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NRS 484A.730

When peace officer has option to give traffic citation or take person before magistrate

Applied in 1 court decision — leading case Cortes v. State (2011)

Most recently applied in Cortes v. State (July 2011)

(Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362; 2007, 2807; 2017, 1420; 2021, 3469)—(Substituted in revision for NRS 484.795)

1. Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not required to be taken before a magistrate, the person must be given a traffic citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate.

2. As used in this section:

(a) “Prohibited offense” means:

(1) A violation of NRS 484B.653;

(2) A violation of NRS 484C.110;

(3) A violation of NRS 484C.120;

(4) A violation of NRS 484E.020;

(5) A violation of NRS 484E.030;

(6) A violation of NRS 484E.040; or

(7) A crime of violence, as defined in NRS 200.408.

(b) “Repeat offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.