Nebraska drivers need to understand the state's traffic laws for their safety and the well-being of all road users. The Nebraska Revised Statute (NRS) Section 60-682 outlines the specific traffic regulations drivers must follow, covering everything from speed limits to signaling requirements.
These laws are enforced by the Nebraska State Patrol (NSP) and local police departments. The NSP has jurisdiction over state highways and interstates, handling serious accidents and enforcing regulations. Local officers impose traffic laws within city limits, conduct routine stops, and respond to accidents.
The Nebraska Department of Motor Vehicles (NE DMV) supports these enforcement efforts by maintaining and managing driving records and the point system. The DMV tracks traffic violations reported by both the NSP and local police.
When it comes to processing traffic infractions, the court system is involved. Minor offenses are typically handled in the county courts, while more severe violations are dealt with at the district court level.
What Are the Major Traffic Violations in Nebraska?
There are generally two main categories of traffic violations that drivers in Nebraska may encounter: moving and non-moving.
Non-Moving Traffic Violations
Non-moving traffic violations are those not related to the operation of the vehicle. Such violations include:
- Driving with an expired vehicle registration
- Failing to pay for metered parking
- Operating a vehicle without a valid driver's license
These infractions can occur even when the vehicle is stationary. The focus is on the vehicle's compliance with laws, not the driver's behavior. While less severe than moving violations, non-moving infractions can still result in fines and sanctions for the driver.
Moving Traffic Violations
In contrast to non-moving violations, moving traffic violations in Nebraska are directly related to the driver's manner of operating the vehicle. These types of violations include:
- Driving under the influence (DUI)
- Reckless driving
- Running red lights or stop signs
- Speeding
Moving violations are generally viewed as more serious offenses than non-moving, as they involve actions that directly impact the vehicle's safe operation.
As a result, moving violations are typically penalized more harshly than non-moving violations. The potential consequences can include higher fines, license points or suspension, and even criminal charges in some cases.
For detailed guidance, the NE DMV website offers a copy of the driver's manual, which provides useful information on moving and non-moving violations.
In addition to moving and non-moving violations, traffic offenses can be further classified into felonies, misdemeanors, and infractions, depending on their severity.
Nebraska Felony Traffic Violations
The harshest traffic-related offenses in NE are classified as felonies, representing the gravest violations of the state's traffic laws. Common felony traffic violations include:
- Repeat misdemeanor traffic offenses
- Offenses resulting in severe bodily injury or death
- Vehicular assault
- Vehicular homicide
Felony traffic convictions in Nebraska carry severe penalties, including extended jail or prison terms, substantial fines, and probation. NRS Section 28-105 categorizes felonies into the following classes, each with specific maximum penalty guidelines.
- Class I Felony: Death
- Class IA Felony: Life imprisonment
- Class IB Felony: Life imprisonment for maximum penalty and 20 years imprisonment for minimum penalty
- Class IC Felony: 50 years imprisonment for maximum penalty and five years imprisonment for mandatory minimum
- Class ID Felony: 50 years imprisonment for maximum penalty and three years imprisonment for mandatory minimum
- Class II Felony: 50 years imprisonment for maximum penalty and a one-year imprisonment for minimum penalty
- Class IIA Felony: 20 years imprisonment for maximum penalty and none for minimum penalty
- Class III Felony
- Maximum Penalty: Four years imprisonment and two years post-release supervision, or a $25,000 fine, or both
- Minimum Penalty: None for imprisonment and nine months post-release supervision if imprisonment is imposed
- Class IIIA Felony
- Maximum Penalty: Three years imprisonment and 18 months post-release supervision, or a $10,000 fine, or both
- Minimum Penalty: None for imprisonment and nine months post-release supervision if imprisonment is imposed
- Class IV Felony
- Maximum Penalty: Two years imprisonment and 12 months post-release supervision, or a $10,000 fine, or both
- Minimum Penalty: None for imprisonment and none for post-release supervision
The courts use these classifications, along with the unique circumstances and the person's criminal history, to determine the appropriate punishment for felony traffic offenders.
In addition to the criminal penalties, felony traffic convictions in Nebraska typically result in license suspension or revocation, including potential lifetime revocation. The driver's record will also reflect the points associated with the offense, and the seized vehicle used during the crime may be impounded.
Furthermore, individuals convicted of felony traffic offenses may lose certain rights, such as the ability to vote or work in specific professions.
Nebraska Traffic Misdemeanors
In contrast to felony traffic offenses, traffic misdemeanors in NE are considered less severe violations of the state's traffic laws.
