Numerous times a day I see it…People driving and texting or driving and talking on their phone (while holding their phone). If you are not aware, the Nevada Legislature passed a law that prohibits and/or limits a person from using a cell phone while driving.
The law applies to a person operating a motor vehicle on a highway in the State of Nevada. The term highway means any road, street, freeway, etc. that the public has access to. Arguably, this could apply to driving in parking lots. To be clear, the law prohibits the use of texting, searching the internet, reading email, instant messaging, etc. while operating a vehicle. So technically even if you are stopped at a light you would be breaking the law if you were reading your emails or texting. As such, there is no reading or typing while operating a vehicle.
The law does allow for a person to use a cellphone while operating a vehicle if they are using an accessory that allows the use of the phone to be hands-free. Therefore, any Bluetooth device or earpiece will allow you to follow the law and talk. The law specifically states that a person is allowed to use the phone “to activate, deactivate or initiate a feature or function on the device.” You may ask what about holding the cell phone and using the speaker function while driving? This would not meet the definition of hands-free and therefore would be illegal.
Drivers who use their phones as a GPS are advised to program the location prior to taking the wheel and then never to touch the phone during the trip. Picking up the device or programming information into the device while driving is a crime in Nevada. Last, if playing music on a cell phone requires the phone to be in the driver’s hand at any time, then it is technically illegal. Nevada police have been advised to assume that any driver who is holding or touching a cell phone is violating NRS 484B.
The Statute requires the following fine schedule:
a. First offense within 7 years is $50, and is not considered a moving violation.
b. Second offense within 7 years is $100, moving violation
c. Third offense within 7 years is $250, moving violation
Tanika M. Capers, Esq.
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