reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,211.11 - Ignition interlock device; 24/7 sobriety program permit; prohibited acts; violations; penalties.

60-6,211.11.
Ignition interlock device; 24/7 sobriety program permit; prohibited acts; violations; penalties.
(1) Except as provided in subsection (2) of this section, any person ordered by a court or the Department of Motor Vehicles to operate only motor vehicles equipped with an ignition interlock device is guilty of a Class I misdemeanor if he or she (a) tampers with or circumvents and then operates a motor vehicle equipped with an ignition interlock device installed under the court order or Department of Motor Vehicles order while the order is in effect or (b) operates a motor vehicle which is not equipped with an ignition interlock device in violation of the court order or Department of Motor Vehicles order.
(2) Any person ordered by a court or the Department of Motor Vehicles to operate only motor vehicles equipped with an ignition interlock device is guilty of a Class IV felony if he or she (a)(i) tampers with or circumvents and then operates a motor vehicle equipped with an ignition interlock device installed under the court order or Department of Motor Vehicles order while the order is in effect or (ii) operates a motor vehicle which is not equipped with an ignition interlock device in violation of the court order or Department of Motor Vehicles order and (b) operates the motor vehicle as described in subdivision (a)(i) or (ii) of this subsection when he or she has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood or a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath.
(3) Any person who otherwise operates a motor vehicle equipped with an ignition interlock device in violation of the requirements of the court order or Department of Motor Vehicles order under which the device was installed shall be guilty of a Class III misdemeanor.
(4) Any person who has applied for and received a 24/7 sobriety program permit and operates a motor vehicle when the person has a concentration of two-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's blood or a concentration of two-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath, or who refuses a chemical test, shall be guilty of a Class III misdemeanor.
Source
Laws 2011, LB667, § 41;
Laws 2014, LB998, § 13;
Laws 2021, LB271, § 13.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,212 - Careless driving, defined.

60-6,212.
Careless driving, defined.
Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.
Source
Laws 1979, LB 575, § 1;
R.S.1943, (1988), § 39-669;
Laws 1993, LB 370, § 308.
Cross References
Applicability of statute to private property, see section 60-6,108.
Operator's license, assessment of points and revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq.
Annotations
Careless driving is a lesser-included offense of reckless driving. State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997).
The failure of this section to limit the proscription as to careless driving to the public roads is not an impermissible, unconstitutional overbreadth. The statutory language, carelessly or without due caution, is not unconstitutionally vague. State v. Merithew, 220 Neb. 530, 371 N.W.2d 110 (1985).
This section, which provides that any person who operates a motor vehicle in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of careless driving, is vague and indefinite, and is thus unconstitutional. State v. Huffman, 202 Neb. 434, 275 N.W.2d 838 (1979). This case applies to section 39-669 as it existed prior to being repealed by Laws 1979, LB 575, section 3.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,213 - Reckless driving, defined.

60-6,213.
Reckless driving, defined.
Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be guilty of reckless driving.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(1), p. 410;
R.R.S.1943, § 39-7,107;
R.S.1943, (1988), § 39-669.01;
Laws 1993, LB 370, § 309.
Cross References
Applicability of statute to private property, see section 60-6,108.
Motor vehicle homicide, penalty, see section 28-306.
Operator's license, assessment of points and revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq.
Annotations
Speed alone does not support a conviction for reckless driving, but it does have a bearing on whether one was driving dangerously under the surroundings and attendant circumstances of the particular case. State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997).
Prosecution for traffic infraction is a criminal action. State v. Knoles, 199 Neb. 211, 256 N.W.2d 873 (1977).
Improper turn by defendant while overtaking complainant's auto, held to be reckless driving. State v. Kufeldt, 197 Neb. 377, 248 N.W.2d 781 (1977).
History of statute reviewed in considering municipal ordinance. State v. Green, 182 Neb. 615, 156 N.W.2d 724 (1968).
Upon conviction, suspension of driver's license is authorized. Kroger v. State, 158 Neb. 73, 62 N.W.2d 312 (1954).
Reckless driving occurs when any person drives a motor vehicle in such a manner as to indicate an indifferent or wanton disregard of the safety of persons or property. State v. Malone, 26 Neb. App. 121, 917 N.W.2d 164 (2018).
Recklessness, for purposes of this section, has been defined as the disregard for or indifference to the safety of another or for the consequences of one's act. State v. Malone, 26 Neb. App. 121, 917 N.W.2d 164 (2018).
One cannot commit the greater offense of willful reckless driving without simultaneously committing the lesser offense of reckless driving; the only distinction between these offenses is intent. State v. Scherbarth, 24 Neb. App. 897, 900 N.W.2d 213 (2017).
Under certain circumstances, careless driving under section 60-6,212 should be instructed as a lesser-included offense of reckless driving. State v. Howard, 5 Neb. App. 596, 560 N.W.2d 516 (1997).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,214 - Willful reckless driving, defined.

