Nevada Revised Statutes 483.560 – Driving while license cancelled, revoked or suspended; probation, suspended sentences and plea bargaining prohibited; exception; penalties
1. Except as otherwise provided in subsection 2, any person who drives a motor vehicle on a highway or on premises to which the public has access at a time when the person’s driver’s license has been cancelled, revoked or suspended is guilty of a misdemeanor.
Terms Used In Nevada Revised Statutes 483.560
- controlled substance: means a drug, immediate precursor or other substance which is listed in schedule I, II, III, IV or V for control by the State Board of Pharmacy pursuant to Nevada Revised Statutes 0.031
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Except as otherwise provided in this subsection, if the license of the person was suspended, revoked or restricted because of:
(a) A violation of NRS 484C.110, 484C.120, 484C.210 or 484C.430;
(b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or
(c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b), the person shall be punished by imprisonment in jail for not less than 30 days nor more than 6 months or by serving a term of residential confinement for not less than 60 days nor more than 6 months, and shall be further punished by a fine of not less than $500 nor more than $1,000. A person who is punished pursuant to this subsection may not be granted probation, and a sentence imposed for such a violation may not be suspended. A prosecutor may not dismiss a charge of such a violation in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason, unless the prosecutor believes the charge is not supported by probable cause or cannot be proved at trial. The provisions of this subsection do not apply if the period of revocation has expired but the person has not reinstated the license.
3. A term of imprisonment imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the person convicted. However, the full term of imprisonment must be served within 6 months after the date of conviction, and any segment of time the person is imprisoned must not consist of less than 24 hours.
4. Jail sentences simultaneously imposed pursuant to this section and NRS 484C.320, 484C.330, 484C.400, 484C.410 or 484C.420 must run consecutively.
5. If the Department receives a record of the conviction or punishment of any person pursuant to this section upon a charge of driving a vehicle while the person’s license was:
(a) Suspended, the Department shall extend the period of the suspension for an additional like period.
(b) Revoked, the Department shall extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(c) Restricted, the Department shall revoke the restricted license and extend the period of ineligibility for a license, permit or privilege to drive for an additional 1 year.
(d) Suspended or cancelled for an indefinite period, the Department shall suspend the license for an additional 6 months for the first violation and an additional 1 year for each subsequent violation.
6. Suspensions and revocations imposed pursuant to this section must run consecutively.