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I became a resident of Las Vegas on 9-27-17. Prior to that I…

Customer Question
I became a resident...

I became a resident of Las Vegas on 9-27-17. Prior to that I lived in Lynnwood, WA for many years. I am retired on a set income so I moved to Las Vegas because of the lower cost-of-living and more sunshine.

Lawyer's Assistant: Has anything been filed or reported?

I was pulled over on my way to Las Vegas by the Humboldt Sheriff's Dept. on 9-26-17. There was a vehicle disabled on the right side of the road. Behind it was a patrol car with its lights flashing and the officer was standing behind his patrol car making motioning with his hands for traffic to move to the left lane. I did not understand his motions immediately and I did slow down. However, by the time I realized he wanted me to move from the right lane to the left lane, I was already past him. A few minutes later a law enforcement car with its lights flashing pulled me over and issued me a citation of $115.00 to be paid to Union Justice Court. Even though I thought I only should have received a warning, as I was not aware of any such law ? Also the officer said that this law requiring drivers to move to the far let lane was not to take effect until 10-01-2017. And I was given this citation on 9-26-2017. So supposedly this was not even law yet? I was ready to pay the $115.00 fine just to be done with it, but State Farm insurance agent said I could pay an attorney $50.00 to get my ticket changed from a moving violation to a parking citation. Otherwise, my insurance rates would increase dramatically. So I have 2 questions. Did I break any law in the first place? and secondly, if not, can I get the charge changed a moving violation to a parking citation so as not to increase my insurance?

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am a 68 years old and retired

Submitted: 10 months ago.Category: Traffic Law
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Answered in 16 minutes by:
10/4/2017
Traffic Lawyer: Law Educator, Esq., Attorney replied 10 months ago
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 126,712
Experience: Attorney with over 24 years of law and traffic law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Traffic Lawyer: Law Educator, Esq., Attorney replied 10 months ago

Nevada has had a move over law since 2003. The law requires you to "slow down or move to the far lane" when passing an official emergency response vehicle(s) pulled over on the side of the road with ***** *****ghts flashing. On 10-1-17, the amendment to the law went into effect to include any traffic incident with vehicles or debris on the roadway. So the 10-1-17 amendment did not change the NV law that said since 2003 that if there is a emergency vehicle on the side of the road with lights activated you must slow down or move to the left lane, that part of the law has been effective since 2003.

If you went by an emergency vehicle with lights activated prior to 10-1-17, you still were violating that part of the law.

You can and should go to court and plead not guilty and you need to argue that while you may not have moved to the left you did slow down significantly when you were passing.

NRS 484B.607 Duties of driver when approaching authorized emergency vehicle which is stopped and using flashing lights or tow car which is stopped and using flashing amber warning lights; penalty. 1. Upon approaching an authorized emergency vehicle which is stopped and is making use of flashing lights meeting the requirements of subsection 3 of NRS 484A.480 or a tow car which is stopped and is making use of flashing amber warning lights meeting the requirements of NRS 484B.748, the driver of the approaching vehicle shall, in the absence of other direction given by a peace officer:

(a) Decrease the speed of the vehicle to a speed that is:

(1) Reasonable and proper, pursuant to the criteria set forth in subsection 1 of NRS 484B.600; and

(2) Less than the posted speed limit, if a speed limit has been posted;

(b) Proceed with caution;

(c) Be prepared to stop; and

(d) If possible, drive in a lane that is not adjacent to the lane in which the emergency vehicle or tow car is stopped, unless roadway, traffic, weather or other conditions make doing so unsafe or impossible. 2. A person who violates subsection 1 is guilty of a misdemeanor.

So you arguing that you slowed down significantly can be the basis for the prosecutor to dismiss your case. Using a local attorney to pursue your defense under that basis could save you on your insurance increases and would be worth the cost to the attorney.

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