Nevada Revised Statutes

Nev. Rev. Stat. § 484A.730 (2026)

When peace officer has option to give traffic citation or take person before magistrate

✓ current as of July 2026
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NRS 484A.730  When peace officer has option to give traffic citation or take person before magistrate.

      1.  Whenever any person is halted by a peace officer for any violation of chapters 484A to 484E, inclusive, of NRS punishable as a misdemeanor and is not required to be taken before a magistrate, the person must be given a traffic citation unless the violation constitutes a repeat offense or a prohibited offense, in which case the person may, in the discretion of the peace officer, either be given a traffic citation or be taken without unnecessary delay before the proper magistrate.

      2.  As used in this section:

      (a) “Prohibited offense” means:

             (1) A violation of NRS 484B.653;

             (2) A violation of NRS 484C.110;

             (3) A violation of NRS 484C.120;

             (4) A violation of NRS 484E.020;

             (5) A violation of NRS 484E.030;

             (6) A violation of NRS 484E.040; or

             (7) A crime of violence, as defined in NRS 200.408.

      (b) “Repeat offense” means an offense for which the person has previously been arrested, convicted or issued a citation.

      (Added to NRS by 1967, 1211; A 1969, 1509; 1981, 1362; 2007, 2807; 2017, 1420; 2021, 3469)—(Substituted in revision for NRS 484.795)

     

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2025 · leading case: Cortes v. State, 260 P.3d 184 (Nev. 2011).
Cortes v. State, 260 P.3d 184 (Nev. 2011). · cites it 3× “795 (renumbered NRS 484A.730) — which provides an officer with discretion to arrest for citable traffic violations — Bayard holds both as a matter of state statutory and constitutional law, Nev.”
Gaines, III (Cornelius) v. State (Nev. 2014). · cites it 3× “Nevada has imposed such restrictions through NRS 484A.730. Under NRS 484A.730, aside from certain enumerated situations that mandate arrest, an officer has discretion to either arrest a person or issue a citation for a minor traffic offense.”
Keller v. Garrett (D. Nev. 2025). “[Keller] was arrested in violation of NRS 484A.730 and NRS 3 171.1771 as well as controlling precedent from the Supreme Court of Nevada and the Supreme Court of the United States.”
— Nev. Rev. Stat. § 484A.730(1) — 1 case
Cortes v. State, 260 P.3d 184 (Nev. 2011). “795 (renumbered NRS 484A.730) — which provides an officer with discretion to arrest for citable traffic violations — Bayard holds both as a matter of state statutory and constitutional law, Nev.”
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