Traffic misdemeanors in Nebraska are punishable by a fine or incarceration in the county jail for less than one year. The law in Nebraska classifies misdemeanors into seven categories, with each class having its maximum fine and sentence. Based on NRS Section 28-106, the classifications are as follows:
- Class I Misdemeanor: Up to one-year imprisonment, $1,000 fine, or both
- Class II Misdemeanor: Up to six months imprisonment, $1,000 fine, or both
- Class III Misdemeanor: Up to three months imprisonment, $500 fine, or both
- Class IIIA Misdemeanor: Up to seven days imprisonment, $500 fine, or both
- Class IV Misdemeanor: No imprisonment, but the fines range from $100 to $500
- Class V Misdemeanor: No imprisonment, $100 fine
- Class W Misdemeanor (DUI or implied consent)
- First conviction: 60 days imprisonment and $500 fine for maximum penalty, while seven days imprisonment and $400 fine for mandatory minimum
- Second conviction: Six months imprisonment and a $500 fine for the maximum penalty, while 30 days imprisonment and a $500 fine for a mandatory minimum
- Third conviction: One year imprisonment and $600 fine for maximum penalty, while 90 days imprisonment and $600 fine for mandatory minimum
In addition to these jail time and fines, traffic misdemeanors in Nebraska can result in license-related penalties, such as losing driving privileges and accrual demerit points on the individual's driving record. However, unlike felony convictions, individuals guilty of traffic misdemeanors may retain certain civil rights and privileges, such as the right to vote and the ability to work in certain professions.
Examples of traffic misdemeanors in NE include:
- Driving without insurance
- Failing to stop at the scene of an accident
- Driving without a valid license
- Reckless driving
While these misdemeanors have specific legal consequences, there are also a range of traffic infractions in Nebraska that, though less severe, still impact drivers and their legal standing.
Nebraska Traffic Infractions
Most driving offenses in Nebraska are classified as traffic infractions, considered less severe than felony traffic violations and traffic misdemeanors. These infractions are non-criminal and are typically punishable by fines and the accrual of demerit points, but they do not carry the possibility of jail time.
Examples of common traffic infractions include:
- Distracted driving, such as texting
- Speeding
- Improper turning or passing
- Illegal U-turns
If a driver accumulates too many demerit points from repeated traffic infractions, this can lead to a suspended license, which carries more significant legal and practical consequences for the driver.
Suspended License Violations
When a person's driving freedom is suspended in NE, operating a vehicle is considered a severe offense. This action constitutes a Class III misdemeanor, resulting in up to three months in jail and a fine of up to $500, as previously detailed.
In certain cases, license revocation is mandated instead of suspension, particularly for severe offenses such as:
- Motor vehicle homicide
- Hit-and-run accidents that cause injury or death
- Refusal to take alcohol or drug tests
In Nebraska, the penalties for driving with a revoked license vary based on the number of prior offenses.
For a first-time offense, the individual faces a Class II misdemeanor, resulting in up to six months in jail and a fine of up to $1000. Additionally, their license will be revoked for an extra year.
The potential penalties for second and third offenses remain the same, but the additional license revocation period increases to two years.
If a person receives a fourth or subsequent conviction, they commit a more severe Class I misdemeanor. This can lead to up to one year in jail, a fine of up to $1,000, and a two-year additional license revocation.
DUI Nebraska Laws
A DUI offense refers to operating a motor vehicle while impaired by alcohol, drugs, or a combination of substances that affect the driver's ability to manage the car safely.
In Nebraska, DUIs from the first to the third offense are classified as Class W traffic misdemeanors. Although DUIs are taken seriously in NE, the misdemeanor classification allows for a focus on behavior correction rather than imposing the more severe criminal penalties associated with felonies.
The legal limit for blood alcohol content (BAC) in Nebraska is set at 0.08% for adult drivers. At the same time, minors under 21 are subject to stricter regulations, with any detectable BAC of 0.02% or higher being grounds for a DUI charge.
For a first-time DUI offense in Nebraska, the penalties typically include:
- A minimum of 7 days in jail
- Fines of $400 to $1,000
- License revocation for six months to one year
- The requirement to install an ignition interlock device for at least six months
- An addition of six points to the driving record
The ignition interlock device requirement means the driver must have a breathalyzer-type device installed in their vehicle, which prevents the car from starting if it detects any alcohol on the driver's breath.
The consequences for DUI offenses escalate significantly for repeat offenses within 15 years. Drivers face longer jail time, higher fines, and extended periods of license revocation. Furthermore, the ignition interlock device requirement may be extended.
How Does Nebraska's DMV Point System Work?
Drivers in NE can accumulate points on their driving record for traffic violations and unsafe driving behaviors.
The number of points assigned to a particular offense depends on its nature and severity. For example, more severe infractions like reckless driving or DUI may result in a higher point assessment than minor traffic infractions like speeding or failing to signal.
Significantly, points can accrue even if the violation occurred in another state. NE will still apply the corresponding points to the driver's record as if the offense happened within the state.
As per Nebraska's driving record points system, if a driver accumulates 12 or more points within a two-year timeframe, the NE DMV will automatically revoke their driver's license.