60-6,214.
Willful reckless driving, defined.
Any person who drives any motor vehicle in such a manner as to indicate a willful disregard for the safety of persons or property shall be guilty of willful reckless driving.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(3), p. 410;
R.R.S.1943, § 39-7,107.02;
R.S.1943, (1988), § 39-669.03;
Laws 1993, LB 370, § 310.
Cross References
Applicability of statute to private property, see section 60-6,108.
Motor vehicle homicide, penalty, see section 28-306.
Operator's license, assessment of points and revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq.
Annotations
Willful reckless driving is characterized by a deliberate disregard for the safety of others or their property. For there to be willful reckless driving it is not necessary that there be property damage or injury inflicted. Here, intentional or deliberate disregard for the safety or property of others was lacking, since there was no evidence of the presence of any persons or property subjected to danger in the area, and the defendant was only driving 36 m.p.h. in a 25-m.p.h. zone. State v. Douglas, 239 Neb. 891, 479 N.W.2d 457 (1992).
History of statute reviewed in considering municipal ordinance. State v. Green, 182 Neb. 615, 156 N.W.2d 724 (1968).
The conscious and intentional driving which the driver knows, or should know, creates an unreasonable risk of harm is sufficient to sustain a conviction. State v. DiLorenzo, 181 Neb. 59, 146 N.W.2d 791 (1966).
One cannot commit the greater offense of willful reckless driving without simultaneously committing the lesser offense of reckless driving; the only distinction between these offenses is intent. State v. Scherbarth, 24 Neb. App. 897, 900 N.W.2d 213 (2017).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,215 - Reckless driving; first offense; penalty.

60-6,215.
Reckless driving; first offense; penalty.
Every person convicted of reckless driving shall, upon a first conviction, be guilty of a Class III misdemeanor.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(2), p. 410;
Laws 1955, c. 154, § 1, p. 455;
R.R.S.1943, § 39-7,107.01;
R.S.1943, (1988), § 39-669.02;
Laws 1993, LB 370, § 311;
Laws 1993, LB 575, § 11.
Cross References
Applicability of statute to private property, see section 60-6,108.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,216 - Willful reckless driving; first offense; penalty.

60-6,216.
Willful reckless driving; first offense; penalty.
Every person convicted of willful reckless driving shall, upon a first conviction, be guilty of a Class III misdemeanor, and the court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of not less than thirty days nor more than one year from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(4), p. 410;
Laws 1953, c. 214, § 3, p. 757;
R.R.S.1943, § 39-7,107.03;
R.S.1943, (1988), § 39-669.04;
Laws 1993, LB 370, § 312;
Laws 1993, LB 575, § 12;
Laws 2001, LB 38, § 57.
Cross References
Applicability of statute to private property, see section 60-6,108.
Annotations
Evidence that a motorist ran at least one stop sign, exceeded the speed limit, and crossed over the road median during a chase by a police officer, was sufficient to sustain his conviction for willful reckless driving even though no property damage was done to other cars and no injuries were sustained. Goodloe v. Parratt, 453 F.Supp. 1380 (D. Neb. 1978).
The imposition of concurrent terms of ten years imposed upon a defendant who was convicted of willful reckless driving and operating a motor vehicle to avoid arrest, and who had been adjudged to be an habitual criminal, does not constitute cruel and unusual punishment. Goodloe v. Parratt, 453 F.Supp. 1380 (D. Neb. 1978).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,217 - Reckless driving or willful reckless driving; second offense; penalty.

