Legislative changes in recent years have reshaped the way Nevadans handle their traffic tickets. Since 2023, certain minor traffic violations are now categorized as civil infractions rather than criminal misdemeanors. This shift has significant implications for drivers, altering the burden of proof required and changing the dynamics of resolving traffic infractions.
A comprehensive investigation by the Review-Journal in 2022 shed light on the prevalence of traffic tickets being downgraded to mere parking violations in court. The study also revealed a lack of cohesion among different court systems, with information existing in isolated silos and no efficient means to track repeat offenders across neighboring jurisdictions.
Top officials within the justice system have championed the transition of some offenses to civil infractions as a means to streamline the ticket resolution process. By moving away from a criminal framework, prosecutors are no longer mandated to participate in civil cases, resulting in fewer opportunities for plea negotiations. Clark County District Attorney Steve Wolfson underscored that his office has opted out of the civil litigation process to double down on addressing criminal traffic tickets and other cases.
Renowned attorney Joseph Maridon, renowned for handling thousands of traffic tickets annually, highlighted the impact of prosecutors stepping back. While the reduced involvement of prosecutors limits plea bargaining avenues, Maridon noted an increased likelihood of successfully contesting tickets in the absence of a prosecutor during civil cases. This shift has led to a notable uptick in favorable outcomes for clients seeking to dismiss contested tickets.
Maridon further emphasized that a majority of his clients qualify for reductions in penalty points on their citations. Moreover, the absence of the ticketing officer in court during contested cases places a greater responsibility on the judge to render decisions based on written reports, adding a layer of complexity to the legal proceedings.
Concerns and Consequences
Expressing discontent with the current system that segregates certain infractions into civil cases, Wolfson stressed the importance of accountability for poor behavior. While acknowledging the necessity to avoid punitive measures for individuals unable to pay fines or missing court appearances, Wolfson underscored that such cases represent a small minority of instances.
During the legislative transition, Nevada’s Administrative Office of the Courts had outlined plans for a unified statewide platform to facilitate online resolution of traffic tickets. However, these initiatives were stalled due to vendor-related challenges, preventing the establishment of a coherent system to track cases across jurisdictions and identify repeat offenders.
Efforts are currently underway to implement a new platform with a different vendor, although the rollout will be contingent on individual court participation. As of now, there is no definitive timeline for the launch of this initiative.
Navigating Traffic Tickets
In light of the recent legislative amendments, drivers in Clark County now face a revised protocol for addressing their traffic tickets. The jurisdiction of the citation determines the court entrusted with overseeing the case, whether it be the municipal courts in Las Vegas, North Las Vegas, or Henderson, or the Las Vegas Justice Court for citations issued beyond city limits and in unincorporated Clark County.
Notably, many tickets can now be processed online, although there may be a delay before citations appear on the various online court systems. A citation clearly indicates whether the case is criminal or civil, with criminal cases potentially resulting in fines of up to $1,000 and/or a jail term not exceeding six months. Conversely, civil cases generally carry a maximum penalty of $500 per violation.
Drivers confronted with civil infractions are typically required to respond within a 90-day timeframe. They can choose to pay the fee without contesting the ticket or opt to challenge it in court. For uncontested citations in the Las Vegas Justice Court, online payment options are available, alongside in-person payments at the court’s customer service division.
To contest a civil citation, drivers must post a bond equivalent to the fine amount, which is refundable if the case is successfully contested. In Las Vegas Justice Court, submission of a contest form, along with payment of the bond, initiates the scheduling of a court hearing.
In instances of criminal infractions, mandatory court appearances may be stipulated, with a failure to appear potentially leading to a bench warrant. Engaging the services of an attorney can facilitate representation at the court hearing, offering drivers the option to either plead guilty or no contest, or to contest the citation. Certain criminal infractions may not entail a compulsory court appearance, particularly those involving insurance, license, registration, or handicap-placard violations.
In the Las Vegas Justice Court, drivers can enter a plea and remit a fine through the court’s website or customer service division. Drivers may be mandated to enter a not guilty plea in person to schedule a future hearing. The intricacies of navigating traffic tickets amid the evolving legal landscape underscore the necessity of informed decision-making and strategic planning.
Should you require further insights or guidance on addressing traffic infractions, feel free to reach out to Katelyn Newberg at knewberg@reviewjournal.com or 702-383-0240.
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The landscape of traffic infractions in Clark County has undergone a transformative shift in recent years, with legislative changes redefining the parameters of ticket resolution for drivers. From the reclassification of minor violations as civil infractions to the challenges posed by disparate court systems, the evolving legal framework underscores the importance of informed decision-making and proactive engagement with legal proceedings. As drivers navigate the complexities of traffic citations, a nuanced understanding of the legal processes and available recourse mechanisms becomes paramount in achieving favorable outcomes and upholding personal accountability.
