CHAPTER TEN

THE POINT SYSTEM

The State of Nevada uses a Demerit Point System to keep track of motorist accidents and moving violations. As previously mentioned, driving is a privilege granted to you by the State of Nevada. In order to keep that privilege, you must continue to drive safely, obey traffic laws, and respect the driving rights of other motorists. If you do not, your driving privilege may be suspended, revoked or cancelled. Traffic accidents and violations become part of your record, even ones that take place in other states. Moving violations are reportable to your insurance company for three years, and DUI-related convictions remain on your record for seven years. Every traffic violation and DUI-related conviction has a pre-assigned point value. The Department of Motor Vehicles and Public Safety is notified by the court of the conviction, and the points are entered on your record. The following is a list of violations and the points that are assigned for each:

  • Reckless Driving... 8 points
  • Careless Driving... 6 points
  • Failure to give information or render aid at the scene of an accident... 6 points
  • Speeding 16 mph or more over the posted limit in a school zone... 6 points
  • Following too closely... 4 points
  • Failure to yield right-of-way... 4 points
  • Disobeying a traffic signal or a stop sign... 4 points
  • 21 mph or more over posted limit... 4 points
  • Failure to yield to a pedestrian... 4 points
  • Driving too slowly, impeding traffic... 2 points
  • 11 to 15 mph over posted limit... 2 points
  • Failure to dim headlights... 2 points
  • 1 to 10 mph over posted limit... 1 point
*There are additional penalties for certain traffic violations committed by a person with a Commercial Drivers License, and additional demerit points may be assigned.

If you accumulate 12 or more points in any 12-month period your license will be suspended. If you are in danger of getting too many points, you may remove three points from your record by attending a traffic safety course. If you have three to eleven points on your record, you may have three points removed by attending a DMV & PS approved traffic safety course. You may attend one of these courses once every 12-months to remove points from your record. The points will be removed upon completion. However, the record of the conviction remains part of your driving history. The license review department will notify you if your record and total points show you may have trouble driving safely.

*Major traffic offenses, such as DUI or causing bodily harm, will result in your driving privileges being suspended. These types of offenses are not assigned demerit points.

Under certain circumstances you may lose your Nevada driving privilege and your license without being assigned demerit points. The following is a list of examples of why your driving privilege can be suspended or revoked:

  • DUI - If a breath, blood, or urine test shows that you were driving under the influence of drugs or alcohol or if you are convicted of DUI.
  • Failure to Appear - If you do not pay your fine or show up at court for a traffic ticket.
  • No Insurance - If you are caught driving without the necessary liability insurance, your vehicle registration and drivers license will be suspended.
  • Failure to Maintain - If you are required to show proof of financial responsibility because your license was suspended or revoked, and do not do so.
  • Child Support - If you do not pay a court-ordered child support payment.
  • Graffiti - If you are convicted of a graffiti violation.
  • Firearms - If you are a juvenile and are found guilty of certain firearm-related offenses.
  • Alcohol and Drugs - If you are a juvenile and are convicted of buying, drinking, or possessing alcohol, or using, buying, possessing or selling any controlled substance.

Once your suspension or revocation period is over, your driving privileges are not automatically reinstated. You are required to reapply for a license at a full service DMV office and meet requirements for reinstatement. You will also need to pay any required reinstatement fees.

If you have been convicted of two or more moving traffic offenses in separate incidents within 12 months, you will be required to appear personally in court after any subsequent arrest or citation. Normally you can have your lawyer show up for you, but this option will not be available after so many traffic violations.

Other Penalties

Evading a Police Officer - If you evade or ignore a peace officer signaling you to stop, you may be found guilty of a misdemeanor, which may result in up to 6 months in prison and/or a fine of $1,000. If you are convicted of DUI, this charge becomes a felony. However, if this act results in death or substantial bodily harm to another person, you will face up to 20 years in prison, a fine of up to $50,000, or both. When a police officer directs you to stop or pull over, it is in your best interests to comply!

Negligence - If you kill someone through simple negligence, such as going through a stop sign you didn't see, you will be charged with a misdemeanor, which carries a minimum 1-year jail sentence and a fine of $1,000. In addition, your driver license will be revoked for one year.

Reckless Driving - It is illegal to drive a vehicle in willful or wanton disregard for the safety of persons or property. In addition, it is illegal to drive in an unauthorized speed contest on a public highway (street racing). Both of these are considered reckless driving, which is a misdemeanor carrying a jail sentence of up to 6 months, a fine of up to $1,000, or both. However, if this act results in death or substantial bodily harm to another person, the offense becomes a category B felony, which may result in a prison term of one to six years, a fine of up to $5,000, or both.

You will have to pay a fine and may also spend up to six months in jail if you are convicted of reckless driving. A first offense will result in a fine of $250 to $1,000. For a second offense, you must pay a fine of $1,000 to $1,500. Upon a third offense, the result will be a fine of $1,500 to $2,000. Your driver's license will also be suspended for six months to two years.

If you are convicted of being in a speed contest, community service will also be required. For a first offense, you must spend a minimum of 50 hours; for a second, 100 hours; for a third or subsequent offense, a minimum of 200 hours. The court will also order that your car be impounded for 15 days for a first offense and 30 days for any subsequent offenses. In addition, organizing an illegal speed contest carries the same penalties as driving in one.