Personal Injury Attorneys » Nevada Law Resources » Nevada Revised Statutes 484B.165 – Using a Cell Phone While Driving

Nevada Revised Statutes 484B.165 – Using a Cell Phone While Driving

Nevada Revised Statutes 484B.165 is Nevada’s using a cell phone while driving law. Nevada law prohibits talking on a cell phone while driving. The law also prohibits texting while driving. If a person is caught texting while driving or talking on the phone while driving, they may face a traffic ticket.

When an accident occurs, cell phone use may be an example of negligence and grounds for legal liability. Our Nevada car accident attorneys explain Nevada Revised Statutes 484B.165 and the Nevada cell phone while driving law.

Nevada Revised Statutes 484B.165; Nevada Law 484B.165

Nevada Revised Statutes 484B.165 is Nevada’s cell phone use law.[1] It is illegal to use a cell phone to talk or text while driving. The law prohibits using a handheld wireless communication device while driving. Specifically, the law says a person shall not manually enter text into a cell phone, send data, search the internet, message, or engage in non-voice communication of any kind while operating a motor vehicle.

Nevada law 484B.165 also says that it’s illegal to use a cell phone to engage in communications with another person unless the communication is hands-free.

Can You Text and Drive in Nevada?

No, you cannot text and drive in Nevada. Under Nevada law 484B.165, it is illegal to text and drive in Nevada. Any kind of non-verbal communication counts, including text, emojis, and data.

Basically, it’s illegal to communicate in any way with a cell phone in Nevada while driving, as it is considered distracted driving. There are exceptions for emergencies and law enforcement personnel. However, in general, you cannot text and drive in Nevada because of the Nevada cell phone and driving law.

How Much Is a Cell Phone Ticket in Nevada?

A cell phone ticket in Nevada is $50 for a first offense. If you receive a second ticket in seven years, the cell phone ticket in Nevada is $100. For a third offense within seven years, the cost of a ticket is $250. Anyone who receives a cell phone ticket also pays court costs, which can double the cost of the ticket. There are additional penalties if the offense occurs in a work zone.

Is a Cell Phone Ticket a Moving Violation in Nevada?

No, a cell phone ticket is not a moving violation in Nevada for a first offense. For a second or third offense, the State of Nevada treats a cell phone ticket as a moving violation. A first offense cell phone ticket is a non-moving violation in the State of Nevada. However, a second or subsequent cell phone ticket offense is a moving violation in Nevada that may result in four points added to your driver’s license history.

Can a Texting Driver Face Criminal Charges?

Yes, a texting driver can face criminal charges. First, a texting driver may receive a ticket for violation of Nevada law 484B.165, using a cell phone while driving. In addition, if an accident occurs, the driver may face charges of vehicular manslaughter, reckless driving, or other charges.[2] A driver may face criminal charges for texting, depending on the harm that occurs and the specific actions of the driver.

How Do You Prove That Another Driver Was Texting and Driving?

To prove that another driver was texting and driving, you build evidence. For example, you can use the legal discovery process to review records from the driver’s phone. The records may show messages that they sent.

Some software programs even keep records of data entered into the phone even if the user doesn’t end up sending the message. In addition, witness testimony may be crucial to proving that another driver was texting and driving. There are several different ways to build the evidence to prove that another driver was texting and driving.

Exceptions to the Nevada Texting While Driving Law

The following people and circumstances are exempt from the Nevada texting while driving law:

  • Police
  • Emergency medical personnel; EMTs
  • Firefighters
  • A layperson reporting an emergency
  • Public utility employees doing their work
  • Federal Communications Commission emergency drills

Texting and Driving Lawsuit

A texting and driving lawsuit is a lawsuit based on the negligence of a driver texting and driving. Drivers have an obligation to be careful on the roads. Negligence, or the lack of ordinary care, can be the grounds for a texting and driving lawsuit. When a driver violates a traffic law, like the texting and driving law, their actions may be automatically considered negligence. The general rule is that reasonable people follow the law. When a person breaks the law by texting and driving, the victim may have grounds for a texting and driving lawsuit.

Cell Phone Use Driving Lawsuits

If you’re the victim of a cell phone use driving accident, you may deserve financial compensation. Even if the driver receives a ticket, you can bring a claim for compensation. In fact, the cell phone use ticket may help you win your case. A victim of a cell phone accident may bring a claim for compensation.

Your cell phone case is separate from, and in addition to, any ticket that the driver receives. When the driver receives a ticket from the police, that proceeding is handled separately from your car accident claim. It’s imperative to bring your own claim for compensation. Only in a civil claim can you receive all of the compensation that you may deserve.

In a cell phone lawsuit, you may receive a wide range of compensation. In an at-fault accident state, like Nevada, the driver who causes the accident has to pay for the harm that they cause. In the case of a texting driver or driver talking on their cell phone, the victim may recover financial damages and pain and suffering compensation. Each case is unique; however, Nevada car accident laws operate to fully compensate the victim of a texting while driving or cell phone accident. Your Nevada accident attorney can help you claim the full amount of compensation that you deserve.

Nevada Car Accident Injury Lawyers

If you have questions about Nevada law 484B.165 cell phone use while driving laws, call our Nevada cell phone use while driving attorneys for a confidential consultation.


[1] NRS 484B.165

[2] NRS 484B.675

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