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Senate Bill No. 130–Committee on Transportation

 

(On Behalf of Department of Motor Vehicles and
Public Safety—Highway Patrol)

 

February 14, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing suspension and revocation of driver’s license under certain circumstances. (BDR 43‑405)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to traffic laws; revising the provisions governing the suspension of a driver’s license of a person less than 21 years of age who drives a vehicle with a concentration of alcohol of 0.02 or more but less than 0.10 in his blood or breath; revising the provisions governing the revocation of a driver’s license of a person who drives a vehicle with a concentration of alcohol of 0.10 or more in his blood or breath or a detectable amount of a prohibited substance in his blood or urine; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  NRS 483.462 is hereby amended to read as follows:

1-2    483.462  1.  A peace officer who has received the result of a test given

1-3  pursuant to NRS 484.382 or 484.383 which indicates that a person less

1-4  than 21 years of age to whom the test was given had a concentration of

1-5  alcohol of 0.02 or more but less than 0.10 in his blood or breath shall

1-6  prepare a written certificate indicating whether the peace officer:

1-7    (a) Had reasonable grounds to believe that the person was driving under

1-8  the influence of alcohol;

1-9    (b) Served an order of suspension on the person pursuant to subsection

1-10  2; and

1-11    (c) Issued the person a temporary license pursuant to subsection 2.

1-12    2.  [If] Except as otherwise provided in subsection 3, if a person less

1-13  than 21 years of age to whom a test is given pursuant to NRS 484.382 or

1-14  484.383 is present when a peace officer receives the result of the test and

1-15  the test indicates that the person has a concentration of alcohol of 0.02 or

1-16  more but less than 0.10 in his blood or breath, the peace officer shall:

2-1    (a) Serve an order of suspension of the license, permit or privilege;

2-2    (b) Seize any license or permit of the person;

2-3    (c) Advise the person of his right to:

2-4       (1) Administrative and judicial review of the suspension; and

2-5       (2) Have a temporary license;

2-6    (d) If the person requests a temporary license, issue the person a

2-7  temporary license on a form approved by the department which becomes

2-8  effective 24 hours after he receives the temporary license and expires 120

2-9  hours after it becomes effective; and

2-10    (e) Transmit to the department:

2-11      (1) Any license or permit seized pursuant to paragraph (b); and

2-12      (2) The written certificate which the peace officer is required to

2-13  prepare pursuant to subsection 1.

2-14    3.  If a person less than 21 years of age to whom a test is given

2-15  pursuant to NRS 484.382 or 484.383 is present when a peace officer

2-16  receives the result of the test and the test indicates that the person has a

2-17  concentration of alcohol of 0.02 or more but less than 0.10 in his blood

2-18  or breath, but extenuating circumstances prevent the peace officer from

2-19  performing the actions set forth in paragraphs (a) to (d), inclusive, of

2-20  subsection 2, the peace officer shall:

2-21    (a) Prepare a written statement describing in detail the extenuating

2-22  circumstances that prevent him from taking the actions set forth in

2-23  paragraphs (a) to (d), inclusive, of subsection 2; and

2-24    (b) Transmit to the department:

2-25      (1) A copy of the result of the test;

2-26      (2) The written certificate which the peace officer is required to

2-27  prepare pursuant to subsection 1; and

2-28      (3) The written statement which the peace officer is required to

2-29  prepare pursuant to paragraph (a).

2-30    4.  Upon receiving a copy of the result of the test, the written

2-31  certificate and the written statement transmitted by a peace officer

2-32  pursuant to subsection 3, the department shall:

2-33    (a) Review the result of the test, the written certificate and the written

2-34  statement; and

2-35    (b) If the department determines that it is appropriate, issue an order

2-36  to suspend the license, permit or privilege to drive of the person by

2-37  mailing the order to the person at his last known address.

2-38    5.  If a person less than 21 years of age to whom a test is given

2-39  pursuant to NRS 484.382 or 484.383 is not present when a peace officer

2-40  receives the result of the test and the test indicates that the person has a

2-41  concentration of alcohol of 0.02 or more but less than 0.10 in his blood or

2-42  breath, the peace officer shall transmit to the department a copy of the

2-43  result of the test and the written certificate which the peace officer is

2-44  required to prepare pursuant to subsection 1.

