Nevada law requires seatbelts. If you fail to wear a seat belt in Nevada, you face a misdemeanor charge and a $25 fine. Here’s what you need to know about Nevada seat belt laws from our Las Vegas car accident attorneys.
Do You Have to Wear a Seat Belt in Nevada?
Yes, you have to wear a seat belt in Nevada. Nevada law requires seatbelts for all passengers of any age. Seatbelts are mandatory whether you sit in the front or back seat. There are a few exceptions including for postal carriers and drivers with a doctor’s excuse. Children under the age of six years old must be in an appropriate car seat, according to Nevada car seat laws, instead of a seat belt.
Do You Have to Wear a Seat Belt in the Back Seat in Nevada?
Yes, you have to wear a seat belt in the back seat in Nevada. Seat belt laws in Nevada require everyone in the vehicle to have a seat belt on no matter where you’re sitting in the vehicle. Even passengers in the back seat must wear a seat belt at all times in Nevada.
What Is Nevada’s Seat Belt Law?
Nevada seat belt law is Nevada Revised Statutes 484D.495. The law says that everyone older than six years or who weighs 60 pounds or more must wear a safety belt or shoulder harness at all times in a moving vehicle. Each person in the vehicle must wear the safety belt fitted for their seating position. The driver or passenger may get a ticket for a seat belt violation. Law enforcement may issue a citation to the driver for a child who is not wearing a seat belt.
What’s the Penalty for Not Wearing a Seat Belt in Nevada?
The penalty for not wearing a seat belt in Nevada is a $25 fine. There are no license points assessed. Failing to wear a seat belt is a misdemeanor offense in Nevada that goes on your criminal record. If you fail to respond to a ticket, the court may issue a bench warrant for your arrest.
Is a Seat Belt Violation a Moving Violation in Nevada?
No, a seat belt violation is not a moving violation in Nevada. It’s a non-moving violation. The State of Nevada does not assess license points for a seat belt violation, and they don’t suspend your license for it. However, a child car seat violation may result in more serious penalties. If both the driver and a child are without seat belts, law enforcement may issue only one citation for both offenses.
What Are the Exemptions to Seat Belt Laws in Nevada?
The exemptions to seat belt laws in Nevada include:
- The person has a doctor’s note that excuses them from wearing a seat belt for medical reasons
- Postal employees delivering mail
- Delivery drivers who travel no more than 15 miles per hour and make frequent stops (newspaper or phone book deliveries, for example)
- People using public transportation
Can You Have a Jury Trial for Failing to Wear a Seat Belt in Nevada?
No, you can’t have a jury trial for failing to wear a seat belt in Nevada. The charge isn’t serious enough for constitutional jury trial rights to apply. If you contest your seat belt charge, you can expect to have a bench trial in front of a judge.
Can You Seal a Conviction in Nevada for Failing to Wear a Seat Belt?
Yes, you can seal a conviction in Nevada for failing to wear a seat belt. You must wait one year from the date of your conviction to begin the sealing process. If the court dismisses your seat belt charge, you can have the record sealed right away.
Defenses to Not Wearing a Seat Belt in Nevada
Here are some possible defenses to a charge of not wearing a seat belt in Nevada:
- The defendant was wearing a seat belt; the police are mistaken
- There was no seat belt available in the vehicle, and the vehicle was so old that the vehicle is exempt from having them
- A driver or passenger has a medical excuse and a doctor’s note
- Police pull the driver over only to investigate the seat belt violation; the police make an impermissible stop
- The state attorney agrees to dismiss the charges as part of a plea bargain to other charges
Nevada Seat Belt Charge Secondary Offense
A seat belt charge in Nevada is a secondary offense. That means the police can’t pull you over just to investigate whether or not you are wearing a seat belt. The police can cite you for a seat belt offense only if they stop you for another offense. If they pull you over just for the seat belt, the court should suppress the evidence against you and dismiss your case.
Should I Fight a Seat Belt Ticket in Nevada?
Because a seat belt ticket is a secondary offense, it almost always accompanies other charges in the State of Nevada. That makes it a good idea in nearly every case to speak with an attorney and fight the charges even if you think the case seems hopeless. An attorney may have ways to reduce the charges or win a dismissal that you aren’t aware of. An experienced attorney can help you address all of the charges against you with a comprehensive approach and legal strategy.
Can Not Wearing a Seat Belt Be an Issue in a Car Accident Case?
Yes, not wearing a seat belt can be an issue in a car accident case. The defendant may argue that you are responsible for some of your own damages if you fail to wear a seat belt. They can make the argument even if you aren’t at fault for the accident.
However, it’s essential to understand that you may still be able to bring a claim for compensation if the accident is someone else’s fault. An experienced attorney can help you understand how not wearing a seat belt might play a role in your car accident case.
Contact Our Nevada Car Accident Lawyers
Have you been in an accident? Is not wearing a seat belt an issue in your case? We’re here to help. At Adam S. Kutner & Associates, we help good people who need help after a car accident. We can help you understand your rights and your options. If you choose to work with us, we can help you pursue the best possible outcome under Nevada law. Contact us today for a free consultation about your case.