NRS 484B.307 – Turning Right on Red Light – Nevada Law & Penalties

1. When drivers may turn right on red in Las Vegas, Nevada

Drivers may turn right at a red light in Nevada as long as the following six conditions are true:

1. The driver is in the extreme right lane;
2. The driver displays the right-turn signal;
3. The driver comes to a complete stop prior to turning;
4. There are no traffic signs prohibiting right turns on red lights;
5. The driver has the right-of-way; and
6. It is safe to make a right turn (there is no pedestrian or motor traffic)

If a traffic lantern also has a right-turn arrow lens, then drivers may make a right on red only if the green arrow is illuminated.¹

2. Fighting the charges

Every case is different, but some common defenses to charges of making an improper right turn include:

1. The right turn was legal
2. The driver behaved reasonably in an emergency
3. The driver was falsely accused

Note that most prosecutors offer a favorable plea deal without making the defendant engage in extensive litigation first.

2.1. The driver broke no law

Perhaps the police officer mistakenly believed a driver did not come to a complete stop before making a right on red. Or perhaps the police mistakenly believed that there was a “no right on red” sign.

The defense attorney’s job would be to try to obtain surveillance video of the incident and find eyewitnesses to show that the defendant broke no law by turning right on red.

2.2. The driver behaved reasonably in an emergency

Drivers have the responsibility to behave reasonably under the circumstances. And in some situations, making an illegal turn may be the best way to avoid an accident.

In Nevada personal injury cases, defendants should not be found liable of otherwise negligent behavior as long as they reacted reasonably in an emergency.² This “sudden emergency doctrine” might be enough to persuade a prosecutor to drop traffic charges.

2.3. The driver was falsely accused

Tempers get very heated on the road, especially after an accident. And sometimes motorists accuse each other of traffic violations they did not commit. But since most traffic lights are affixed with surveillance cameras, it is often possible to disprove wrongful accusers with video evidence.

3. Penalties

In the City of Las Vegas, the civil penalty for making an illegal right turn on a red light is $305. The civil penalty doubles if it occurred in a pedestrian safety zone.³ The civil penalty is usually less in other Nevada cities and counties.

As discussed below in section 5, this offense also carries four (4) demerit point penalties.⁴

4. Getting the charge reduced to a non-moving violation

Defendants who do not have a long history of traffic violations may be able to get their NRS 484B.307 charge lowered to a non-moving violation. Charge reductions like this are always recommended because non-moving violations carry no demerit point penalties and usually do not cause car insurance rates to go up.

If the state’s evidence is too weak to support a case, the defendant’s attorney may even be able to persuade the prosecutor to dismiss the charge completely.

5. Driver’s license demerit points

The Nevada DMV adds four (4) demerit points to a defendant’s driver’s license for making an unlawful right-hand turn at a red light.⁵ These points remain on the person’s license for one (1) year before disappearing.

Drivers need to be careful not to rack up twelve (12) or more demerit points; otherwise, the DMV will suspend their license for six (6) months. And the only way to contest the suspension is by having a DMV administrative hearing, which may be difficult to win.⁶

6. Auto insurance rates increases

People who made an illegal right turn on a red light in Nevada can expect to see a car insurance rate increase because it is a moving violation. That is why traffic defendants should try to fight to get the charge reduced to a non-moving violation, which in most cases does not result in insurance premium hikes.

7. Traffic school

Traffic school is an online class that judges may order defendants to complete as a condition of their sentence. It is usually not required, but it can be useful if the prosecutor is unwilling to offer a plea bargain:

Upon successful completion of traffic school, the judge may knock the charge down to a non-moving violation. And non-moving violations carry no demerit point penalties and usually cause no car insurance increases.⁷

8. Bench warrants for ignoring traffic tickets

The judge will not issue a bench warrant if you are late in paying your traffic ticket. Instead you will be assessed a late penalty, and the DMV may suspend your license.⁸

9. Commercial driver’s licenses

The Nevada DMV appends four (4) demerit points to people’s commercial driver’s licenses (CDLs) for making an illegal red turn at a red light. In short, the DMV punishes non-commercial and commercial licenses identically.⁹

10. Out-of-state licenses

Every state’s DMV is different. Therefore, people with non-Nevada licenses should contact an attorney in their home state to learn if and how a Nevada traffic citation will affect their license. In many cases, the home state DMV will penalize the defendant in the same way it would if the incident had happened in the home state.

