Texting and driving, although very dangerous, is extremely common in America today, and people fail to recognize the severity it can have. It may seem quick and easy to send a five-word message to someone, but a lot can happen on the road while you have your eyes on your phone. Receiving a ticket while operating a motor vehicle is never fun, but causing an accident due to sending a text message is even worse. Unfortunately, not everyone will follow the laws of texting and driving, but we can urge drivers to be cautious and obey the rules of the road.
What Are The Fines?
The fines for handling a wireless device behind the wheel in Nevada increase with every conviction. Under the NRS 484B.165 law in Nevada, handling a wireless device behind the wheel of a motor vehicle is a misdemeanor. The first time a driver is caught texting while operating a motor vehicle results in a $50 fine. A second offense within a seven-year period is a $100 fine and four demerit points on your driver’s license. A third offense within a seven-year period is $250 and another four demerit points on your driver’s license. If you get pulled over for handling a wireless device while operating a motor vehicle in a work zone, the court will double the fine. Depending on the harm of a victim in a distracted driving accident, the driver may face criminal charges. A study at Virginia Tech Transportation Institute discovered that texting while driving increases the risk of an accident by 23 times. Handheld cell phone use and texting while driving pose the highest risk of accidents. So far in the United States, 48 states, including the District of Columbia, have banned texting while driving.
Can I Fight the Charges?
Although Nevada is very strict on the laws of distracted driving, it is possible that you can fight the charges at court. The evidence you could use to fight the charges includes:
- Photographs and surveillance video.
- The defendant’s phone records.
Are There Any Exceptions?
Yes, there are some exceptions to handling a wireless device while operating a motor vehicle such as:
- A law enforcement officer or any person designated by a sheriff or the Department of Public Safety who is acting within the course of their employment.
- A firefighter, paramedic, emergency medical personnel or another person who is trained to provide emergency medical services who is acting within the course of their employment.
- A person who is reporting a criminal activity, medical emergency, safety hazard or seeking assistance related to a criminal activity, medical emergency or safety hazard.
- A person who is responding to a situation requiring immediate action to protect the safety or health of the driver and stopping the vehicle would be dangerous.
- A person who is licensed by the Federal Communications Commission as an amateur radio operator and is providing communication due to a disaster or emergency.
Although it is illegal to use a handheld wireless device while operating a motor vehicle, it is legal to use a cell phone hands-free communication device or a bluetooth device, such as an earpiece. It is also illegal to hold a phone up to your ear to speak while driving or to read from it. Drivers should primarily rely on using a hands-free communication device to send and receive messages while driving to prevent the risk of receiving a ticket or injuring someone in an accident.
At Ticket Busters, we highly encourage all drivers to obey the rules of the road and hold back from texting while driving to help save your life and the lives of others. Texting while driving is too risky and can ultimately take the life of someone involved in an accident. If you or a loved one gets hit by a distracted driver, our attorneys will ensure you get compensated for their wrongful actions.