Driving on a Suspended License – NRS 483.560

Overview

Driving on a suspended license is a significant offense under Nevada Revised Statute (NRS) 483.560. This statute prohibits individuals from operating a motor vehicle when their driving privileges have been suspended or revoked, emphasizing the importance of adhering to the state’s traffic laws. Understanding the implications of this law is crucial for drivers, law enforcement, and those facing related legal issues.

Definition of Driving on a Suspended License

Under NRS 483.560, “driving on a suspended license” is defined as:

1. Operation of a Vehicle: The act of driving a motor vehicle on public roads while the driver’s license is suspended or revoked.
2. Knowledge of Suspension: The individual must be aware that their license has been suspended or revoked. However, even if the driver claims ignorance, they can still face charges if the suspension is valid and properly documented.
3. Causes for Suspension: Licenses may be suspended for various reasons, including unpaid traffic fines, DUI convictions, reckless driving, or accumulation of too many points on the driving record.

Legal Requirements for Prosecution

To secure a conviction for driving on a suspended license under NRS 483.560, the prosecution must prove several elements beyond a reasonable doubt:

1. Existence of a Suspension: There must be clear evidence that the individual’s driving privileges were suspended or revoked at the time of the offense.
2. Operation of a Vehicle: The prosecution must demonstrate that the accused was operating a motor vehicle on a public road or highway.
3. Knowledge of Suspension: While the prosecution must show that the individual was aware of their suspended status, in many cases, simply driving on a suspended license is sufficient for conviction.

Related Offenses

Driving on a suspended license is associated with several other offenses, including:

• Driving Without a Valid License – NRS 483.550: Involves operating a vehicle without any valid driver’s license, which can occur if a person has never obtained a license.
• Reckless Driving – NRS 484B.653: Involves engaging in dangerous driving behavior while operating a vehicle, which may lead to additional charges if driving on a suspended license.
• Driving Under the Influence (DUI) – NRS 484C.110: If the individual is found driving under the influence while also having a suspended license, more severe penalties may apply.

Examples of Driving on a Suspended License

To illustrate how NRS 483.560 is applied, consider the following examples:

• Example 1: A driver whose license was suspended for accumulating too many points is stopped for speeding. During the stop, the officer checks the driver’s license status and finds it suspended, resulting in charges for driving on a suspended license.
• Example 2: A person whose license was revoked due to a DUI conviction attempts to drive to work. If they are pulled over, they can face charges under NRS 483.560, regardless of their reasons for driving.

Penalties for Driving on a Suspended License

The penalties for driving on a suspended license under NRS 483.560 can vary based on the specifics of the offense:

• Misdemeanor Charges: Driving on a suspended license is generally charged as a misdemeanor for a first offense, which may result in:
  • Fines: Up to $1,000.
  • Imprisonment: Up to 6 months in jail.
• Repeat Offenses: For subsequent offenses, penalties can increase significantly, potentially leading to felony charges and harsher penalties, including longer jail sentences and higher fines.

Defenses Against Driving on a Suspended License Charges

If you are facing charges related to driving on a suspended license under NRS 483.560, several defenses may apply:

1. Lack of Knowledge: Demonstrating that the driver was not aware of the suspension at the time of the traffic stop can be a valid defense. However, this can be challenging, as it often relies on documentation from the DMV.
2. Improper Notification: If the suspension was issued without proper notification to the driver, this may serve as a defense against the charges.
3. Mistaken Identity: If the driver can prove that they were not the person whose license was suspended, this may lead to a dismissal of charges.
4. Emergency Situations: If the individual was driving in an emergency situation that required immediate action, this could serve as a mitigating factor in their defense.

The Importance of Legal Representation

Navigating the complexities of driving on a suspended license charges requires knowledgeable legal representation. Josh Tomsheck is a board-certified criminal trial attorney and registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in handling traffic-related offenses equips him to provide a robust defense against charges under NRS 483.560.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain State’s Super Lawyer, Josh has a proven record of achieving favorable outcomes, including numerous complete dismissals and acquittals at trial. His commitment to protecting the rights of clients and understanding the intricacies of Nevada’s legal landscape make him a strong advocate in cases involving suspended licenses.

Understanding Your Rights

If you are accused of driving on a suspended license, understanding your rights is crucial. Having experienced legal representation can help ensure that you navigate the legal process effectively and protect your interests.

For more information about defending against charges of driving on a suspended license under NRS 483.560 in Las Vegas, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options.