RECKLESS DRIVING AND DRUNK DRIVING

North Las Vegas Municipal Code tit. 10, ch. 10.28

in effect

North Las Vegas Municipal Code § 10.28.010 Reckless Driving.

10.28.010 - Reckless Driving. A. Any person who drives any vehicle in wilful or wanton disregard for the safety of persons or property is guilty of reckless driving. B. "Persons" whose safety is disregarded shall include, without limiting, all occupants of the vehicle which is driven in a wilful or wanton manner including the driver; and "property" shall include, without limiting, the vehicle which is driven in a wilful or wanton manner. C. Every person convicted of reckless driving shall be punished upon a first conviction, by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the city jail for a period not to exceed six months or by both such fine and imprisonment, and on a second or subsequent conviction within the previous three years, under this title or any other substantially similar state statute or city ordinance, conviction of which requires proof of not less than the elements set forth in this section, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than five days nor more than six months, or by both such fine and imprisonment. (Prior Code § 9.24.020)

North Las Vegas Municipal Code § 10.28.020 Driving Under the Influence of Intoxicating Liquor.

10.28.020 - Driving Under the Influence of Intoxicating Liquor. A. It is unlawful for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of a vehicle within the city. B. It is unlawful for any person who is a habitual user of, or under the influence of, any controlled substance as defined in Chapter 453 of NRS, or any person who inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any chemical, poison or organic solvent, to a degree which renders him incapable of safely driving or steering a vehicle, to drive or steer a vehicle within the city. The fact that any person charged with a violation of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this subsection. C. In any criminal prosecution for a violation of this section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defendant's blood, urine or breath or any bodily substance shall give rise to the following presumptions: 1. If there was at that time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor. 2. If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. 3. If there was at that time 0.10 percent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor. D. The provisions of subsection C of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor. (Prior Code § 9.24.030)

North Las Vegas Municipal Code § 10.28.030 Violation—Penalty.

10.28.030 - Violation—Penalty. A. Every person who is convicted of a violation of Section 10.28.020 shall be punished: 1. Upon a first conviction by a fine not to exceed five hundred dollars ($500.00) or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. 2. On a second or subsequent conviction within the previous three years under this title or any other substantially similar state statute or city ordinance, conviction of which requires proof of not less than the element set forth in Section 10.28.020, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by imprisonment for not less than ten (10) days nor more than six months, or by both such fine and imprisonment. B. For the purpose of this section, the term "conviction" means a final conviction; or a forfeiture of bail or collateral deposited to secure a defendant's appearance in court, which forfeiture has not been vacated, shall be equivalent to a conviction. (Prior Code § 9.24.060)

North Las Vegas Municipal Code § 10.28.040 Proof of Prior Convictions.

10.28.040 - Proof of Prior Convictions. Introduction of a copy of a judgment of conviction or its equivalent authenticated as provided by law, bearing the same name as the defendant, shall raise a rebuttable presumption that the defendant and the person named in said copy are the same person. (Prior Code § 9.24.070)

North Las Vegas Municipal Code § 10.28.050 Allegation and Proof of Prior Convictions not Required for Purpose of Sentencing.

10.28.050 - Allegation and Proof of Prior Convictions not Required for Purpose of Sentencing. After convictions under Section 10.28.020, failure to allege or prove any convictions shall in no way restrict the municipal court judge from considering such prior convictions at the time of sentence to assist in his determination of an appropriate sentence. (Prior Code § 9.24.080)

North Las Vegas Municipal Code § 10.28.060 Open Containers Unlawful in Motor Vehicles.

10.28.060 - Open Containers Unlawful in Motor Vehicles. A. It is unlawful for a person to have in his or her possession, or on his or her person, while in a motor vehicle upon a highway, any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed. B. It is unlawful for the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, to keep in a motor vehicle when the motor vehicle is upon any highway, any bottle, can or other receptacle containing any alcoholic beverage which has been partially removed, unless the container is kept in the trunk of the vehicle or kept in some other area of the vehicle not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility compartment or glove compartment shall be deemed to be within the area occupied by the driver and passengers. C. Subsections A and B of this section do not apply to a motor vehicle operated by a common carrier, taxicab, limousine, bus or other motor vehicle used to carry passengers for furtherance of commercial enterprise, or the living quarters of a motorhome, housecar or camper. D. "Alcoholic beverage" as used in this section means beer, wine, spirits and alcohol, as those products are defined in Chapter 5.26 of this Code, and every liquid containing one-half of one percent or more of alcohol by volume which is used for beverage purposes. E. "Highway" as used in this section means the entire width between the boundary lines of every way dedicated to a public authority when any part of the way is open to the use of the public for purposes of vehicular traffic, whether or not the public authority is maintaining the way. (Ord. 980 § 1, 1990)

Source: City of North Las Vegas, Nevada, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nv/north_las_vegas/codes/code_of_ordinances?nodeId=TIT10VETR_CH10.28REDRDRDRFetched: 11/1/2026