2-45    [4.  The department, upon] Upon receiving a copy of the result of the

2-46  test and the written certificate transmitted by the peace officer pursuant to

2-47  [subsection 3,] this subsection, the department shall:

2-48    (a) Review the result of the test and the written certificate; and

3-1    (b) If the department determines that it is appropriate, issue an order to

3-2  suspend the license, permit or privilege to drive of the person by mailing

3-3  the order to the person at his last known address.

3-4    [5.] 6. An order for suspension issued by the department pursuant to

3-5  subsection 4 or 5 must:

3-6    (a) Explain the grounds for the suspension;

3-7    (b) Indicate the period of the suspension;

3-8    (c) Require the person to transmit to the department any license or

3-9  permit held by the person; and

3-10    (d) Explain that the person has a right to administrative and judicial

3-11  review of the suspension.

3-12    [6.] 7. An order for suspension issued by the department pursuant to

3-13  subsection 4 or 5 is presumed to have been received by the person 5 days

3-14  after the order is deposited, postage prepaid, in the United States mail by

3-15  the department. The date of mailing of the order may be shown by a

3-16  certificate that is prepared by an officer or employee of the department

3-17  specifying the date of mailing.

3-18    Sec. 2.  NRS 484.385 is hereby amended to read as follows:

3-19    484.385  1.  [As agent for the department, the officer who obtained

3-20  the result of a test given pursuant to NRS 484.382 or 484.383 shall

3-21  immediately serve an order of revocation of the license, permit or privilege

3-22  to drive on a person who has a concentration of alcohol of 0.10 or more in

3-23  his blood or breath or has a detectable amount of a prohibited substance in

3-24  his blood or urine, if that person is present, and shall seize his license or

3-25  permit to drive. The officer shall then advise him of his right to

3-26  administrative and judicial review of the revocation and to have a

3-27  temporary license, and shall issue him a temporary license on a form

3-28  approved by the department if he requests one, which is effective for only 7

3-29  days including the date of issuance. The officer shall immediately transmit

3-30  the person’s license or permit to the department along with the written

3-31  certificate required by subsection 2.

3-32    2.  When a police officer has served an order of revocation of a driver’s

3-33  license, permit or privilege on a person pursuant to subsection 1, or later

3-34  receives the result of an evidentiary test which indicates that a person, not

3-35  then present, had a concentration of alcohol of 0.10 or more in his blood or

3-36  breath or had a detectable amount of a prohibited substance in his blood or

3-37  urine, the officer shall immediately prepare and transmit to the department,

3-38  together with the seized license or permit and a copy of the result of the

3-39  test, a written certificate that he had reasonable grounds to believe that the

3-40  person had been driving or in actual physical control of a vehicle with a

3-41  concentration of alcohol of 0.10 or more in his blood or breath or with a

3-42  detectable amount of a prohibited substance in his blood or urine, as

3-43  determined by a chemical test. The certificate must also indicate whether

3-44  the officer served an order of revocation on the person and whether he

3-45  issued the person a temporary license.

3-46    3.  The department, upon receipt of such a certificate for which an

3-47  order of revocation has not been served, after examining the certificate and

3-48  copy of the result of the chemical test, if any, and finding that revocation is

3-49  proper, shall issue an order revoking the person’s license, permit or

4-1  privilege to drive by mailing the order to the person at his last known

4-2  address. The order must indicate the grounds for the revocation and the

4-3  period during which the person is not eligible for a license, permit or

4-4  privilege to drive and state that the person has a right to administrative and

4-5  judicial review of the revocation and to have a temporary license. The

4-6  order of revocation becomes effective 5 days after mailing.

4-7    4.] A peace officer who has received the result of a test given pursuant

4-8  to NRS 484.382 or 484.383 which indicates that a person has a

4-9  concentration of alcohol of 0.10 or more in his blood or breath or a

4-10  detectable amount of a prohibited substance in his blood or urine shall

4-11  prepare a written certificate indicating whether the peace officer:

4-12    (a) Had reasonable grounds to believe that the person had been

4-13  driving or in actual physical control of a vehicle with a concentration of

4-14  alcohol of 0.10 or more in his blood or breath or a detectable amount of

4-15  a prohibited substance in his blood or urine, as determined by a chemical

4-16  test;

4-17    (b) Served an order of revocation on the person pursuant to

4-18  subsection 2; and

4-19    (c) Issued the person a temporary license pursuant to subsection 2.