60-6,217.
Reckless driving or willful reckless driving; second offense; penalty.
Upon a second conviction of any person for either reckless driving or willful reckless driving, the person shall be guilty of a Class II misdemeanor, and the court shall order the person so convicted, as part of the judgment of conviction, not to drive a motor vehicle for any purpose for a period of not less than sixty days nor more than two years from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
If the motor vehicle which such person was operating in such reckless or willful reckless manner is registered in the name of such person, the motor vehicle shall be impounded in a reputable garage by the court for a period of not less than two months nor more than one year at the expense and risk of the owner thereof, except that any motor vehicle so impounded shall be released to the holder of a bona fide lien thereon, executed prior to such impounding, when possession of such motor vehicle is requested in writing by such lienholder for the purpose of foreclosing and satisfying the lien.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(5), p. 410;
Laws 1953, c. 214, § 4, p. 758;
R.R.S.1943, § 39-7,107.04;
R.S.1943, (1988), § 39-669.05;
Laws 1993, LB 370, § 313;
Laws 1993, LB 575, § 13;
Laws 2001, LB 38, § 58.
Cross References
Applicability of statute to private property, see section 60-6,108.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,218 - Reckless driving or willful reckless driving; third and subsequent offenses; penalty.

60-6,218.
Reckless driving or willful reckless driving; third and subsequent offenses; penalty.
Upon a third or subsequent conviction of any person for either reckless driving or willful reckless driving, the person shall be guilty of a Class I misdemeanor. The court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of one year from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
Source
Laws 1935, c. 134, § 3, p. 485;
C.S.Supp.,1941, § 39-11,100;
Laws 1943, c. 99, § 1, p. 339;
R.S.1943, § 39-7,107;
Laws 1947, c. 148, § 3(6), p. 411;
Laws 1953, c. 214, § 5, p. 758;
Laws 1957, c. 366, § 21, p. 1258;
R.R.S.1943, § 39-7,107.05;
Laws 1991, LB 420, § 1;
R.S.Supp.,1992, § 39-669.06;
Laws 1993, LB 370, § 314;
Laws 1993, LB 31, § 16;
Laws 1993, LB 575, § 14;
Laws 2001, LB 38, § 59.
Cross References
Applicability of statute to private property, see section 60-6,108.
Annotations
Defendant found guilty of third offense willful reckless driving, avoiding arrest, and habitual criminal charge received two concurrent ten-year sentences. State v. Goodloe, 197 Neb. 632, 250 N.W.2d 606 (1977).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,220 - Lights; vehicle being driven; vehicle parked on freeway.

