reglab/housing_qa huggingface dataset:
NE Code § 60-6,197.09 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,197.09 - Driving under influence of alcoholic liquor or drugs; not eligible for probation or suspended sentence.

60-6,197.09.  Driving under influence of alcoholic liquor or drugs; not eligible for probation or suspended sentence.Notwithstanding the provisions of section 60-6,197.03, a person who commits a violation punishable under subdivision (3)(b) or (c) of section 28-306 or subdivision (3)(b) or (c) of section 28-394 or a violation of section 60-6,196, 60-6,197, or 60-6,198 while participating in criminal proceedings for a violation of section 60-6,196, 60-6,197, or 60-6,198, or a city or village ordinance enacted in accordance with section 60-6,196 or 60-6,197, or a law of another state if, at the time of the violation under the law of such other state, the offense for which the person was charged would have been a violation of section 60-6,197, shall not be eligible to receive a sentence of probation or a suspended sentence for either violation committed in this state.Source  Laws 2006, LB 925, § 14;  Laws 2011, LB667, § 37. Annotations  A certified or duly authenticated copy of the former judgment, from any court in which such judgment was had, for any such crimes formerly committed by the party so charged, if in the presentence investigation report, is sufficient prima facie evidence of such former judgment under this section when the defendant had the opportunity to offer rebuttal evidence at the first and second sentencing hearings, but chose not to do so. State v. Arizola, 295 Neb. 477, 890 N.W.2d 770 (2017). The imposition of the sentence, absent the pendency of an appeal, concludes the "proceedings" referred to in this section. State v. Lamb, 280 Neb. 738, 789 N.W.2d 918 (2010). A motion to quash is a procedural prerequisite to facially challenge the constitutionality of this section. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010). For the purposes of determining whether a defendant was participating in criminal proceedings, once a defendant has pleaded guilty and such plea was accepted to one charge, the defendant was obviously participating in that criminal proceeding at the time he pleaded to the second charge when both pleas were accepted at the same time. State v. Albrecht, 18 Neb. App. 402, 790 N.W.2d 1 (2010).
NE Code § 60-6,197.10 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,197.10 - Driving under influence of alcohol or drugs; public education campaign; Department of Motor Vehicles; duties.

60-6,197.10.  Driving under influence of alcohol or drugs; public education campaign; Department of Motor Vehicles; duties.The Department of Motor Vehicles shall conduct an ongoing public education campaign to inform the residents of this state about the dangers and consequences of driving under the influence of alcohol or drugs in this state. Information shall include, but not be limited to, the criminal and administrative penalties for driving under the influence, any related laws, rules, instructions, and any explanatory matter. The department shall use its best efforts to utilize all available opportunities for making public service announcements on television and radio broadcasts for the public education campaign and to obtain and utilize federal funds for highway safety and other grants in conducting the public education campaign. The information may be included in publications containing information related to other motor vehicle laws and shall be given wide distribution by the department.Source Laws 2011, LB667, § 38.
NE Code § 60-6,200 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,200 - Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn.

60-6,200.  Driving under influence of alcoholic liquor or drugs; chemical test; consent of person incapable of refusal not withdrawn.Any person who is unconscious or who is otherwise in a condition rendering him or her incapable of refusal shall be deemed not to have withdrawn the consent provided by section 60-6,197 and the test may be given.Source   Laws 1959, c. 168, § 3, p. 614;   R.R.S.1943, § 39-727.05;   R.S.1943, (1988), § 39-669.10;   Laws 1993, LB 370, § 295.  Annotations  Defendant found incapable of refusing taking of blood sample. Therefore, consent was implied under this statute. State v. Brittain, 212 Neb. 686, 325 N.W.2d 141 (1982). A refusal to submit to a chemical test for alcohol occurs when the licensee after being asked to submit to a test so conducts himself as to justify a reasonable person in the requesting officer's position in believing that the licensee understood that he was asked to submit to a test and manifested an unwillingness to do so. Wohlgemuth v. Pearson, 204 Neb. 687, 285 N.W.2d 102 (1979). To constitute a refusal to submit to a chemical test for alcohol requested under this section the only understanding required by the licensee is an understanding that he has been asked to take a test. Wohlgemuth v. Pearson, 204 Neb. 687, 285 N.W.2d 102 (1979). Where a person is incapable of refusal by reason of injuries the same may be taken provided other conditions of section 39-669.08 (transferred to section 60-6,197) are met. Mackey v. Director of Motor Vehicles, 194 Neb. 707, 235 N.W.2d 394 (1975). Blood may be drawn from an unconscious person only upon compliance with the requirements of statutes complimentary hereto. State v. Howard, 193 Neb. 45, 225 N.W.2d 391 (1975). This section authorizes the taking of test for intoxication even when the defendant is unconscious. State v. Seager, 178 Neb. 51, 131 N.W.2d 676 (1964). Drawing of blood sample by physician who had been directed to act as coroner's physician from body of fatally injured passenger in automobile did not violate prohibition against unreasonable searches and seizures, and result of tests performed by competent chemist using accepted procedures and facilities were admissible. Gardner v. Meyers, 491 F.2d 1184 (8th Cir. 1974).
NE Code § 60-6,202 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,202 - Driving under influence of alcoholic liquor or drugs; blood test; withdrawing requirements; damages; liability; when.

