Traffic Law
Civil Infraction vs. Criminal Traffic Violation in Nevada: What's the Difference?
When you get pulled over in Las Vegas, the officer hands you a piece of paper and drives off — but that paper isn’t always the same kind of legal problem. Some traffic tickets are civil infractions. Others are criminal violations. The difference determines whether you could face jail, whether you end up with a criminal record, and how aggressively you should fight the charge.
Here’s what every Nevada driver should understand.
The short version
- A civil infraction is a non-criminal ticket. The worst-case outcome is a fine and demerit points — no jail, no criminal record.
- A criminal traffic violation is a misdemeanor (or worse). A conviction can mean jail time, probation, and a permanent criminal record that shows up on background checks.
Two drivers can be pulled over on the same stretch of the 215 — one gets a civil speeding ticket, the other gets a criminal reckless-driving charge — and walk away facing completely different futures.
What is a civil infraction?
As of January 1, 2023, Nevada decriminalized most minor traffic offenses (Assembly Bill 116). Things like ordinary speeding, failure to signal, or running a stop sign are now civil infractions rather than misdemeanors.
A civil infraction means:
- No jail. The penalty is a monetary fine.
- No criminal record. It won’t appear as a crime on a background check.
- No bench warrant for missing court the way a criminal case can trigger — though ignoring it still leads to collections, a DMV hold, and added penalties.
- Demerit points are still assessed against your Nevada driving record, which is what drives up your insurance and can lead to a suspended license.
Even though it’s “just civil,” a stack of points can still cost you your license — Nevada suspends you at 12 points in 12 months. That’s why reducing a civil ticket to a non-moving violation (zero points) still matters.
What is a criminal traffic violation?
Some traffic offenses remain crimes in Nevada. These are prosecuted as misdemeanors (or, in serious cases, gross misdemeanors or felonies) and carry the full weight of the criminal system.
Common criminal traffic charges include:
- Reckless driving (NRS 484B.653) — up to 6 months in jail and 8 demerit points on a first offense.
- DUI (NRS 484C.110) — mandatory penalties, license suspension, and possible jail even on a first offense.
- Driving on a suspended or revoked license (NRS 483.560).
- Hit and run / leaving the scene.
- Vehicular assault or homicide — felony charges.
A criminal conviction means you now have a misdemeanor (or felony) on your record, which can affect employment, professional licenses, security clearances, and immigration status — long after the fine is paid.
Why the distinction changes your strategy
| Civil infraction | Criminal violation | |
|---|---|---|
| Possible jail? | No | Yes |
| Criminal record? | No | Yes |
| Demerit points? | Yes | Yes (often more) |
| Right to court-appointed attorney? | No | Yes, if jail is possible |
| Typical examples | Speeding, no signal, stop-sign | Reckless driving, DUI, suspended license |
The goal in many traffic cases is the same: get the charge reduced to a civil, non-moving violation so you avoid points entirely. But when the charge starts out criminal, the stakes are far higher — getting a reckless driving charge knocked down to a basic civil speed infraction can be the difference between a clean record and a misdemeanor that follows you for years.
What you should do
- Read the citation. It will reference a statute (an “NRS” number). That tells us whether you’re dealing with a civil infraction or a crime.
- Don’t just pay it. Paying a ticket is a guilty plea. On a civil ticket that means accepting the points; on a criminal ticket it can mean accepting a conviction.
- Note your deadline. Both civil and criminal tickets have response deadlines. Missing them makes everything worse — added fees, a DMV hold, or a bench warrant.
- Talk to an attorney before you decide. A quick, free review tells you exactly which category your ticket falls into and what it’s likely to cost you.
The bottom line
In Nevada, “a ticket is a ticket” is a dangerous assumption. A civil infraction threatens your wallet and your points; a criminal violation threatens your record and your freedom. Knowing which one you’re facing — and responding the right way — is the single most important thing you can do after a traffic stop.
If you’re not sure which kind of ticket you’re holding, send us a photo. We’ll tell you exactly what you’re up against — free.