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socrateaser
socrateaser, Lawyer
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Is it legal to tow a car with a tow strap and someone in the

Resolved Question:

Is it legal to tow a car with a tow strap and someone in the car being towed, to get the car off the road and to a shop, in the state of Nevada?
Submitted: 5 years ago.
Category: Legal
Expert:  socrateaser replied 5 years ago.

Please provide the code violation number (i.e., NRS ???.??).

 

Thanks.

 

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Customer: replied 5 years ago.
484.541
Expert:  socrateaser replied 5 years ago.

NRS 484.451 Driving upon sidewalk. The driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance. (Added to NRS by 1969, 1507)

 

Were you driving on a sidewalk?

Customer: replied 5 years ago.
484.541, not 451. Also 484.307 , following too close, which I found pertains mainly to 2 lane roads. I was on a 3 lane freeway. He said he stopped me for pulling a car with a stap and a person in the vehicle being towed and that was illegal, but gave me tickets that say nothing about being towed.
Expert:  socrateaser replied 5 years ago.

Whoops. Sorry.

 

NRS 484.541 A person shall not drive, move, stop or park any vehicle, or cause or knowingly permit any vehicle to be driven, moved, stopped or parked, except for purposes of repair, on any highway if such vehicle: (a) Is in such unsafe condition as to endanger any person or property.

 

NRS 484.307(1) The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

 

Based on the citation #s, the officer was of the opinion that your driving was unsafe and that the tow strap was causing you to endanger persons or property.

 

You can argue (1) that the vehicle was being operated for the purposes of repair, because you couldn't get it to the repair shop without towing it;, and (2) that you weren't driving fast enough to be following too closely, because the driver in the towed vehicle could stop in time. The proof for this is that you actually did get the vehicle to the shop and there was no accident.

 

Case closed.

 

Hope this helps.

Customer: replied 5 years ago.
Well they wouldn't let me continue on. I had to call a tow truck and he took it to the shop. I was just wondering if there was some hidden law somewhere that said towing with a strap was illegal cause he gave me no citation that resembles anything close to towing.
Expert:  socrateaser replied 5 years ago.

Nope. No such law. Regardless, you weren't in an accident before being stopped, and it's the officer's opinion against yours.

 

The thing is the officer's opinion isn't admissible into evidence, unless he/she is first qualified as an expert. And, the judge the witness, or you can object to "aiding the prosecution."

 

I know I'm making this seem easy, but I've never lost a traffic ticket case. You just have to be prepared. Half the time, the officer doesn't show and the case is dismissed anyway.

 

 

socrateaser, Lawyer
Category: Legal
Satisfied Customers: 34675
Experience: Retired (mostly)
socrateaser and 8 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you very much for your help!! I feel better now about fighting this. Have a great night. Rob
Expert:  socrateaser replied 5 years ago.

You're welcome.

 

There were some typos in my last response. It should have said, "And, the judge cannot help qualify the witness, or you can object to the judge "aiding the prosecution."

Good luck.

Customer: replied 5 years ago.
Aw ok. That makes more sense. lol! I was reading that over and over trying to make sense of it. Thanks
Expert:  socrateaser replied 5 years ago.
You're welcome and good luck!

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