Las Vegas DUI Reduced to Reckless Driving

Reckless Driving in Nevada: Understanding the Law and How Josh Tomsheck Can Help Reduce Your DUI Charge

Reckless driving is a serious traffic-related offenses in Nevada, typically associated with being a high point speeding ticket, but more specifically under Nevada law it involves operating a vehicle in a manner that demonstrates a willful or wanton disregard for the safety of others. Many people are surprised to learn that reckless driving is often used as an alternative charge for DUI cases when the facts and circumstances allow for it. With the right legal strategy, a skilled attorney like Josh Tomsheck at the Law Firm of Hofland & Tomsheck can work to reduce DUI charges and their mandatory minimum sentences to an amended charge of reckless driving, significantly minimizing the penalties you face.

On this page, we will cover what constitutes reckless driving in Nevada, the applicable Nevada Revised Statutes (NRS), the penalties for reckless driving, and how a skilled defense attorney like Josh Tomsheck can help negotiate a reduction from DUI to reckless driving.

What is Reckless Driving in Nevada?

In Nevada, reckless driving is defined as operating a motor vehicle in a way that poses a substantial risk to people or property. This offense is broader than DUI and can encompass a range of dangerous driving behaviors, including speeding excessively, weaving through traffic, or ignoring traffic signals.

According to NRS 484B.653, reckless driving is described as the act of driving “in willful or wanton disregard of the safety of persons or property.” This statute is designed to penalize those who engage in dangerous driving behaviors that could lead to accidents, injuries, or worse.

Examples of Reckless Driving

Reckless driving can take many forms, including:

• Excessive speeding: Driving well above the posted speed limit.
• Aggressive driving: Tailgating, cutting off other drivers, or weaving through traffic.
• Street racing: Participating in illegal street races on public roads.
• Driving through red lights or stop signs: Ignoring traffic control devices.
• Passing in no-passing zones: Overtaking vehicles in areas where it is unsafe to do so.

Each of these behaviors shows a disregard for public safety and can lead to severe legal consequences if someone is charged with reckless driving.

Nevada Reckless Driving Statutes

The primary law governing reckless driving in Nevada is NRS 484B.653. However, there are several subsections and related statutes that cover specific reckless driving scenarios. Some of these include:

1. Driving a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.
2. Driving a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.
3. Organizing an unauthorized speed contest on a highway or premises to which the public has access.
4. Driving a vehicle in an unauthorized trick driving display on a highway or premises to which the public has access.
5. Facilitating an unauthorized trick driving display on a highway or premises to which the public has access.

Penalties for Reckless Driving in Nevada

Reckless driving is a serious offense, and Nevada courts do not treat it lightly. Even though it is a misdemeanor for first-time offenders, it carries severe penalties that can impact your life and your driving privileges.

• Fines: A reckless driving conviction can result in fines ranging from $250 to $1,000 for a first offense. Fines increase for subsequent offenses.
• Jail Time: A first-time reckless driving conviction can lead to up to six months in jail. In some cases, the court may allow the offender to perform community service instead of serving time in jail.
• License Suspension: Your driver’s license may be suspended for up to six months for a reckless driving conviction, especially if you have previous traffic offenses.
• Demerit Points: A reckless driving conviction adds eight demerit points to your driving record, which could lead to an automatic license suspension if you accumulate too many points.
• Increased Penalties for Injuries: If reckless driving results in an accident that causes injury or death, the offense is escalated to a felony and can lead to 1 to 6 years in prison and up to $5,000 in fines.

How a DUI Can Be Reduced to Reckless Driving

In Nevada, DUI charges carry far more severe penalties than reckless driving, especially for repeat offenders. If convicted of a DUI, you could face hefty fines, mandatory jail time, long-term license suspension, and the requirement to install an ignition interlock device. For many people, reducing a DUI charge to reckless driving is a highly desirable outcome.

Why Reducing a DUI to Reckless Driving is Beneficial

There are several advantages to having a DUI charge reduced to reckless driving, including:

• Avoiding a DUI Conviction: A reckless driving conviction does not carry the same stigma as a DUI conviction. DUI convictions remain on your record for seven years before they can be sealed, whereas reckless driving convictions can be sealed after just one year.
• No Mandatory Ignition Interlock Device: With a DUI conviction, you are required to install and maintain an ignition interlock device (IID) in your vehicle. Reckless driving does not carry this requirement.
• Less Severe Penalties: While reckless driving is still a serious offense, the penalties are much less harsh than those for a DUI. This includes lower fines, shorter license suspension, and less jail time.

How Josh Tomsheck Can Help You

Josh Tomsheck, a board-certified criminal trial attorney with extensive experience in DUI defense, has helped countless clients reduce their DUI charges to reckless driving. His deep understanding of Nevada DUI laws, combined with his experience as a former Chief Deputy District Attorney, gives him a unique advantage when negotiating with prosecutors and building a strong defense.

Key Defense Strategies

1. Challenging the Traffic Stop: If the arresting officer did not have reasonable suspicion or probable cause to pull you over, Josh Tomsheck can challenge the legality of the traffic stop. Without a valid stop, the DUI charge could be dismissed or reduced.
2. Questioning BAC Results: Breathalyzers and blood tests are not always accurate. Josh Tomsheck may challenge the validity of the BAC test, particularly if there were issues with calibration, handling, or timing.
3. Negotiating with Prosecutors: In many cases, prosecutors are open to reducing DUI charges to reckless driving if the evidence is weak or if there were extenuating circumstances. Josh Tomsheck has built strong relationships with local prosecutors and knows how to leverage these connections to secure the best possible outcome for his clients.
4. Presenting Mitigating Factors: In cases where the facts are not clear-cut, Josh Tomsheck may present mitigating factors to show that a reduction from DUI to reckless driving is appropriate. This can include demonstrating that the accused has no prior offenses, was cooperative with law enforcement, or that other factors contributed to the incident.

Conclusion: Protect Your Future with Skilled Legal Representation

Reckless driving is a serious charge in Nevada, but it is often a much better alternative to a DUI conviction. With the right legal representation, you may be able to have your DUI charge reduced to reckless driving, avoiding the harsh penalties that come with a DUI conviction.

If you’re facing DUI charges in Nevada, contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck. Josh has a proven track record of successfully defending DUI cases and negotiating reduced charges for his clients. To schedule a consultation, call (702) 895-6760 and take the first step in protecting your rights and your future.