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  1. #1
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    Dec 2012
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    Default Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.385

    My question involves a traffic ticket from the state of:

    I have a few questions for the expert legal advisers here. I was stopped and cited today for 38 mph in a 25, I was coming from an intersection with a 4 way stop in a residential zone. Most major streets are 35mph speed limit, this one apparently was 25mph. I returned to the location of the citation to verify the posted limit and noticed that the sign was impaired with stickers making it difficult to read from a distance. There's a white sticker over the speed limit part, and a white sticker at the base of the 2 on the 25 part. see photo-



    Do you think this is enough ground to request a dismissal of NRS 484B.600
    NRS 484B.600 Basic rule; additional penalties for violation committed in work zone or if driver is proximate cause of collision with pedestrian or person riding bicycle.

    1. It is unlawful for any person to drive or operate a vehicle of any kind or character at:

    (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

    (b) Such a rate of speed as to endanger the life, limb or property of any person.

    (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

    (d) In any event, a rate of speed greater than 75 miles per hour.


    The second violation, 482.385 Resident Operating Vehicle without Nevada vehicle registration

    A little back story, I bought a house in Nevada, coming from my primary residence in California. I have obtained a NV DL. I work and spend the majority of my time in California. My vehicle, (a commercial pickup truck) carries current Valid California registration, because of CVC4000.4 and CVC6702). I was cited today in Nevada close to my Nevada residence in this CA registered Commercial pickup truck. The LEO asked me if my NV ID had my correct address, I replied yes.

    Do I have a chance and fighting this considering CA VC requires CA registration on this vehicle?

  2. #2
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    Mar 2009
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    Default Re: Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.

    Quote Quoting 04sshd
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    My question involves a traffic ticket from the state of:

    I have a few questions for the expert legal advisers here. I was stopped and cited today for 38 mph in a 25, I was coming from an intersection with a 4 way stop in a residential zone. Most major streets are 35mph speed limit, this one apparently was 25mph. I returned to the location of the citation to verify the posted limit and noticed that the sign was impaired with stickers making it difficult to read from a distance. There's a white sticker over the speed limit part, and a white sticker at the base of the 2 on the 25 part. see photo-


    Do you think this is enough ground to request a dismissal of NRS 484B.600
    Uhm.... No!

    Quote Quoting 04sshd
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    The second violation, 482.385 Resident Operating Vehicle without Nevada vehicle registration

    A little back story, I bought a house in Nevada, coming from my primary residence in California. I have obtained a NV DL. I work and spend the majority of my time in California. My vehicle, (a commercial pickup truck) carries current Valid California registration, because of CVC4000.4 and CVC6702). I was cited today in Nevada close to my Nevada residence in this CA registered Commercial pickup truck. The LEO asked me if my NV ID had my correct address, I replied yes.

    Do I have a chance and fighting this considering CA VC requires CA registration on this vehicle?
    Subsection (b) of 4000.4 states:

    For purposes of this section, a vehicle is deemed to be primarily or regularly used on the highways of this state if the vehicle is located or operated in this state for a greater amount of time than it is located or operated in any other individual state during the registration period in question.


    If you are a resident of Nevada and you're driving it back to Nevada, then you are not klikely to be operating it in California for a greater amount of time than it is located or operated in any other individual state... Are you?

    But Second:

    6702.
    Every nonresident, including any foreign corporation, having an established place of business within this state, and regularly using a vehicle of a type subject to registration under this code, shall immediately register the vehicle upon entry into this state.


    And an "established place of business" is defined as:

    320.
    "Established place of business" is a place actually occupied either continuously or at regular periods by any of the following:

    (a) A dealer, remanufacturer, remanufacturer branch, manufacturer, manufacturer branch, distributor, distributor branch, automobile driving school, or traffic violator school where the books and records pertinent to the type of business being conducted are kept.

    (b) An automobile dismantler where the books and records pertinent to the type of business being conducted are kept. A place of business of an automobile dismantler which qualified as an "established place of business" before September 17, 1970, is an "established place of business" as defined in this section.

    (c) A registration service where the books and records pertinent to the type of business being conducted are kept.


    If you can meet that definition, and then are able to convince the judge that you do operate it in California for a greater amount of time than in Nevada, then you might prevail.

  3. #3
    Join Date
    Dec 2012
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    Default Re: Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.

    Thank you for your response, my primary business is in California, I'm home for a combined time of less than 2 months of the year.

    Just out of curiosity, how much obstruction of a posted speed limit sign is necessary to dismiss the ticket? I'm a commercial driver, and I'm not eligible for traffic school. I'd really like to find a way to get this charge dismissed should the officer show up to the hearing.

  4. #4
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    Default Re: Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.

    Quote Quoting 04sshd
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    Just out of curiosity, how much obstruction of a posted speed limit sign is necessary to dismiss the ticket?
    Enough to where a reasonably observant driver looks at the sign and is unable to determine what it says.

    The particular sign that is in the picture is clearly a 25mph speed limit sign. And so for you to suggest that you could not see/understand it, you would be admitting your eyesight is bad or your observational skills are way below par; neither of which being anything I would admit or imply in court.

    Quote Quoting 04sshd
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    I'm a commercial driver, and I'm not eligible for traffic school. I'd really like to find a way to get this charge dismissed should the officer show up to the hearing.
    I would think you'd want to get this handled way BEFORE the officer shows up for the hearing... And not that I would know their appearance rate, but once he shows, I'd venture a guess you'd be past the point where you can get out. I'm not sure how the Nevada process will go but, if they typically have a prosecutor present for traffic trials (this is something you can contact the court and inquire about), that would be something you can discuss with her/him to see what alternatives s/he might have and I would do that at the arraignment, I would not wait until trial. Other than that, and without a prosecuting attorney to negotiate with you would be pretty much SOL. You can obviously consider the services of an attorney but I couldn't tell you what they would charge or how much they can accomplish!

  5. #5
    Join Date
    Dec 2012
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    Default Re: Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.

    Copy that, and thank you for your input. I am not familiar with the Nevada Legal process either, as I'm new to the area, and I've never been cited out here. I can only assume the legal process is similar to that of California.

  6. #6
    Join Date
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    Default Re: Violation of Basic Speed Law, Driving Without Registration, NRS 484b.600 and 482.

    Quote Quoting 04sshd
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    Copy that, and thank you for your input. I am not familiar with the Nevada Legal process either, as I'm new to the area, and I've never been cited out here. I can only assume the legal process is similar to that of California.
    If this is an issue for you then like I said, a simple call to the court clerk would tell you whether there is a prosecutor present at your hearing If it is similar to California, then you're not going to find a prosecuting attorney and you're not likely to convince the officer to amend much of anything. In that case, you'd be better off with an attorney (again, I don't know what they can accomplish or for how much).

    On second thought, and although you never stated whether you were self employed or working for someone, simply having a commercial license does not make a traffic infraction into a major crime. And so unless your employer has any restrictions on what your driving record may contain, then you're only dealing with a possible increase in your own insurance premium and you'll have to weigh those long term consequences with the immediate cost of representation by an attorney.

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