Las Vegas Drunk Driving Accidents Victims Attorneys

NEVADA REVISED STATUTES
TITLE 43--PUBLIC SAFETY; VEHICLES; WATERCRAFT
CHAPTER 483 DRIVERS' LICENSES; DRIVING SCHOOLS AND DRIVING INSTRUCTORS
MOTOR VEHICLE DRIVERS' LICENSES (UNIFORM ACT)
CANCELLATION, SUSPENSION AND REVOCATION

COPR. © 2005 The text of the Nevada Revised Statutes appearing in this

database was produced from data provided by The Nevada Legislative Council

Bureau and is subject to a claim of copyright by the State of Nevada.

Current through the 2005 Regular Session and 22nd Special Session
of the 73rd Legislature

NRS 483.450 Court may forward license to Department upon conviction; duty of court to forward record of conviction.

1. Whenever any person is convicted of any offense for which the provisions of NRS 483.010 to 483.630, inclusive, make mandatory the revocation of his driver's license by the Department, the court in which the person is convicted may require the surrender to it of all driver's licenses then held by the person convicted, and the court may, within 20 days after the conviction, forward these licenses, together with a record of the conviction, to the Department.

2. A record of conviction must be made in a manner approved by the Department. The court shall provide sufficient information to allow the Department to include accurately the information regarding the conviction in the driver's record. The record of conviction from the court must include at least the name and address of the person convicted, the number of his driver's license, his social security number, the registration number of the vehicle involved, the date the citation was issued or the arrest was made, the number of the citation and the date and final disposition of the citation.

3. Every court, including a juvenile court, having jurisdiction over violations of the provisions of NRS 483.010 to 483.630, inclusive, or any other law of this State or municipal ordinance regulating the operation of motor vehicles on highways, shall forward to the Department:

(a) If the court is other than a juvenile court, a record of the conviction of any person in that court for a violation of any such laws other than regulations governing standing or parking; or

(b) If the court is a juvenile court, a record of any finding that a child has violated a traffic law or ordinance other than one governing standing or parking,

within 20 days after the conviction or finding, and may recommend the suspension of the driver's license of the person convicted or child found in violation of a traffic law or ordinance.

4. For the purposes of NRS 483.010 to 483.630, inclusive:

(a) "Conviction" means a final conviction, and includes a finding by a juvenile court pursuant to NRS 62E.700.

(b) A forfeiture of bail or collateral deposited to secure a defendant's appearance in court, if the forfeiture has not been vacated, is equivalent to a conviction.

5. The necessary expenses of mailing licenses and records of conviction to the Department as required by subsections 1 and 3 must be paid by the court charged with the duty of forwarding those licenses and records of conviction.

[32:190:1941; A 1943, 268; 1953, 191]--(NRS A 1961, 79; 1969, 547; 1973, 1533; 1981, 534; 1989, 554; 2003, 1153)

<General Materials (GM) - References, Annotations, or Tables>

NOTES, REFERENCES, AND ANNOTATIONS

NEVADA CASES.

"Conviction" does not include adjudication by juvenile court of driving under influence. Respondent, while a minor, was adjudicated by juvenile court to have operated a motor vehicle while under the influence of intoxicating liquor. Respondent was subsequently convicted, as an adult, for a separate incident of driving under the influence of intoxicating liquor. The department of motor vehicles and public safety (now the department of motor vehicles), based upon previous adjudication by juvenile court, determined the conviction to be respondent's second violation within 7 years and, therefore, revoked his driver's license for 1 year pursuant to NRS 483.460. The action of the department was improper because: (1) juvenile adjudication is not a conviction for purposes of criminal law (see former NRS 62.216; cf. NRS 62E.010); and (2) although "conviction" for purposes of the Uniform Motor Vehicle Drivers' License Act (see NRS 483.010, et seq.) includes a "finding" by juvenile court pursuant to former NRS 62.221 (cf. NRS 62E.700) (see NRS 483.450), such "finding" relates only to a minor traffic offense, and driving while under the influence of intoxicating liquor is excluded from the definition of "minor traffic offense" pursuant to former NRS 62.020 (cf. NRS 62A.220). State, Dep't of Motor Vehicles & Public Safety v. Hafen, 108 Nev. 1011, 842 P.2d 725 (1992), cited, AGO 99-07 (2-24-1999)

Strict compliance with provisions of section is not prerequisite to validity of record of conviction. Provisions of NRS 483.450 specifying information that must be included in a record of conviction neither describe a public offense nor provide a penalty and, therefore, strict compliance with such provisions is not a prerequisite to the validity of the record of conviction. State, Dep't of Motor Vehicles & Public Safety v. Binder, 109 Nev. 945, 860 P.2d 163 (1993)

Imperfect performance of recordkeeping duties by minor functionaries of district court does not divest former department of motor vehicles and public safety of jurisdiction to revoke driving privileges. Where the department of motor vehicles and public safety (now the department of motor vehicles) revoked respondent's driving privileges pursuant to NRS 483.460 after the department received respondent's three records of conviction for driving while under the influence, the district court erroneously reversed the department's decision to revoke respondent's driving privileges where the district court based its decision solely upon the fact that records of conviction did not comply with the provisions of NRS 483.450 in that one record of conviction did not contain respondent's vehicle registration number and the other record of conviction did not contain respondent's driver's license number. The supreme court held that the legislature could not have intended that the mere imperfect performance of recordkeeping duties by minor functionaries should divest the department of jurisdiction to revoke driving privileges. The purpose of NRS 483.450 is not to create substantive rights for drunk drivers but to promote a timely and uniform system of recordkeeping regarding convictions for drunk driving. Thus, the decision of district court was reversed and the matter was remanded with instructions to reinstate the department's decision to revoke respondent's driving privileges. State, Dep't of Motor Vehicles & Public Safety v. Binder, 109 Nev. 945, 860 P.2d 163 (1993)

ATTORNEY GENERAL'S OPINIONS.

Sufficiency of record. The record of conviction of a licensee necessary, under sec. 33, ch. 190, Stats. 1941 (cf. NRS 483.460), to make it mandatory for the motor vehicle department (now the department of motor vehicles) forthwith to revoke the license of a licensee can be nothing less than a written order, judgment and decree of the court, either signed by the judge himself, or copies from minutes of the court where the court is not the court of record. AGO 341M (7-16-1942)

Forfeiture of bail is conviction. Either an order of revocation or order of suspension can properly show, under sec. 32, ch. 190, Stats. 1941 (cf. NRS 483.450), that the person named was convicted, even though such conviction consisted of forfeiture of bail or collateral. AGO 71 (9-14-1943)

Revocation of license invalid where based upon violation of city traffic ordinance in conflict with state law. A city traffic ordinance that conflicts with state law is unconstitutional and any convictions or license revocations had thereunder are absolutely inoperative and invalid. AGO 419 (2-3-1947)

Department not bound by recommendations of court. Under sec. 32, ch. 190, Stats. 1941 (cf. NRS 483.450), which provides for a court's reporting of convictions to the motor vehicle department (now the department of motor vehicles) the department is not bound by the court's recommendations. AGO 460 (5-28-1947)

Compliance with section by municipal courts required. Municipal courts must comply with the statute requiring reports of municipal traffic offenses, as such statute is not an attempt to confer illegal jurisdiction but is the mere requirement laid upon cities to be performed by municipal courts. AGO 262 (6-8- 1953)