60-6,220.
Lights; vehicle being driven; vehicle parked on freeway.
Whenever a motor vehicle is parked or stopped upon a roadway or shoulder adjacent thereto, whether attended or unattended, during the times mentioned in section 60-6,219, such vehicle shall be equipped with one or more lights which shall exhibit a light in such color as designated by the Department of Motor Vehicles on the roadway side visible from a distance of five hundred feet to the front of such vehicle and a red light visible from a distance of five hundred feet to the rear, except that a local authority may provide by ordinance that no lights need be displayed upon any such vehicle when stopped or parked in accordance with local parking regulations upon a highway where there is sufficient light to reveal any person or obstruction within a distance of five hundred feet upon such highway.
Any lighted headlights upon a parked vehicle shall be depressed or dimmed and turnsignals shall not be flashed on one side only. On a freeway, the operator of any parked vehicle shall also turn on its interior lights if operable and vehicles equipped with an emergency switch for flashing all directional turnsignals simultaneously shall exhibit such turnsignals.
Source
Laws 1935, c. 134, § 9, p. 489;
C.S.Supp.,1941, § 39-11,105;
R.S.1943, § 39-7,112;
Laws 1961, c. 184, § 32, p. 564;
Laws 1961, c. 192, § 2, p. 590;
R.R.S.1943, § 39-7,112;
R.S.1943, (1988), § 39-670.01;
Laws 1993, LB 370, § 316.
Annotations
Evidence of violation of this section is evidence of negligence or contributory negligence. Horst v. Johnson, 237 Neb. 155, 465 N.W.2d 461 (1991).
Instruction on requirements of this section covered parking and lights. Segebart v. Gregory, 160 Neb. 64, 69 N.W.2d 315 (1955).
Prohibition against parking without lights did not apply to motor vehicle temporarily disabled. Haight v. Nelson, 157 Neb. 341, 59 N.W.2d 576 (1953).
It is unlawful to park automobile on highway at night without appropriate lights. Segebart v. Gregory, 156 Neb. 261, 55 N.W.2d 678 (1952).
Violation of this section is not negligence per se but evidence of negligence. Anderson v. Robbins Incubator Co., 143 Neb. 40, 8 N.W.2d 446 (1943).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,222 - Violations; penalty.

60-6,222.
Violations; penalty.
Any person who violates any provision of section 60-6,219 or 60-6,221 shall be guilty of a Class III misdemeanor. In the event of such conviction, as a part of the judgment of conviction, the trial judge shall direct the person to produce in court or submit to the prosecuting attorney, before such person again operates the motor vehicle upon a highway, satisfactory proof showing that the light equipment involved in such person's conviction has been made to conform with the requirements of such sections. The failure, refusal, or neglect of such convicted person to abide by such direction in the judgment of conviction shall be deemed an additional offense for which such person shall be prosecuted.
Source
Laws 1939, c. 78, § 9, p. 322;
C.S.Supp.,1941, § 39-11,120;
R.S.1943, § 39-7,126;
Laws 1977, LB 41, § 13;
R.S.1943, (1988), § 39-669.21;
Laws 1993, LB 370, § 318.
Annotations
Auxiliary driving lights are defined by section 60-6,225(2), and under that subsection, if they do not meet the criteria for headlights set forth in section 60-6,221, it is a Class III misdemeanor under this section. State v. Carnicle, 18 Neb. App. 761, 792 N.W.2d 893 (2010).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,223 - Acetylene headlights; number; construction; requirements.

60-6,223.
Acetylene headlights; number; construction; requirements.
Motor vehicles may be equipped with two acetylene headlights of approximately equal candlepower when equipped with clear, plain glass fronts, bright six-inch spherical mirrors, and standard acetylene five-eighths-foot burners, no more and no less.
Source
Laws 1931, c. 110, § 46, p. 320;
C.S.Supp.,1941, § 39-1177;
R.S.1943, § 39-781;
R.S.1943, (1988), § 39-6,142;
Laws 1993, LB 370, § 319.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,224 - Headlights; glare; duty of operator; penalty.

60-6,224.
Headlights; glare; duty of operator; penalty.
Notwithstanding any other provision of the Nebraska Rules of the Road:
(1) Whenever any person operating a motor vehicle on any highway in this state meets another person operating a motor vehicle, proceeding in the opposite direction and equipped with headlights constructed and adjusted to project glaring or dazzling light to persons in front of such headlights, upon signal of either person, the other shall dim the headlights of his or her motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom downward so as not to blind or confuse the vision of the operator in front of such headlights; and
(2) Whenever any person operating a motor vehicle on any highway in this state follows another vehicle within two hundred feet to the rear, he or she shall dim the headlights of his or her motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom downward.
Any person who violates any provision of this section shall be guilty of a Class V misdemeanor.
Source
Laws 1931, c. 106, § 1, p. 279;
C.S.Supp.,1941, § 39-1121;
R.S.1943, § 39-733;
Laws 1963, c. 231, § 1, p. 720;
R.R.S.1943, § 39-733;
Laws 1974, LB 593, § 6;
Laws 1977, LB 41, § 10;
R.S.1943, (1988), § 39-628.01;
Laws 1993, LB 370, § 320.
Annotations
The specific duty of a driver to dim a vehicle's lights in response to a signal from an oncoming driver is set forth in this section. State v. Carnicle, 18 Neb. App. 761, 792 N.W.2d 893 (2010).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,226 - Brake and turnsignal light requirements; exceptions; signaling requirements.

