Emergency situations can happen on the road at any time. If you’re driving and you see an emergency vehicle, a vehicle stopped by the side of the road, or even a pedestrian on the side of the highway, you need to move over and allow space. In fact, Nevada has a law that requires drivers to shift lanes away from traffic incidents on the side of the road. The law is called Nevada’s move over law. Here’s what you need to know from our experienced Las Vegas traffic ticket lawyers.

What Is Nevada’s Move Over Law?

Nevada’s move over law is Nevada law 484B.607 [1]. The law requires drivers to shift their vehicles out of the lane immediately adjacent to any traffic incident. In other words, you need to move your vehicle over to the next lane to give space for whatever is stopped on the side of the road.

Nevada’s move over law covers emergency vehicles, construction equipment, parked private vehicles, pedestrians, and even debris on the road. Drivers who violate Nevada’s move over law face fines, license points, and even jail time.

Emergency Response Vehicle

Nevada Revised Statutes NRS 484B.607

Nevada Revised Statutes 484B.607 is the Nevada move over law. The law makes it mandatory for drivers to move over for any emergency, government, or stalled vehicle. The law also requires drivers to move over for debris on the roadway or even people on the side of the road that may pose a danger to themselves or other drivers. Nevada Revised Statutes NRS 484B.607 makes it a criminal, moving traffic offense to fail to move over for a qualifying traffic incident.

Nevada Law 484B.607

Nevada law 484B.607 says the following:

  • Title: “Duties of driver when approaching traffic incident; penalty”
  • Applies when approaching a qualifying traffic incident, including:
    • Emergency vehicles
    • Stalled vehicles
    • Debris on the roadway
    • Government vehicles with flashing amber or non-flashing blue lights
    • Utility vehicles
    • Car accident scene
    • People on the side of the road
    • Other conditions that are a traffic hazard
  • Driver must:
    • Slow down
    • Proceed with caution
    • Be ready to stop
    • Drive in a lane away from the incident, if possible
  • A violation is a misdemeanor punishable by a fine of up to $395 and four license demerit points with additional penalties if the violation results in injury or death

Nevada Move Over Law Fine

The Nevada move over law fine is $395. If the offense occurs in a work zone, the fine is up to $790. If the violation results in injury or death, the fine may be even higher. In addition to the Nevada move over law fine, a violation also includes the possibility of jail time. However, for a simple violation of the move over law involving a person who has an insignificant traffic history, judges rarely impose jail time.

Penalties for a Violation of Nevada’s Move Over Law NRS 484B.607

Penalties for a violation of Nevada’s move over law include:

  • Jail time up to six months; more if injury or death occurs
  • Four license points (license is suspended for six months at 12 points)
  • A fine of $395; $790 if the infraction occurs in a work zone
  • Higher insurance rates
  • A criminal record
  • A traffic record

Defenses to the Nevada Move Over Law

Some of the possible defenses to the Nevada move over law include:

  • The vehicle did not have emergency lights or the amber, and blue lights that they should have had were not activated
  • It was not safe or feasible to move over into another lane because of additional traffic on the road
  • The driver moved over as much as possible, and the law enforcement officer did not have a good vantage point to see
  • Plea bargain to a non-moving violation

It’s common for the attorney who represents the state to agree to reduce the charge to a non-moving violation. A plea offer can be a welcome relief since a violation of Nevada’s move over law is a misdemeanor. To receive a favorable plea offer, your attorney can take your case to the state’s attorney to negotiate. The state doesn’t have to make an offer, so it’s important to carefully negotiate the resolution of the case. If you receive a favorable plea offer, there’s a good chance that one of the terms is going to be that you need to complete a session of traffic school.

What Happens If You Ignore the Ticket or Miss Court for Nevada’s Move Over Law?

If you ignore the ticket or miss court for Nevada’s move over law, you may be given a grace period. The grace period is usually 30 days. If you still haven’t addressed the ticket, the court issues a warrant for your arrest. Once a warrant is issued, the court will take you into custody until you answer to the charges. It’s never a good idea to ignore a move over violation ticket or miss a court date. In all cases, you reach a better result when you respond to the charges as soon as they occur.

Do You Have a Right to a Jury Trial for Nevada’s Move Over Law?

No, you do not have a right to a jury trial for Nevada’s move over law. Because a basic violation of the move over law is a misdemeanor, the right to a jury trial does not apply. Instead, a judge decides your case. You may receive a jury trial if your charges are combined with other, more serious charges.

What Are the Procedures of the Move Over Law?

The procedures of the move over law are to move over a lane and leave room for parked or stalled vehicles, including emergency vehicles. You must slow down and be prepared to stop. You don’t have to move over if it’s not possible or if it would be unsafe. However, in general, the procedures of the move over law require you to change lanes to avoid coming too close to stopped vehicles, people, or debris on the road.

Nevada Left Lane Law

The Nevada left lane law requires drivers to move into the left lane when they encounter an emergency vehicle, accident, or other vehicle stopped at the side of the road. Any kind of stalled vehicle, construction vehicle, or government vehicle counts, so it’s important to observe the Nevada left lane law whenever you encounter someone or something on the right-hand side of the road. You must decrease your speed and proceed slowly through the dangerous situation.

Attorneys for Nevada Traffic Tickets

Do you need an attorney for Nevada’s move over law? Our attorneys provide aggressive, passionate, legal representation for a wide variety of claims. Call us today for a complimentary review of your case.

Sources

[1] NRS 484B.607

Adam S. Kutner

Adam S. Kutner Personal Injury Lawyer

With more than 27 years of experience fighting for victims of personal injury in the Las Vegas valley, Attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.