The revocation of a license means the driver is only legally permitted to operate a motor vehicle once they have gone through the proper reinstatement process.
For a first-offense license revocation, the suspension period is six months. However, if a driver experiences a second revocation within five years, the suspension period increases to three years.
The driver must take several steps to have their license reinstated after a revocation, which includes:
- Completing a state-approved driver improvement course
- Providing proof of financial responsibility (typically in the form of SR22 insurance)
- Paying a $125 reinstatement fee
- Applying for and testing for a new driver's license.
NE motorists who are unsure of the current status of their driving record points can check the information using the state's Driver Privilege Services portal. To access this information, individuals will need to provide their driver's license or Social Security number, last name, and date of birth.
How Long Do Points Stay on Nebraska Driving Records?
When a person is convicted of a traffic violation, the points are added to their record as of the date the breach occurred, not the date of conviction. These points remain on the person's record for five years.
Traffic law and regulations in NE establish a five-year retention period for points on a driving record to balance the need for accountability and the need for drivers to rehabilitate their records. After five years, the points associated with the traffic violation are cleared from the driver's record.
What Is the Process for Handling Traffic Tickets in Nebraska?
The traffic offense process typically begins with a citation issued to the defendant, which may also be delivered by mail or personal service.
For less serious offenses, individuals may be able to waive their court appearance by paying the fines and costs without attending court, provided that the "waiver allowed" box is checked on the citation.
There are two ways to handle this waiver process. First, people can pay electronically through the Nebraska Judicial Branch (NJB) Internet Payment System. Alternatively, they can pay by mail - signing and dating the citation, then sending it along with the payment to the address provided on the citation.
However, if a waiver is not allowed or the individual is cited for multiple offenses, including one that requires a court appearance, they must attend the specified court date.
During the court process, most cases are argued before a judge. If convicted, the judge will decide the sentence based on the guidelines in the NRS Chapter 28, which may involve fines, jail time, payment of damages, or probation.
Court costs must be paid according to a public fee schedule available through the NJB website. For minor traffic citations, individuals may be eligible for the Safety Training Option Program (STOP), which can result in the citation being dismissed without a fine, court appearance, or points on the license.
How Are Accident Reports Handled in Nebraska?
In Nebraska, the handling of accident reports follows a specific procedure designed to ensure proper documentation of motor vehicle crashes. When a crash occurs, the state requires drivers to report the incident if it results in injury, death, or property damage of $1,500 or more to any single person's property, including the driver's own.
Drivers have two primary options for submitting their reports. The preferred method is through the online Driver Crash Reporting website, which allows for electronic submission within the mandated 10-day period following the crash. This digital approach offers several advantages, including the ability to complete the entire process online without the need for printing or mailing forms.
Alternatively, drivers may opt for a traditional paper-based method. They can download the Driver's Motor Vehicle Crash Report form, fill it out completely, and mail it to the address below within the same 10-day timeframe.
Highway Safety, Nebraska Department of Transportation
P.O. Box 94759
Lincoln, NE 68509-4759
The key details that should be included in a car accident report include:
- Description of the accident scene like damage to the vehicles, road conditions (e.g., wet, dry, icy), weather conditions
- Eyewitness statements and contact information
- Contact details for drivers and passengers
- Traffic laws violation
- Information about any injured persons, like nature and extent of injuries
Note that if a law enforcement officer investigates the crash and completes an Investigator's Crash Report, the involved drivers are not required to submit their reports.
Obtaining Accident Reports
In Nebraska, individuals seeking copies of Investigator's Motor Vehicle Crash Reports have several options available to them. The state's Department of Transportation (NDOT) provides these reports for a fee of $13 plus applicable taxes. Those interested can obtain these documents through various methods to suit their convenience.
For those preferring digital access, the NDOT offers an online option via email at NDOT.CrashReport@Nebraska.gov. Alternatively, individuals can request reports by phone (402-479-4645) or opt for in-person collection at the Highway Safety Section at 1500 Nebraska Parkway – Room 14B, Lincoln, NE.
For those who prefer traditional mail, the NDOT accommodates this method as well, though it is advisable to confirm the correct tax amount beforehand by contacting the department directly.
For additional information or inquiries, visit the Crash Reporting page on the NDOT official website.
What Should Drivers Know about Traffic-Related Arrests in Nebraska?
Drivers in Nebraska should be aware of their legal rights and the processes involved when facing serious traffic offenses. Under the Fifth Amendment of the U.S. Constitution, individuals have the right to remain silent to avoid self-incrimination during an arrest.
Additionally, the Sixth Amendment guarantees the right to legal counsel, which is upheld in Nebraska law. Hiring an experienced lawyer is highly recommended, as they can provide crucial guidance, negotiate plea deals, and work to mitigate potential penalties.