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on if the person obtains a motor vehicle liability policy by the time of sentencing, unless:
(a) The person has registered the vehicle as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215; or
(b) The person has been issued a certificate of self-insurance pursuant to NRS 485.380.
4. A court:
(a) Shall not find a person guilty or fine a person for a violation of paragraph (a), (b) or (c) of subsection 1 or for a violation of subsection 2 if he presents evidence to the court that the insurance required by NRS 485.185 was in effect at the time demand was made for it.
(b) Except as otherwise provided in paragraph (a), may impose a fine of not more than $1,000 for a violation of paragraph (a), (b) or (c) of subsection 1, and suspend the balance of the fine on the condition that the person presents proof to the court each month for 12 months that the insurance required by NRS 485.185 is currently in effect.
5. The provisions of paragraphs (b) and (c) of subsection 1 do not apply if the motor vehicle in question displays a valid permit issued by the Department pursuant to subsection 1 or 2 of NRS 482.3955, or NRS 482.396 or 482.3965 authorizing the movement or operation of that vehicle within the State for a limited time.
(Added to NRS by 1987, 1089; A 1987, 1443; 1989, 1844; 1993, 157, 1443, 2485, 2492; 1995, 576, 2357, 2735; 1997, 662; 1999, 2727; 2001, 922)
SECURITY FOLLOWING ACCIDENT
NRS 485.190 Department to determine amount of security required; suspension of license and registration; notice; procedure regarding erroneous information.
1. If 20 days after the receipt of a report of an accident involving a motor vehicle within this State which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the Department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 of this section has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the accident, the Department shall upon request set the matter for a hearing as provided in NRS 485.191.
2. The Department shall, at any time after a determination adverse to an operator or owner pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such an accident, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this State, and, if the owner is a nonresident, the privilege of the use within this State of any motor vehicle owned by him, unless the operator or owner, or both, deposit security in the sum so determined by the Department. Notice of such a suspension must be sent by the Department to the operator and owner not less than 10 days before the effective date of the suspension and must state the amount required as security. If erroneous information is given to the Department with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall take appropriate action as provided in this section after it receives correct information with respect to those matters.
[Part 4:127:1949; 1943 NCL § 4439.04]—(NRS A 1961, 139; 1965, 264, 1275; 1973, 1545; 1981, 1862; 1987, 1090; 1993, 2486; 1999, 3579)
NRS 485.191 Right to hearing; notice; request for hearing; waiver.
1. Any operator or owner of a motor vehicle who was involved in an accident and who is not exempt from the requirements of depositing security by the provisions of NRS 485.200, is entitled to a hearing before the Director or his representative before a determination of the amount of security required pursuant to NRS 485.190, and before the suspension of his operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held in the county of residence of the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing must be held in the county which will be the most convenient for the summoning of witnesses.
2. The owner or operator must be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against him and the possible consequences of a determination adverse to him.
3. If the operator or owner desires a hearing, he shall, within 15 days, notify the Department in writing of his intention. If he does not send this notice within the 15 days, he waives his right to a hearing, except that, the Director may for good cause shown permit the owner a later opportunity for a hearing.
(Added to NRS by 1973, 1544; A 1981, 1863; 1987, 1091; 1999, 3580)
NRS 485.193 Scope of hearing. The hearing must be held to determine:
1. Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the accident in which he was involved if the issue is brought before a court of competent jurisdiction; and
2. The amount of security that may be required of the operator or owner to satisfy any judgment for damages that may be rendered against him.
(Added to NRS by 1973, 1544; A 1981, 85)
NRS 485.195 Powers of officer conducting hearing. The Director or his representative may certify to all official acts and issue subpoenas for attendance of witnesses and the production of books and papers.
(Added to NRS by 1973, 1544; A 1981, 85)
NRS 485.197 Enforcement of subpoenas issued by Director.
1. The district court in and for the county in which any hearing may be held shall have the power to compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the Director.
2. In case of the refusal of any witness to attend or testify or produce any papers required by such subpoena the Director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:
(a) That due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) That the witness has been subpoenaed in the manner prescribed in this chapter;
(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the Director in the cause or proceeding named in the subpoena, or has refused to answer questions propounded to him in the course of such hearing,
and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the Director.
3. The court, upon petition of the Director, shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the Director. A certified copy of the order shall be served upon the witness. If it shall appear to the court that the subpoena was regularly issued by the Director, the court shall thereupon enter an order that the witness appear before the Director at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness shall be dealt with as for contempt of court.
(Added to NRS by 1973, 1545)
NRS 485.200 Exceptions to requirements as to security and suspension of license and registration.
1. The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:
(a) To the operator or owner if he had in effect at the time of the accident a motor vehicle liabilit
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