Beginning in January 2012, drivers in Nevada will no longer be legally permitted to talk on their handheld cell phones or text message while driving. Motorists who use their phone behind the wheel will be required to do so using a Bluetooth or other hands-free device. As the other nine “hands-free” states have found (including neighboring California and Utah), this new breed of legislation is more complex than it initially appears. Given the many unanswered questions about exactly what types of activity constitute violations of a hands-free law, it is clear that those who find themselves faced with questionable charges will need an experienced lawyer to help them avoid being unfairly penalized.
Police officers in Nevada plan to begin pulling over chatting and texting drivers in October to warn them about the new law, which will take full effect in January. But what specific activities will be legal grounds for a fine and a permanent misdemeanor record? Simple handheld talking and texting while driving are clear enough violations, but what about cases in which the vehicle is running but not in motion, such as a standstill traffic jam? What about phone use that does not fall under the categories of talking or texting, such as Internet activity or use of a built-in camera? Las Vegas area defense attorneys anticipate the possibility that police officers and prosecutors could try to extend the enforcement of this law beyond its basic language and thus violate the rights of drivers caught in the initial legal confusion.
The fines connected with the law are relatively mild in comparison with other traffic violations: $50.00 for the first offense, $100.00 for the second, and $250.00 for the third within a seven year period. As with any misdemeanor, however, a hands-free law conviction will carry more than the initial out-of-pocket expense; it will also follow you for the rest of your life as part of your permanent criminal record.
A far better choice is to get a lawyer on your side who is able to quickly talk some legal sense into prosecutors preparing to seek a conviction on grounds that are cloudy at best. Under your country’s law as well as Nevada’s, you are protected from being held responsible for a crime that is not spelled out in the legal code. The right lawyer with the right knowledge can ensure that your protection is upheld and that your good record is maintained.