60-6,202.  Driving under influence of alcoholic liquor or drugs; blood test; withdrawing requirements; damages; liability; when.(1) Any physician, registered nurse, other trained person employed by a licensed health care facility or health care service defined in the Health Care Facility Licensure Act, a clinical laboratory certified pursuant to the federal Clinical Laboratories Improvement Act of 1967, as amended, or Title XVIII or XIX of the federal Social Security Act, as amended, to withdraw human blood for scientific or medical purposes, or a hospital shall be an agent of the State of Nebraska when performing the act of withdrawing blood at the request of a peace officer pursuant to sections 60-6,197 and 60-6,211.02. The state shall be liable in damages for any illegal or negligent acts or omissions of such agents in performing the act of withdrawing blood. The agent shall not be individually liable in damages or otherwise for any act done or omitted in performing the act of withdrawing blood at the request of a peace officer pursuant to such sections except for acts of willful, wanton, or gross negligence of the agent or of persons employed by such agent.(2) Any person listed in subsection (1) of this section withdrawing a blood specimen for purposes of section 60-6,197 or 60-6,211.02 shall, upon request, furnish to any law enforcement agency or the person being tested a certificate stating that such specimen was taken in a medically acceptable manner. The certificate shall be signed under oath before a notary public and shall be admissible in any proceeding as evidence of the statements contained in the certificate. The form of the certificate shall be prescribed by the Department of Health and Human Services and such forms shall be made available to the persons listed in subsection (1) of this section.Source   Laws 1959, c. 168, § 5, p. 614;   Laws 1971, LB 948, § 5;   R.S.Supp.,1972, § 39-727.07;   Laws 1974, LB 679, § 1;   Laws 1975, LB 140, § 1;   Laws 1992, LB 291, § 7;   R.S.Supp.,1992, § 39-669.12;   Laws 1993, LB 370, § 297;   Laws 1993, LB 564, § 10;   Laws 1997, LB 210, § 5;  Laws 2000, LB 819, § 77;  Laws 2000, LB 1115, § 8;  Laws 2007, LB296, § 235. Cross References  Health Care Facility Licensure Act, see section 71-401.
NE Code § 60-6,203 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,203 - Driving under influence of alcoholic liquor or drug; violation of city or village ordinance; fee for test; court costs.

60-6,203.  Driving under influence of alcoholic liquor or drug; violation of city or village ordinance; fee for test; court costs.Upon the conviction of any person for violation of section 60-6,196 or 60-6,211.01 or of driving a motor vehicle while under the influence of alcoholic liquor or of any drug in violation of any city or village ordinance, there shall be assessed as part of the court costs the fee charged by any physician or any agency administering tests pursuant to a permit issued in accordance with section 60-6,201, for the test administered and the analysis thereof under the provisions of sections 60-6,197 and 60-6,211.02, if such test was actually made.Source   Laws 1961, c. 188, § 1, p. 579;   Laws 1971, LB 948, § 6;   R.S.Supp.,1972, § 39-727.13;   Laws 1978, LB 673, § 1;   R.S.1943, (1988), § 39-669.13;   Laws 1993, LB 370, § 298;   Laws 1993, LB 564, § 11.
NE Code § 60-6,205 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,205 - Transferred to section 60-498.01.

60-6,205.  Transferred to section 60-498.01.
NE Code § 60-6,206 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,206 - Transferred to section 60-498.02.

60-6,206.  Transferred to section 60-498.02.
NE Code § 60-6,207 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,207 - Transferred to section 60-498.03.

60-6,207.  Transferred to section 60-498.03.
NE Code § 60-6,208 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,208 - Transferred to section 60-498.04.

60-6,208.  Transferred to section 60-498.04.
NE Code § 60-6,210 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,210 - Blood sample; results of chemical test; admissible in criminal prosecution; disclosure required.

