Seat belts are essential for vehicular safety and often are life-saving when involved in a car accident. That’s why all states in the USA – with the exception of New Hampshire – have enacted laws to enforce seat belt use for front seat occupants.
Do I Have to Wear a Seat Belt in Las Vegas, NV?
The short answer is yes.
Failing to wear a seat belt in Nevada at the very least will land you a misdemeanor charge and a small monetary fine.
However, police in Nevada cannot stop you just for not wearing a seat-belt as it is not a primary offence. You must be already stopped or pulled over on the side of the road for a primary offence.
What Are the Penalties for Not Wearing Seat Belts in Nevada?
The state of Nevada has set the regular penalty for being caught not wearing a seat belt is $25.
Although there are no points assessed on your license, failure to wear a seat belt is considered a misdemeanor offense and it goes on your criminal record. Not to mention the higher risks of injury in the case of an accident.
Child Passengers Seat Belt Laws:
Children are also included in the law and they need to be wearing a seat belt if:
- The child is at least 6 years old.
- The child weighs more than 60 pounds.
If a driver allows someone to ride in the back of a pickup truck they could get a $35 to $100 fine.
What Exemptions Are There to Seat Belt Laws in Nevada?
There’s a number of exemptions to the seat belt laws in Nevada to protect people in different situations including:
- Medical reasons (would need to provide a doctor’s note as to why the person should be excused from wearing a seat belt).
- Drivers delivering mail for the postal service.
- Delivery drivers making frequent stops and not going over 15 MPH.
- People using public transportation.
Are Seat Belt Charges a Secondary Offense in Las Vegas, Nevada?
According to Las Vegas injury attorney William Brim, seat belt charges are considered a secondary offense. What that means is that police officers must have another (primary) offense to stop you for before they investigate if you are or are not wearing a seat belt.
If you have been pulled over just for the sole reason of not wearing a seatbelt then you can very easily get your case dismissed by providing the court with sufficient proof. You should always consult your attorney in a situation like this.
Can I Get a Seat Belt Charge Dismissed in Nevada?
It is definitely possible to have your seat belt charge dismissed in Nevada. However, that would depend on three things:
- Available evidence
- The defendant’s criminal history
- The prosecutor assigned to the case
Should I Fight a Seat Belt Ticket in Nevada?
Because of the way the law works in the state of Nevada, and because seat belt tickets are always going to be a secondary offense, that almost always means there are other charges received along with the seat belt ticket.
So, the best way to go about this is to consult an experienced injury lawyer to discuss your legal options and the best steps to move forward. Quite often, there are ways for an experienced attorney to reduce your charges or win a dismissal depending on the facts of your particular case. But it’s absolutely better than going at this on your own with no winning legal strategy.