Speeding Tickets in NevadaFighting a Speeding Ticket in Nevada
Nevada Points – Fines Reciprocity and Other Issues
Speeding is a misdemeanor in Nevada and subject to fine and/or imprisonment. However, absent bodily or property injury, it is likely that paying the fine will be sufficient.
It is unlawful to drive above 75 miles per hour anywhere in the state of Nevada. However, the Department of Transportation has the authority to post lesser limits. These limits will range depending on the surroundings. It is unlawful to drive at a rate exceeding the posted limit or at a rate that is unreasonable given the surrounding conditions. These conditions may include presence of pedestrians, traffic conditions, weather conditions such as rain or snow, areas of construction, etc. The Department of Transportation will consider a variety of factors in establishing the speed limit include pedestrian activity, protection of the natural environment, history of accidents, nearby recreational activities, and the ability to enforce those limits. The Department of Transportation has a duty to adequately place signs or otherwise effectively notify drivers of the limit.
A driver also has a duty to decrease speed during certain road conditions such as when approaching and crossing an intersection, approaching and going around a curve, approaching a hill crest, when traveling on a narrow or winding highway, or when special hazards exist. There is no formula to determine what speed is reasonable when any of these dangerous conditions exist, and it is often at the discretion of the officer to determine whether a violation has been committed. A person who violates these laws is subject to punishment. The extent of the punishment may be determined by the rate above the maximum limit that the driver was traveling.
The Department of Transportation also has the authority to post minimum speed limits. A driver must not drive at a rate so slow as to fall below a posted minimum limit or as to hinder traffic unless conditions make it unreasonable. If a driver has a trail of five or more vehicles behind him/her, the driver must pull over at a reasonable location to let the others pass.
A continuous violation or multiple violations during the course of one mile may constitute aggressive driving, and may subject the driver to increased penalties such as an increased fine and/or criminal prosecution of a misdemeanor. Multiple offenses of aggressive driver may also subject a driver to safety programs and/or suspension or revocation of a license.
Though there is not a specific rate over the speed limit, excessive speeding or racing may constitute reckless driving. Drivers found in violation of reckless driving are guilty of a misdemeanor, which is punishable by a fine and/or imprisonment. Multiple counts of reckless driving may also result in imposition of community service, revocation or suspension of license, or impounding of the driver’s car.
Absolute Speed Limits in Nevada
It is unlawful to drive over 75 miles per hour on any road in Nevada. However, where there are posted speed limits, a driver may not exceed the maximum. The posted speed limit may vary depending on the region. On a rural freeway the maximum speed limit is generally 75 mph. On an urban freeway, the maximum speed limit is generally between 60 and 65 miles per hour. On a divided rural street, the maximum speed limit is between 65 and 70 miles per hour. On an undivided rural street, the limit ranges between 55 and 70 miles per hour. In a rural county, the limit ranges between 55 and 70 miles per hour. In a residential area, the limit is 25 miles per hour. In a school zone, the limit ranges between 15 and 25 miles per hour depending on the time of day and whether children are present. A driver who exceeds the posted limit is automatically in violation of the law. There may be multiple speed limits posted on the same road depending on the type of motor vehicle. For example, the maximum speed limit on a freeway may be 65 miles per hour for most vehicles, but 55 mph for commercial vehicles or other similar large vehicles.
Presumed Speed Limits in Nevada
Even if a driver proceeds at a speed below the posted speed limit, he/she may still be cited for speeding for driving at (1) a rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions; and/or (2) a rate as to endanger the life, limb, or property of another person. An officer may consider a posted speed limit unreasonable where there is heavy traffic causing other cars to drive at a considerably lower rate, where the road is narrow and/or rough, or when it is rainy, foggy, or snowy. Similarly, there may be individual circumstances, such as a stalled car or collision, necessitating a slower rate of driving. The presence of people attending to their car may create a danger that requires other cars passing by to slow down. It is difficult to determine what a reasonable speed is as it is often subjective. However, where any of the above conditions are present, it is generally expected that drivers behave more cautiously and reduce their speed.
There is also a duty for drivers to decrease speeds when approaching and crossing an intersection, approaching and going around a curve, approaching a hill crest, traveling on a narrow or winding highway, when special hazards exist, or as necessary to avoid colliding with any person or vehicle.
Minimum Speed Limit in Nevada
Drivers may also be cited for driving too slowly. It is unlawful for a person to drive at such a slow speed as to impede the normal and reasonable movement of traffic regardless of whether a minimum speed sign is posted. However, if conditions are present that make it dangerous or unreasonable to drive above the minimum speed limit, a driver must slow down. For example, if a traffic collision slows down the speed of traffic to 15 miles per hour in a minimum speed limit zone of 30 miles per hour, a driver is not expected to follow the minimum limit. A driver of a slow-moving vehicle on a one lane road must pull over to allow other cars to pass when five or more vehicles are lined up behind him/her.