60-6,226.
Brake and turnsignal light requirements; exceptions; signaling requirements.
(1) Any motor vehicle having four or more wheels which is manufactured or assembled, whether from a kit or otherwise, after January 1, 1954, designed or used for the purpose of carrying passengers or freight, any autocycle, or any trailer, in use on a highway, shall be equipped with brake and turnsignal lights in good working order.
(2) Motorcycles other than autocycles, motor-driven cycles, motor scooters, bicycles, electric personal assistive mobility devices, vehicles used solely for agricultural purposes, vehicles not designed and intended primarily for use on a highway, and, during daylight hours, fertilizer trailers as defined in section 60-326 and implements of husbandry designed primarily or exclusively for use in agricultural operations shall not be required to have or maintain in working order signal lights required by this section, but they may be so equipped. The operator thereof shall comply with the requirements for utilizing hand and arm signals or for utilizing such signal lights if the vehicle is so equipped.
Source
Laws 1993, LB 370, § 322;
Laws 1995, LB 59, § 4;
Laws 2002, LB 1105, § 458;
Laws 2003, LB 238, § 6;
Laws 2005, LB 274, § 243;
Laws 2015, LB231, § 32;
Laws 2018, LB909, § 99.
Cross References
Hand and arm signals, see sections 60-6,162 and 60-6,163.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,228 - Vehicle proceeding in forward motion; backup lights on; prohibited; violation; penalty.

60-6,228.
Vehicle proceeding in forward motion; backup lights on; prohibited; violation; penalty.
No vehicle shall be operated while proceeding in a forward motion with the backup lights on when the vehicle is being operated on the highways. Any person who violates this section shall be guilty of a Class III misdemeanor.
Source
Laws 1969, c. 327, § 8, p. 1172;
R.S.Supp.,1972, § 39-788.07;
R.S.1943, (1988), § 39-6,154;
Laws 1993, LB 370, § 324.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,229 - Lights, red or green, in front of vehicle prohibited; exceptions.

60-6,229.
Lights, red or green, in front of vehicle prohibited; exceptions.
Except as provided in sections 60-6,230 to 60-6,233, it shall be unlawful for any person to drive or move any vehicle upon a highway with any red or green light thereon visible from directly in front thereof. This section shall not apply to police or fire department or fire patrol vehicles or school buses.
Source
Laws 1931, c. 110, § 49, p. 323;
C.S.Supp.,1941, § 39-1180;
R.S.1943, § 39-788;
Laws 1969, c. 327, § 1, p. 1170;
R.S.Supp.,1972, § 39-788;
R.S.1943, (1988), § 39-6,147;
Laws 1993, LB 370, § 325.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,230 - Lights; rotating or flashing; colored lights; when permitted.