4-20    2.  Except as otherwise provided in subsection 3, if a person to whom

4-21  a test is given pursuant to NRS 484.382 or 484.383 is present when a

4-22  peace officer receives the result of the test and the test indicates that the

4-23  person has a concentration of alcohol of 0.10 or more in his blood or

4-24  breath or a detectable amount of a prohibited substance in his blood or

4-25  urine, the peace officer shall:

4-26    (a) Serve an order of revocation of the license, permit or privilege;

4-27    (b) Seize any license or permit of the person;

4-28    (c) Advise the person of his right to:

4-29      (1) Administrative and judicial review of the revocation; and

4-30      (2) Have a temporary license;

4-31    (d) If the person requests a temporary license, issue the person a

4-32  temporary license, which is effective for only 7 days including the date of

4-33  issuance, on a form approved by the department; and

4-34    (e) Transmit to the department:

4-35      (1) Any license or permit seized pursuant to paragraph (b); and

4-36      (2) The written certificate which the peace officer is required to

4-37  prepare pursuant to subsection 1.

4-38    3.  If a person to whom a test is given pursuant to NRS 484.382 or

4-39  484.383 is present when a peace officer receives the result of the test and

4-40  the test indicates that the person has a concentration of alcohol of 0.10

4-41  or more in his blood or breath or a detectable amount of a prohibited

4-42  substance in his blood or urine, but extenuating circumstances prevent

4-43  the peace officer from performing the actions set forth in paragraphs (a)

4-44  to (d), inclusive, of subsection 2, the peace officer shall:

4-45    (a) Prepare a written statement describing in detail the extenuating

4-46  circumstances that prevent him from taking the actions set forth in

4-47  paragraphs (a) to (d), inclusive, of subsection 2; and

4-48    (b) Transmit to the department:

4-49      (1) A copy of the result of the test;

5-1       (2) The written certificate which the peace officer is required to

5-2  prepare pursuant to subsection 1; and

5-3       (3) The written statement which the peace officer is required to

5-4  prepare pursuant to paragraph (a).

5-5    4.  Upon receiving a copy of the result of the test, the written

5-6  certificate and the written statement transmitted by a peace officer

5-7  pursuant to subsection 3, the department shall:

5-8    (a) Review the result of the test, the written certificate and the written

5-9  statement; and

5-10    (b) If the department determines that it is appropriate, issue an order

5-11  to revoke the license, permit or privilege to drive of the person by mailing

5-12  the order to the person at his last known address.

5-13    5.  If a person to whom a test is given pursuant to NRS 484.382 or

5-14  484.383 is not present when a peace officer receives the result of the test

5-15  and the test indicates that the person has a concentration of alcohol of

5-16  0.10 or more in his blood or breath or a detectable amount of a

5-17  prohibited substance in his blood or urine, the peace officer shall

5-18  transmit to the department a copy of the result of the test and the written

5-19  certificate which the peace officer is required to prepare pursuant to

5-20  subsection 1. Upon receiving a copy of the result of the test and the

5-21  written certificate transmitted by the peace officer pursuant to this

5-22  subsection, the department shall:

5-23    (a) Review the result of the test and the written certificate; and

5-24    (b) If the department determines that it is appropriate, issue an order

5-25  to revoke the license, permit or privilege to drive of the person by mailing

5-26  the order to the person at his last known address.

5-27    6.  An order for revocation issued by the department pursuant to

5-28  subsection 4 or 5 must:

5-29    (a) Explain the grounds for the revocation;

5-30    (b) Indicate the period during which the person is not eligible for a

5-31  license, permit or privilege to drive;

5-32    (c) Require the person to transmit to the department any license or

5-33  permit held by the person; and

5-34    (d) Explain that the person has a right to administrative and judicial

5-35  review of the revocation.

5-36    7. Notice of an order of revocation and notice of the affirmation of a

5-37  prior order of revocation or the cancellation of a temporary license

5-38  provided in NRS 484.387 is sufficient if it is mailed to the person’s last

5-39  known address as shown by any application for a license. The date of

5-40  mailing may be proved by the certificate of any officer or employee of the

5-41  department, specifying the time of mailing the notice. The notice is

5-42  presumed to have been received upon the expiration of 5 days after it is

5-43  deposited, postage prepaid, in the United States mail.

 

5-44  H