Texting while driving is illegal in Nevada. Whether you’re checking a message or looking something up on your phone, the law doesn’t allow it. If you’re caught, the penalties increase with each offense. This guide breaks down what the law says, how much a ticket might cost, what exceptions exist, and what happens if you’re involved in a crash because of distracted driving.
What Does NRS 484B.165 Say?
Nevada Revised Statute (NRS) 484B.165 makes it illegal for a driver to manually type, send, or read text messages or data on a handheld wireless device while operating a vehicle. This includes texting, emailing, using the internet, or using any app that requires touch input. Drivers also cannot hold the phone to their ear during a voice call unless they’re using a hands-free setup, such as a Bluetooth earpiece or mounted speaker.
You can use your phone if it’s mounted and you’re using voice controls for things like navigation or calls, but you’re not allowed to touch or type while driving. Even quick glances at a phone screen can lead to a traffic stop and a ticket.
Can You Use GPS or Voice Controls?
Yes, but only if the device is mounted and used in a hands-free way. You can’t hold your phone in your hand to check directions. If you need to adjust the GPS, it must be done through voice commands or while parked.
Phones mounted to the dashboard or windshield are okay if they don’t block your view. You can also use in-car systems or hands-free headsets to make calls.
What Are the Penalties for Texting While Driving?
If you’re caught using a handheld phone while driving, the penalties depend on how many times you’ve been ticketed before.
- First offense (within 7 years): $50 fine (not considered a moving violation)
- Second offense: $100 fine and 4 demerit points on your license
- Third and future offenses: $250 fine and 4 demerit points per violation
If you’re caught in a work zone or school zone, the fine may be doubled.
DMV Points and License Suspension
Nevada uses a point system to track driving violations. Here’s how texting while driving affects your license:
- First offense: No demerit points added
- Second and future offenses (within 7 years): 4 points added to your driving record
If you collect 12 or more points within a 12-month period, the DMV may suspend your license for 6 months. That’s why even one violation can lead to long-term consequences if it happens more than once.
Can This Affect Your Insurance?
Yes. Once a texting-while-driving ticket turns into a moving violation, insurance companies may increase your premium. Even if it’s your first offense, your insurance provider could still see it on your record depending on how they access driving histories.
What If You Drive for a Living?
For commercial driver’s license (CDL) holders, a texting and driving violation can carry even heavier penalties. It’s considered a serious offense under federal rules.
- Two violations in 3 years can lead to a 60-day suspension of your CDL
- A third violation can mean a 120-day suspension
If your job depends on driving, getting a ticket for using your phone behind the wheel can put your income at risk.
Can Out-of-State Drivers Be Ticketed?
Yes. Nevada law applies to all drivers within the state, even if they have a license from another state. Out-of-state drivers will still face the same fines, and the Nevada DMV may report the violation to their home state. That can lead to additional penalties depending on the rules where they’re licensed.
Are There Any Exceptions?
There are a few exceptions under NRS 484B.165. These include:
- Emergency responders (like firefighters, police officers, EMTs) while on duty
- Utility workers responding to emergencies
- People using devices to report a hazard, crime, or emergency
- Licensed amateur radio operators during emergency situations or training drills
- Use of voice-activated GPS systems or two-way radios mounted in the car
If you’re not in one of these categories, you must follow the hands-free law while driving.
Can You Face Criminal Charges?
Yes, but only under certain circumstances. If you cause a crash while texting and someone is injured or killed, you could face charges beyond a simple ticket. In serious cases, texting while driving may lead to charges like reckless driving or even vehicular manslaughter.
These types of cases usually involve proof that you were distracted and that the distraction caused the crash. In personal injury lawsuits, your phone use could be used to show negligence.
How Can Law Enforcement Prove You Were Texting?
There are several ways police or attorneys can prove someone was texting while driving:
- Phone records from the wireless carrier
- Data saved from phone software or apps
- Witness statements
- Traffic or dashcam footage
This kind of evidence can be used in court to support a traffic ticket or civil lawsuit.
Can You Fight a Texting Ticket?
Yes. You can fight the charge in court. Possible defenses include:
- You weren’t using the phone in a handheld way
- You were using a hands-free system
- You were reporting an emergency
- The police officer misidentified what you were doing
You can also try to have the charge reduced to a non-moving violation, which won’t add points to your license or impact your insurance. An attorney may be able to help with this.
Will the Ticket Stay on Your Record?
A texting-while-driving ticket is a civil infraction, not a criminal charge. That means it won’t appear on a criminal background check. However, it will stay on your DMV driving record, which can be seen by insurance companies and the court in future cases. DMV records are not sealable or removable.
What Happens If You Ignore the Ticket?
Ignoring a texting-while-driving ticket can make the problem worse. If you don’t respond to the citation, you may:
- Owe up to $100 in delinquency fees
- Have your license suspended
- Get a bench warrant issued in your name
It’s always better to respond to the citation on time, even if you plan to contest it.
Why This Law Matters for Drivers and Victims
Using a phone while driving puts everyone at risk. Accidents caused by distracted drivers often lead to serious injuries. If someone causes a crash because they were texting or using a phone, they can be held responsible in a civil lawsuit.
Victims may be able to seek compensation for medical bills, lost wages, and pain and suffering. Proving that the other driver was on their phone can help support a legal claim.
Call for Legal Help Today
If you were injured in a crash caused by a distracted driver, you may be entitled to compensation. Don’t try to deal with it alone. Our Las Vegas car crash attorney can help you understand your options and fight for what you deserve. Call (702) 970-4222 to talk about your case.