60-6,230.
Lights; rotating or flashing; colored lights; when permitted.
(1) Except as provided in this section and sections 60-6,231 to 60-6,233, no person shall operate any motor vehicle or any equipment of any description on any highway in this state with any rotating or flashing light.
(2) Except for stop lights and directional signals, which may be red, yellow, or amber, no person shall display any color of light other than red on the rear of any motor vehicle or any equipment of any kind on any highway within this state.
(3) Amber rotating or flashing lights shall be displayed on vehicles of the Military Department for purpose of convoy control when on any state emergency mission.
(4) A single flashing white light may be displayed on the roof of school transportation vehicles during extremely adverse weather conditions.
(5) Blue and amber rotating or flashing lights may be displayed on (a) vehicles when operated by the Department of Transportation or any local authority for the inspection, construction, repair, or maintenance of highways, roads, or streets or (b) vehicles owned and operated by any public utility for the construction, maintenance, and repair of utility infrastructure on or near any highway.
Source
Laws 1969, c. 327, § 2, p. 1170;
R.S.Supp.,1972, § 39-788.01;
Laws 1979, LB 127, § 1;
R.S.1943, (1988), § 39-6,148;
Laws 1993, LB 370, § 326;
Laws 1995, LB 59, § 6;
Laws 2008, LB196, § 3;
Laws 2015, LB181, § 1;
Laws 2016, LB977, § 24;
Laws 2017, LB339, § 217.
Annotations
The use of hazard lights while driving is proscribed by the plain language of subsection (1) of this section. State v. Warriner, 267 Neb. 424, 675 N.W.2d 112 (2004).
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,231 - Flashing or rotating lights; authorized emergency vehicles; colors permitted.

60-6,231.
Flashing or rotating lights; authorized emergency vehicles; colors permitted.
A flashing or rotating red light or red and white light shall be displayed on any authorized emergency vehicle whenever operated in this state. A blue light may also be displayed with such flashing or rotating red light or red and white light. For purposes of this section, an authorized emergency vehicle shall include funeral escort vehicles.
Source
Laws 1969, c. 327, § 3, p. 1171;
R.S.Supp.,1972, § 39-788.02;
Laws 1989, LB 416, § 1;
R.S.Supp.,1992, § 39-6,149;
Laws 1993, LB 370, § 327;
Laws 2008, LB196, § 4.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,232 - Rotating or flashing amber light; when permitted.

60-6,232.
Rotating or flashing amber light; when permitted.
A rotating or flashing amber light or lights shall be displayed on the roof of any motor vehicle being operated by any rural mail carrier outside the corporate limits of any municipality in this state on or near any highway in the process of delivering mail.
A rotating or flashing amber light or lights may be displayed on (1) any vehicle of the Military Department while on any state emergency mission, (2) any motor vehicle being operated by any public utility, vehicle service, or towing service or any publicly or privately owned construction or maintenance vehicle while performing its duties on or near any highway, (3) any motor vehicle being operated by any member of the Civil Air Patrol, (4) any pilot vehicle escorting an overdimensional load, (5) any vehicle while actually engaged in the moving of houses, buildings, or other objects of extraordinary bulk, including unbaled livestock forage as authorized by subdivision (2)(f) of section 60-6,288, (6) any motor vehicle owned by or operated on behalf of a railroad carrier that is stopped to load or unload passengers, or (7) any motor vehicle operated by or for an emergency management worker as defined in section 81-829.39 or a storm spotter as defined in section 81-829.67 who is activated by a local emergency management organization.
Source
Laws 1969, c. 327, § 4, p. 1171;
Laws 1971, LB 365, § 1;
R.S.Supp.,1972, § 39-788.03;
Laws 1977, LB 427, § 1;
R.S.1943, (1988), § 39-6,150;
Laws 1993, LB 370, § 328;
Laws 1995, LB 59, § 7;
Laws 2000, LB 1361, § 4;
Laws 2005, LB 471, § 1;
Laws 2011, LB573, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,233 - Rotating or flashing red light or red and blue lights; when permitted; application; permit; expiration.

