Rule 7.7 . Prosecutorial election to treat violation as civil infraction.

(a) A prosecuting attorney electing to treat a violation of a provision of NRS Chapters 483 to 484E , inclusive, 486 , or 490 as a civil infraction must prepare a civil infraction citation using a form authorized by the court and follow the procedural requirements of NRS 484A.7049 . (b) A prosecuting attorney who elects to have all violations of a specific provision of NRS Chapters 483 to 484E , inclusive, 486 , or 490 treated as civil infractions may provide written notice to the court identifying the specific Nevada Offense Codes (NOC). Upon the filing of a criminal traffic citation containing only misdemeanor offenses the prosecuting attorney elects to treat as a civil infraction, the court will: (1) Electronically prepare the civil infraction citation and file the citation in a civil case; (2) Attempt to deliver a copy of the notice and the civil infraction citation to the defendant via an email address or via text message if such information is provided on the citation; and (3) Dismiss the underlying criminal charge. (c) Notices and civil infraction citations that are unable to be served by email or text message will be sent to the prosecuting attorney for service via regular mail. (d) The prosecuting attorney is responsible for ensuring service of the notice and civil infraction citation and filing proof of service with the court in the civil infraction citation case. (e) Criminal traffic citations containing multiple misdemeanor offenses in which the prosecuting attorney has elected to treat only a portion of the misdemeanor offenses as civil infractions cannot be processed by the court as set forth in subsection (b) above. Instead, the prosecuting attorney must follow the procedural requirements of NRS 484A.7049 on each individual case.