A Maryland woman was driving down a quiet street, when her car veered off the road, hit a tree, and ricocheted into a lake. She got out of her car, which was submerged in five feet of water. Fortunately she was not injured. She later admitted to the police that she’d been distracted by texting on her cell phone while driving.
Nevada law forbids drivers from texting, reading texts or other material, or speaking on a cell phone while driving. The law does allow speaking on a cell phone if it is done hands-free.
Penalties for distracted driving
Violation of this law is a misdemeanor, but does not include the possibility of jail time. The severity of the punishment is determined by the number of times you have been cited for this offense:
- First offense: $50 fine
- Second offense within seven years: $100 fine
- Third (or subsequent ) offense: $250 fine and a six-month driver license suspension
Defenses to a distracted-driving charge
If you are charged with distracted driving, your lawyer may attempt to utilize one of the following defenses:
- Emergency: Situations involving medical emergencies, safety hazards, or responses to criminal activity allow for hands-on cell phone use
- Lack of evidence: Authorities must be able to prove that you were texting or otherwise holding the phone
If you receive a ticket for a cell phone violation, in order to prevent a driver license suspension and to keep a clean driving record, contact a skilled Reno criminal defense attorney.