11. Sealing cases

Unlawfully turning right on a red light is a civil infraction, which does not show up on criminal records. (If you do not pay the ticket, then a civil judgment may show up on your record.)

If you had a misdemeanor conviction before January 1, 2023, then you can pursue a record seal one year after the case ends. Dismissed charges are sealable right away.¹⁰

Your DMV driving record does list all your traffic infractions. These are not sealable.¹¹

12. Immigration consequences

Making an unlawful turn is not a deportable offense. Still, immigration laws are in a constant state of flux. Therefore, any non-citizen facing traffic charges are encouraged to consult with an attorney.

Remember that undocumented immigrants who get pulled over for a traffic violation are subject to removal no matter what. Illegal aliens are advised to consult with a Nevada immigration attorney to educate themselves about their options for obtaining legal residency in the U.S.

13. Fighting traffic citations versus paying the civil penalty

Many people slapped with a traffic ticket want to “throw money at the problem” by just paying the civil penalty online and forgetting about the whole thing. However, the consequences do not end there: Often, the defendant may get demerit points on their license and higher insurance rates.

But if the defendant hires an attorney to fight the ticket, there is a good chance the prosecutor will reduce it to a non-moving violation or possibly a dismissal with no DMV or insurance consequences. Therefore, it is always recommended that traffic defendants lawyer up and fight the charge.

14. Going to trial

People charged with wrongfully making a right turn on a red light can always fight the case at a hearing.¹²

15. Why hire an attorney

Many traffic defendants proceed “pro se” (without an attorney), but they are putting themselves at a disadvantage because:

1. Criminal defense attorneys are pros at getting moving violations reduced or dismissed;
2. Criminal defense attorneys can usually handle the entire case without the defendant having to appear in court, which will relieve the defendant from having to travel or miss work for court; and
3. Prosecutors often treat pro se defendants with less respect and may not extend them the best plea deals.

16. Personal injury lawsuits

People who cause car accidents for violating traffic laws — such as by making an illegal right on a red light — can be sued by the victim(s) under the legal doctrine of negligence per se. The at-fault driver (“defendant”) can be found liable to the victim (“plaintiff”) in a negligence per se case if:

1. the defendant broke a traffic law (such as NRS 484B.307);
2. this broken law resulted in an injury (such as a car accident); and
3. the victim is part of the class of people that the traffic law is meant to protect (such as other motorists on the road).¹³

It may not matter if the plaintiff was partially to blame for causing the accident. Under Nevada’s comparative negligence laws, plaintiffs can still prevail in negligence lawsuits as long as the defendant was at least 50% at fault.¹⁴

Our Las Vegas car accident attorneys negotiate and litigate for the highest financial rewards available to pay for the victims’:

• hospital bills and long-term care,
• lost earnings,
• loss of future earnings, and
• pain and suffering

In most cases, it is possible to achieve a favorable resolution without a hearing. Learn more about our Las Vegas personal injury attorneys.

17. Related traffic violations

17.1. Illegal u-turns (NRS 484B.403)

Making an illegal u-turn carries a $230 civil penalty in Las Vegas as well as three (3) driver’s license demerit points. In the majority of cases, Nevada judges may reduce the charge to a non-moving violation carrying no demerit points.

17.2. Failing to yield when turning left (NRS 484B.253)

Failing to yield before making a left against traffic carries a $305 civil penalty in Las Vegas and four (4) driver’s license demerit points. Commercial drivers will also have four (4) demerit points added to their CDL.

17.3. Failing to signal (NRS 484B.413)

Failure to signal carries a civil penalty and just one (1) demerit point. In residential or business areas, drivers are required to signal no less than 100 feet prior to turning or changing lanes. On highways, drivers are required to signal 300 feet prior to turning or changing lanes.

Were you cited for making an illegal right turn at a red light in Clark County or elsewhere in Nevada? Then our Las Vegas criminal defense attorneys are here to help. Phone us for a phone consult, and we will talk about how we will fight to get your ticket dropped or lessened to a non-moving violation.

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