to exercise due care to bicyclists’ ticket.
It may be in your best interest to complete a Level 1 Nevada Traffic School within a 5-day period of a guilty plea.
The judge is some cases will then lower the charge from a moving violation to a non-moving violation which may get rid of the demerit points.
Our defense team at Ticket Busters will look into your case and situation and find out if this at the right way to go.
Every ticket is unique and comes with its own set of circumstances.
Will Insurance Rates Go Up for a ‘Failure to Exercise Due Care to Bicyclists’ Ticket?
There is a good possibility that rates will go up if there is a conviction.
Hiring an attorney that specializes in traffic tickets in Nevada will often be able to help a defendant get their ticket reduced to a non-moving violation.
If the citation does get reduced then insurance rates have a better chance of not increasing.
Can a ‘Failure to Exercise Due Care to Bicyclists’ Ticket Get a Person Deported?
This is not a ticket that will get you deported.
It is always important to check immigration laws since they can change.
It is recommended that any non-citizen that gets a traffic ticket have an attorney defend them in a court of law.
Ticket Busters is here to help.
Commercial Driver’s License and a ‘Failure to Exercise Due Care to Bicyclists’ Ticket
If you are convicted of this ticket with a Nevada CDL, you will receive 4 demerit points on your license.
A driver with a Nevada CDL must tell their employer of the citation within 30 days of the date.
Do Not Ignore a Traffic Ticket in Nevada
Ignoring a traffic ticket in the state of Nevada will cause a lot of problems.
Don’t just ignore or forget about a ‘failure to exercise due care to bicyclists’ ticket.
There is a 30 days grace period for a traffic ticket to be handled and after that the courts will issue a bench warrant.
Community service must be offered before the bench warrant is issued.
If the bench warrant does get issued the more complicated the ticket becomes.
At this point it is best to hire a defense attorney to help navigate the legal issues.
Ticket Busters deals with all types of traffic tickets but also DUI, bench warrants and record seals.
Don’t let a traffic ticket turn into anything more than it is.
Driving Tips on Sharing the Road with Bike Riders
Bicyclists have the same right to the roads as any other driver.
The problem is they are harder to see or even hear for that matter.
There are many rules that try and help make the roads safer for bike riders but drivers may often not be aware of them.
This can make for a dangerous situation.
Accidents with injury may result when motor vehicles and cyclists collide.
Here are a few safety tips to keep in mind.
- Stay on the lookout for bicyclists and yield to them like you would any other vehicle.
- Be extra careful driving around intersections, sidewalks and driveways.
- Drive the speed limit and obey the rules of the road.
- When a cyclist is near drive defensively and give them space in order to avoid a crash.
- When taking that right turn look around and make sure a bike is not in the bike lane.
- Look both ways when taking a left-turn as well.
- When passing a cyclist don’t drive too closely to the bike rider.
It is always smart to play it safe when sharing the road with a bike rider.
If a motorist and a bike were to get in an accident there is a good chance of injury and too often a fatality.
Ticket Busters and our legal professionals will do everything possible to reduce or eliminate your traffic ticket.
Having us legally representing you will save you hours of time filing paperwork and standing in line at the courthouse.
Let us negotiate your case and get you the best possible result.
Don’t hesitate, contact our office today.
Frequently Asked Questions
What is the definition of failure to exercise due care to bicyclists in Nevada?
NRS 484B.270 states that drivers must use caution and slow down when approaching or passing a cyclist.
What are the consequences of failing to exercise due care to bicyclists in Nevada?
The penalties for this offense can include a fine, points on your license and an increase in insurance rates. In some cases, a driver may have their license suspended.
Can I get my ticket reduced if I am charged with failing to exercise due care to bicyclists in Nevada?
Yes, it is possible to get your ticket reduced if you hire an attorney that specializes in traffic tickets in Nevada (like the Ticket Busters).
What should I do if I am charged with failing to exercise due care to bicyclists in Nevada?
You should contact an attorney that specializes in traffic tickets to discuss your options and to help you create a defense.