Is it Legal to Jaywalk?

Jaywalking is crossing the street outside of a marked crosswalk or otherwise crossing the road in a prohibited way. In Nevada, jaywalking is against the law. Because of the high volume of tourists, pedestrians, and vehicles resulting in heavy traffic, Las Vegas law enforcement tend to more rigorously enforce jaywalking laws on the Strip and Downtown. While Las Vegas police generally issue traffic citations to jaywalkers, offenders may be arrested in the following situations:

  • When an officer runs a suspect’s information and sees an outstanding warrant;
  • The person is habitually jaywalking or has received prior citations;
  • The suspect resists the officer when the citation is being issued;
  • The alleged jaywalker is on probation related to another offense; or
  • A serious car accident occurred as a result of the alleged jaywalking.

Because many intersections across cities in Nevada have cameras mounted on traffic lights, there will likely be video footage of jaywalking.

Nevada Penalties for Jaywalking

Jaywalking is a violation of Nevada Revised Statutes (NRS) 484B.287. The fines and penalties, however, differ by location. Within the city limits of Las Vegas, the fine is about $100.00 while the fine in the City of Reno is about $125.00. Jaywalking is a minor offense and, as a result, when someone is charged with higher offenses this violation can be a good plea bargain for the accused. Keep in mind that a conviction for jaywalking does not result in points on a person’s driver’s license or revocation. 

There are several defenses to a Nevada jaywalking charge. While most jaywalkers typically pay the fee without disputing it, there are many defenses available under the law. These include:

  • The accused did use the crosswalk but the officer mistakenly believed that they did not;
  • The officer misidentified the alleged jaywalker and cited the wrong person; and/or
  • The person did jaywalk but did so in response to an emergency.

The typical evidence that is often used in the above defenses includes surveillance videos, photographs of the crosswalk, eyewitnesses, and other information.

Other Considerations

A jaywalking charge and conviction can typically be sealed after one year once the matter has ended. If the case was dismissed (i.e., no conviction) then the accused can seal the matter right away without the need for a waiting period. While most Nevada jaywalking situations are harmless; in more serious situations, such as a severe accident where people and property are damaged or death occurs as a result of the traffic offense, a jaywalker may be charged with involuntary manslaughter or reckless endangerment.

You cannot be deported for jaywalking because the offense is a misdemeanor and, therefore, not a deportable crime. It is important to know that those who are not in the United States legally and are caught jaywalking are at risk of being arrested, turned over to the U.S. Immigration and Customs Enforcement (ICE), and eventually deported. The result of deportation is not affected by whether or not the jaywalking charge is eventually dismissed. 

Contact Our Attorneys 

If you or someone you know has been hurt in a pedestrian accident, whether or not you were jaywalking, contact the Nevada personal injury attorneys at H&P Law. Our skilled lawyers have years of experience fighting for the injured in Las Vegas and throughout the state. Contact us today.

0 Points