NRS 484B.350 – Failing to Stop for School Crossing Guard

NRS 484B.350 is the Nevada traffic law requiring vehicles to stop at the direction of school crossing guards or traffic control signals. Failure to stop is a misdemeanor, carrying up to six months in jail and/or up to $1,000 in fines. And if the driver hits a pedestrian or cyclist, the sentence will include doing community service as well.

NRS 484B.350 states:

1. The driver of a vehicle:
(a) Shall stop in obedience to the direction or traffic-control signal of a school crossing guard; and
(b) Shall not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

2. A person who violates subsection 1 is guilty of a misdemeanor.

3. If, while violating subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

4. As used in this section, “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.

In many traffic cases, prosecutors are amenable to reducing charges or possibly dismissing them. The most important thing is that people charged with traffic offenses not ignore them; otherwise, the judge may retaliate by eventually issuing a bench warrant.

In this article our Las Vegas traffic ticket attorneys answer frequently-asked-questions about the laws for obeying school crossing guards in Clark County and throughout Nevada, including how to fight charges, potential punishments, demerit point penalties, and record seals. Click on a topic below to jump to that section:

• 1. What are the laws for “failing to stop for school crossing guard” in Nevada?
• 2. How do I fight charges of “failing to stop for school crossing guard”?
• 3. What are the penalties for “failing to stop for school crossing guard” in Las Vegas, NV?
• 4. Can I get my charge reduced to a non-moving violation?
• 5. How many points will go on my driver’s license?
• 6. Will my auto insurance rates go up?
• 7. Do I have to do traffic school?
• 8. What will happen if I ignore my case?
• 9. What will happen to my commercial driver’s license?
• 10. What will happen to my out-of-state driver’s license?
• 11. When can I seal my case?
• 12. Will I get deported?
• 13. Should I fight my charge or just plead guilty?
• 14. Can I go to trial?
• 15. Do I need an attorney?

If you were a pedestrian or cyclist harmed by a driver, you may be entitled to money damages. Contact our Las Vegas personal injury attorneys to learn how we can help.

1. What are the laws for “failing to stop for school crossing guard” in Nevada?

All drivers in Nevada must stop when a school traffic guard directs them to. Specifically, drivers must:

• stop in obedience to the direction or traffic-control signal of a school crossing guard; and
• not proceed until the highway is clear of all persons, including, without limitation, the school crossing guard.

Note that “school crossing guard” means a volunteer or paid employee of a local authority, local law enforcement agency or school district whose duties include assisting pupils to cross a highway.¹

Also see our article on speeding in a school zone (NRS 484B.363).

2. How do I fight charges for “failing to stop for school crossing guard”?

The two most common defenses to Nevada charges of violating NRS 484B.350 are:

1. The driver did stop, and the crossing guard simply was mistaken; or
2. The crossing guard did not adequately signal to the driver to stop

Some evidence that may come into these types of cases include:

• surveillance video;
• photographs; and/or
• eyewitness testimony

As long as the prosecutor cannot prove guilt beyond a reasonable doubt, the defendant should not be convicted.²

3. What are the penalties for “failing to stop for school crossing guard” in Las Vegas, Nevada?

Failing to stop at the direction of a school crossing guard is a misdemeanor in Nevada. The sentence is up to six (6) months in jail and/or up to $1,000 in fines. The fine in Las Vegas is around $395.³

If the driver hit a pedestrian or a cyclist, the maximum jail sentence for failing to stop at a school crossing guard is still six months. But there is also a mandatory minimum fine and community service requirement:

• A first-time conviction carries $250 to $1,000 in fines and 50 to 99 hours of community service.
• A second-time conviction carries $1,000 to $1,500 in fines and 100 to 199 hours of community service.
• A third-time or subsequent conviction carries $1,500 to $2,000 in fines and 200 hours of community service.⁴

4. Can I get my charge reduced to a non-moving violation?

Possibly, especially in cases where the incident did not result in injury. In the end, it depends on the facts of the case, the available evidence, and the prosecutor assigned to the case.

5. How many points will go on my driver’s license?

People charged with violating NRS 484B.350 will have four (4) points added to their Nevada driver’s license.

If a driver’s license ever accrues twelve (12) or more points, the driver will have his/her license suspended for six (6) months. But the driver can try to fight the Nevada DMV‘s suspension at a DMV hearing, which is like a mini-trial. ⁵ Note that driving on a suspended license is a crime carrying up to six (6) months in jail and/or up to $1,000 in fines.⁶

6. Will my auto insurance rates increase?

In most cases, yes. Therefore, people charged with this traffic offense are encouraged to hire an attorney to try to get the charge reduced to a non-moving violation that does not cause insurance rates to increase.

7. Do I have to do traffic school if I get charged with “failing to stop for school crossing guard”?

It depends on which court and which judge is assigned to the case. Although traffic school is a pain, many judges will reduce the charge to a non-moving violation or a full dismissal if the driver agrees to complete an online traffic school class.⁷

8. What will happen if I ignore my case?

Las Vegas judges take missed court appearances and late fines very seriously by issuing bench warrants for the defendants’ arrest after a 30-day grace period. And defendants late on their fine payments should not get a bench warrant unless they are given the opportunity to do community service in lieu of their fine payment — and then fail to do it.

If a defendant gets a bench warrant, he/she may be arrested at any time and held pending further court proceedings. In order to get a warrant recalled (“quashed”), the defendant’s attorney would need to file a “motion to quash” and appear at a court hearing to try to convince the judge to release the defendant.⁸

9. What will happen to my commercial driver’s license?

If the driver is charged with “failing to stop for a school crossing guard,” both his/her non-commercial driver’s license and CDL will have four (4) points added to them.

Also, CDL-holders are legally mandated to notify their employer about the incident within 30 days.⁹

10. What will happen to my out-of-state license?

Schedule a consultation with an attorney in the home state to discuss. Every state’s DMV is different, though they do try to impose similar penalties.

11. When can I seal a conviction for “failing to stop for a school crossing guard”?

NRS 484B.350 conviction can usually be sealed once one (1) year has passed since the case closed.¹¹

There is no waiting period to pursue a record seal if the charge gets dismissed (no conviction).¹²

12. Will I get deported?

Failing to stop at a school crossing guard’s direction is not a deportable crime. However, U.S. immigration laws are in a constant state of flux. Immigrants are encouraged to speak with an experienced attorney whenever they are facing criminal charges to discuss how it may affect their resident status.

13. Should I fight my charge?

Yes, it always pays to try to fight traffic charges. If the prosecutor agrees to a charge reduction or dismissal, it could save the defendant time, money, and possibly save his/her license.

14. Can I go to trial?

Defendants facing only a misdemeanor charge may have a bench trial (where the verdict is determined by a judge).

That being said, the vast majority of cases for “failing to stop for school crossing guard” settle and do not proceed to trial.¹³

15. Do I need an attorney?

Defendants facing criminal charges should always retain private counsel when possible. Once a defendant is represented, he/she usually does not have to appear in court. And attorneys are very skilled in getting the best possible plea deals.

Charged with not stopping at a school crossing guard? Call a Nevada criminal defense attorney…

Were you arrested in Nevada for a traffic offense? Call our Las Vegas criminal defense attorneys 24/7. We will pursue a charge reduction or dismissal while fighting to save your license and keep you out of jail.

Were you a pedestrian or bicyclist injured by a driver? Our Las Vegas car accident attorneys are here for you. We may be able to win you substantial money damages to cover all your bills, losses, and pain and suffering. And our fee is zero unless you win.

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