Nevada § 484A.615 - Court or traffic violations bureau authorized to establish system to allow person to respond to traffic citation or civil infraction citation by mail or electronic means; requirements of system; exceptions; Nevada Supreme Court may adopt rules regarding system

§ 484A.615. Court or traffic violations bureau authorized to establish system to allow person to respond to traffic citation or civil infraction citation by mail or electronic means; requirements of system; exceptions; Nevada Supreme Court may adopt rules regarding system

1. A court having jurisdiction over an offense for which a traffic citation must be

issued pursuant to NRS 484A.630 or that is punishable as a civil infraction pursuant to NRS 484A.703 to 484A.705 , inclusive, or its traffic violations bureau may establish a system by which, except

as otherwise provided in subsection 6, the court or traffic violations bureau may

allow: (a) A person who has been issued a traffic citation or a civil infraction citation

that is filed with the court or traffic violations bureau to perform certain actions

approved by the court or traffic violations bureau, including, without limitation,

to make a plea and state his or her defense or, if authorized, any mitigating circumstances,

by mail, by electronic mail, over the Internet or by other electronic means. (b) A peace officer who issued a civil infraction citation to a person or, if the

provisions of NRS 484A.7049 apply, a peace officer who halted a person, to perform certain actions approved by

the court or traffic violations bureau, including, without limitation, to submit a

written statement under oath by mail, by electronic mail, over the Internet or by

other electronic means in lieu of his or her personal appearance at the hearing held

pursuant to NRS 484A.7041 to contest the determination that the person who has been issued the civil infraction

citation committed a civil infraction. 2. Except as otherwise provided in subsection 6, if a court or traffic violations

bureau has established a system pursuant to subsection 1, the court or traffic violations

bureau may allow: (a) A person described in paragraph (a) of subsection 1 to use the system to perform

certain actions approved by the court or traffic violations bureau, including, without

limitation, to make a plea or state his or her defense or, if authorized, any mitigating

circumstances in lieu of making a plea and statement of his or her defense or any

mitigating circumstances in court. (b) A peace officer described in paragraph (b) of subsection 1 to use the system to

perform certain actions approved by the court or traffic violations bureau, including,

without limitation, to submit a written statement under oath in lieu of making a personal

appearance in court. 3. Any plea or statement submitted through the system by a person or peace officer

pursuant to subsection 2 must be received by the court before the date on which the

person is required to appear in court pursuant to the traffic citation or civil infraction

citation. 4. If a court or traffic violations bureau allows an eligible person to whom a traffic

citation or civil infraction citation is issued to use a system established pursuant

to subsection 1 to make a plea and state his or her defense or, if authorized, any

mitigating circumstances and the person chooses to make a plea and state his or her

defense or any mitigating circumstances by using such a system, the person waives

any relevant constitutional right, including, without limitation, the right to a trial,

the right to confront any witnesses and the right to counsel, as applicable. 5. Any system established pursuant to subsection 1 must: (a) For the purpose of authenticating that the person making the plea and statement

of his or her defense or any mitigating circumstances or performing any other approved

action is the person to whom the traffic citation or civil infraction citation was

issued, be capable of requiring the person to submit any of the following information,

as applicable, at the discretion of the court or traffic violations bureau: (1) The traffic citation number or civil infraction citation number; (2) The name and address of the person; (3) The state registration number of the person's vehicle, if any; (4) The number of the driver's license of the person, if any; (5) The offense charged or the civil infraction for which the citation was issued;

and (6) Any other information required by any rules adopted by the Nevada Supreme Court

pursuant to subsection 7. (b) For the purposes of authenticating that the peace officer submitting the written

statement or performing any other approved action is the peace officer who issued

the civil infraction citation, be capable of requiring the peace officer to submit

any of the following information at the discretion of the court or traffic violations

bureau: (1) The civil infraction citation number; (2) The civil infraction for which the citation was issued; and (3) The first initial, last name and personnel number of the peace officer. (c) Provide notice to each person who uses the system to make a plea and statement

of his or her defense or any mitigating circumstances that the person waives any relevant

constitutional right, including, without limitation, the right to a trial, the right

to confront any witnesses and the right to counsel, as applicable. (d) If a plea and statement of the defense or mitigating circumstances of a person

or a written statement of a peace officer is submitted by electronic mail, over the

Internet or by other electronic means: (1) Confirm receipt of: (I) The plea and statement to the person making the plea; and (II) The written statement to the peace officer; or (2) Make available to: (I) The person making the plea a copy of the plea and statement; and (II) The peace officer submitting the written statement a copy of the written statement. 6. A person who has been issued a traffic citation for any of the following offenses

may not make a plea and state his or her defense or any mitigating circumstances by

using a system established pursuant to subsection 1: (a) Aggressive driving in violation of NRS 484B.650 ; (b) Reckless driving in violation of NRS 484B.653 ; (c) Vehicular manslaughter in violation of NRS 484B.657 ; or (d) Driving, operating or being in actual physical control of a vehicle while under

the influence of intoxicating liquor or a controlled substance in violation of NRS 484C.110 or 484C.120 , as applicable. 7. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this

State to carry out the provisions of this section.