60-6,210.  Blood sample; results of chemical test; admissible in criminal prosecution; disclosure required.(1) If the driver of a motor vehicle involved in an accident is transported to a hospital within or outside of Nebraska and a sample of the driver's blood is withdrawn by a physician, registered nurse, qualified technician, or hospital for the purpose of medical treatment, the results of a chemical test of the sample shall be admissible in a criminal prosecution for a violation punishable under subdivision (3)(b) or (c) of section 28-306 or a violation of section 28-305, 60-6,196, or 60-6,198 to show the alcoholic content of or the presence of drugs or both in the blood at the time of the accident regardless of whether (a) a peace officer requested the driver to submit to a test as provided in section 60-6,197 or (b) the driver had refused a chemical test.(2) Any physician, registered nurse, qualified technician, or hospital in this state performing a chemical test to determine the alcoholic content of or the presence of drugs in such blood for the purpose of medical treatment of the driver of a vehicle involved in a motor vehicle accident shall disclose the results of the test (a) to a prosecuting attorney who requests the results for use in a criminal prosecution under subdivision (3)(b) or (c) of section 28-306 or section 28-305, 60-6,196, or 60-6,198 and (b) to any prosecuting attorney in another state who requests the results for use in a criminal prosecution for driving while intoxicated, driving under the influence, or motor vehicle homicide under the laws of the other state if the other state requires a similar disclosure by any hospital or person in such state to any prosecuting attorney in Nebraska who requests the results for use in such a criminal prosecution under the laws of Nebraska.Source   Laws 1992, LB 872, § 3;   R.S.Supp.,1992, § 39-669.20;   Laws 1993, LB 370, § 305;  Laws 2004, LB 208, § 20;  Laws 2006, LB 925, § 15.  Annotations  Admission of evidence of blood test results in a criminal prosecution for manslaughter under section 28-305 is not authorized under this section. State v. Brouillette, 265 Neb. 214, 655 N.W.2d 876 (2003). Unlike subsection (1) of this section, section 60-6,201(1) does not limit the use of chemical test results to prosecution under a specific statute; rather, it authorizes the use of results of the specified chemical test as competent evidence in "any" prosecution "under" a state statute "involving" operation of a motor vehicle while under the influence of alcoholic liquor or "involving" such operation with an excessive level of alcohol. State v. Guzman-Gomez, 13 Neb. App. 235, 690 N.W.2d 804 (2005).
NE Code § 60-6,211 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211 - Lifetime revocation of motor vehicle operator's license; reduction; procedure.

60-6,211.  Lifetime revocation of motor vehicle operator's license; reduction; procedure.Any person who prior to April 19, 1986, has had his or her motor vehicle operator's license revoked for life pursuant to section 60-6,196 or 60-6,197 may submit an application to the court for a reduction of such lifetime revocation. The court in its discretion may reduce such revocation to a period of fifteen years.Source   Laws 1986, LB 153, § 5;   R.S.1943, (1988), § 39-669.38;   Laws 1993, LB 370, § 306. Annotations  The commutation of a motor vehicle operator's license suspension by the judiciary is an improper use of a power reserved for the executive branch, and since the thrust of this section is toward that end, it is unconstitutional. State v. Diaz, 266 Neb. 966, 670 N.W.2d 794 (2003). Where a criminal statute is amended to mitigate punishment, the sentence is that provided by a statute amended before final judgment absent a specific contrary legislative mandate. State v. Thompson, 224 Neb. 922, 402 N.W.2d 271 (1987). In a case pending appeal when section 39-669.07 (transferred to section 60-6,196) was amended, a sentence of lifetime suspension of a driver's license for driving while under the influence should be vacated and in lieu thereof a sentence of suspension for 15 years imposed. State v. Painter, 224 Neb. 905, 402 N.W.2d 677 (1987).
NE Code § 60-6,211.01 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.01 - Person under twenty-one years of age; prohibited acts.

60-6,211.01.  Person under twenty-one years of age; prohibited acts.It shall be unlawful for any person under twenty-one years of age to operate or be in the actual physical control of any motor vehicle:(1) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood but less than the concentration prescribed under subdivision (1)(b) of section 60-6,196; or(2) When such person has a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath but less than the concentration prescribed under subdivision (1)(c) of section 60-6,196.Source   Laws 1993, LB 564, § 2;   Laws 1998, LB 309, § 19.
NE Code § 60-6,211.02 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.02 - Implied consent to submit to chemical test; when test administered; refusal; penalty.

60-6,211.02.  Implied consent to submit to chemical test; when test administered; refusal; penalty.(1) Any person who operates or has in his or her actual physical control a motor vehicle in this state shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath.(2) Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person under twenty-one years of age to submit to a chemical test or tests of his or her blood or breath for the purpose of determining the concentration of alcohol in such blood or breath when the officer has probable cause to believe that such person was driving or was in the actual physical control of a motor vehicle in this state in violation of section 60-6,211.01. Such peace officer may require such person to submit to a preliminary breath test. Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol concentration in violation of section 60-6,211.01 shall be placed under arrest.(3) Any person arrested as provided in this section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood or breath for a determination of the concentration of alcohol. If the chemical test discloses the presence of a concentration of alcohol in violation of section 60-6,211.01, the person shall be found guilty of a traffic infraction as defined in section 60-672 and upon conviction shall have his or her operator's license impounded by the court for thirty days for each violation of section 60-6,211.01. Any person who refuses to submit to such test or tests required pursuant to this section shall not have the tests taken but shall be found guilty of a traffic infraction as defined in section 60-672 and upon conviction shall have his or her operator's license impounded by the court for ninety days for refusal to submit to such tests required pursuant to this section.Source   Laws 1993, LB 564, § 3;   Laws 1998, LB 309, § 20.
NE Code § 60-6,211.03 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.03 - Impounded operator's license; operation relating to employment authorized.

60-6,211.03.  Impounded operator's license; operation relating to employment authorized.Any person whose operator's license is impounded pursuant to section 60-6,211.02 may be allowed by the court to operate a motor vehicle in order to drive to and from his or her place of employment.Source   Laws 1993, LB 564, § 4;   Laws 1998, LB 309, § 21.
NE Code § 60-6,211.04 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.04 - Applicability of other laws.

60-6,211.04.  Applicability of other laws.Sections 60-6,211.01 to 60-6,211.03 shall not operate to prevent any person, regardless of age, from being prosecuted or having any action taken for a violation of section 60-6,196 or 60-6,197 or having his or her operator's license revoked pursuant to sections 60-498.01 to 60-498.04 for a violation of section 60-6,196 or 60-6,197 or from being prosecuted or having any action taken under any other provision of law. If such person is believed to be under the influence of alcoholic liquor pursuant to section 60-6,196 or 60-6,197, sections 60-6,211.01 to 60-6,211.03 shall not operate to prevent prosecution of such person for a violation of section 60-6,196 or 60-6,197 even if sections 60-6,211.01 to 60-6,211.03 apply.Source   Laws 1993, LB 564, § 5;  Laws 2003, LB 209, § 14;  Laws 2004, LB 208, § 21.
NE Code § 60-6,211.06 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.06 - Implied consent to submit to chemical test violation; court and department records; expungement; when authorized.

60-6,211.06.  Implied consent to submit to chemical test violation; court and department records; expungement; when authorized.(1) An abstract of the court record of every person whose license has been impounded pursuant to section 60-6,211.02 shall be transmitted to the Department of Motor Vehicles. This violation shall become part of the person's record maintained by the department for a period of not longer than ninety days. After ninety days, the department shall expunge the violation from the person's record.(2) Any person whose license has been impounded pursuant to section 60-6,211.02 and who refused to submit to a chemical test or tests required pursuant to such section shall have the violation become part of the person's record maintained by the department for a period of not longer than one hundred twenty days. After one hundred twenty days, the department shall expunge the violation from the person's record.Source  Laws 1998, LB 309, § 22.
NE Code § 60-6,211.07 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.07 - Implied consent to submit to chemical test violation; impounded license; return; prohibited act; effect.

60-6,211.07.  Implied consent to submit to chemical test violation; impounded license; return; prohibited act; effect.(1) At the end of the impoundment period under section 60-6,211.02, the operator's license shall be returned by the court to the licensee.(2) Any person who unlawfully operates a motor vehicle during the period of impoundment shall be subject to section 60-4,108.Source   Laws 1998, LB 309, § 23;  Laws 2001, LB 38, § 56.
NE Code § 60-6,211.09 (2021)
2021 Nebraska Revised Statutes|Chapter 60 - Motor Vehicles|60-6,211.09 - Continuous alcohol monitoring devices; Office of Probation Administration; duties.

60-6,211.09.  Continuous alcohol monitoring devices; Office of Probation Administration; duties.The Office of Probation Administration shall adopt and promulgate rules and regulations to approve the use of continuous alcohol monitoring devices by individuals sentenced to probation for violating section 60-6,196 or 60-6,197.Source Laws 2006, LB 925, § 17.