60-6,233.
Rotating or flashing red light or red and blue lights; when permitted; application; permit; expiration.
(1)(a) A rotating or flashing red light or lights or such light or lights in combination with a blue light or lights may be displayed on any motor vehicle operated by any volunteer firefighter, peace officer, or physician medical director anywhere in this state while actually en route to the scene of a fire or other emergency requiring his or her services as a volunteer firefighter, peace officer, or physician medical director, but only after its use has been authorized in writing by the county sheriff and, with respect to a physician medical director, such person has successfully completed an emergency vehicle operator course.
(b) Application for a permit to display such light shall be made in writing to the sheriff on forms to be prescribed and furnished by the Superintendent of Law Enforcement and Public Safety. The application shall be accompanied by a statement that the applicant is a volunteer firefighter, peace officer, or physician medical director and is requesting issuance of the permit. The statement shall be signed by the applicant's superior.
(c) The permit shall be carried at all times in the vehicle named in the permit. Each such permit shall expire on December 31 of each year and shall be renewed in the same manner as it was originally issued.
(d) The sheriff may at any time revoke such permit upon a showing of abuse thereof or upon receipt of notice from the applicant's superior that the holder thereof is no longer an active volunteer firefighter, peace officer, or physician medical director. Any person whose permit has been so revoked shall upon demand surrender it to the sheriff or his or her authorized agent.
(2) A rotating or flashing red light or lights or such light or lights in combination with a blue light or lights may be displayed on any motor vehicle being used by rescue squads actually en route to, at, or returning from any emergency requiring their services, or by any privately owned wrecker when engaged in emergency services at the scene of an accident, or at a disabled vehicle, located outside the city limits of a city of the metropolitan or primary class, but only after its use has been authorized in writing by the county sheriff. Applications shall be made and may be revoked in the same manner as for volunteer firefighters as provided in subsection (1) of this section.
(3) For purposes of this section, physician medical director has the same meaning as in section 38-1210.
Source
Laws 1969, c. 327, § 5, p. 1171;
Laws 1971, LB 365, § 2;
R.S.Supp.,1972, § 39-788.04;
Laws 1981, LB 64, § 2;
Laws 1989, LB 416, § 2;
R.S.Supp.,1992, § 39-6,151;
Laws 1993, LB 370, § 329;
Laws 2019, LB8, § 1.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,234 - Rotating or flashing lights; violation; penalty.

60-6,234.
Rotating or flashing lights; violation; penalty.
Any person who violates any provision of sections 60-6,230 to 60-6,233 shall be guilty of a Class III misdemeanor and shall also be ordered to remove from any vehicle or equipment any light found to be in violation of such sections.
Source
Laws 1969, c. 327, § 6, p. 1172;
R.S.Supp.,1972, § 39-788.05;
Laws 1977, LB 41, § 23;
R.S.1943, (1988), § 39-6,152;
Laws 1993, LB 370, § 330.
2023 Nebraska Revised Statutes › Chapter 60 - Motor Vehicles › 60-6,236 - Vehicles required to have clearance lights; flares; reflectors; when required as equipment.

60-6,236.
Vehicles required to have clearance lights; flares; reflectors; when required as equipment.
Any vehicle required by section 60-6,235 to have clearance lights, while operating on the highways during the period from sunset to sunrise, shall at all times be equipped with at least three portable flares, or red emergency reflectors referred to in section 60-6,237, which may be plainly visible for a distance of five hundred feet.
Source
Laws 1935, c. 129, § 1, p. 460;
C.S.Supp.,1941, § 39-11,112;
R.S.1943, § 39-7,118;
Laws 1949, c. 121, § 1(1), p. 318;
Laws 1961, c. 193, § 1, p. 591;
R.R.S.1943, § 39-7,118;
R.S.1943, (1988), § 39-6,162;
Laws 1993, LB 370, § 332;
Laws 1993, LB 575, § 33.
Annotations
Where truck was left on highway after dark without flares, there was evidence of negligence. Plumb v. Burnham, 151 Neb. 129, 36 N.W.2d 612 (1949).
Violation of this section may constitute manslaughter. Vaca v. State, 150 Neb. 516, 34 N.W.2d 873 (1948).
Passenger car, with trailer attached, does not come within class of vehicles required to be equipped with flares. Anderson v. Robbins Incubator Co., 143 Neb. 40, 8 N.W.2d 446 (1943).
Charges of negligence of bus company in blocking highway should have been submitted to jury, together with question of whether under such circumstances agent was negligent in the manner of giving signals. McClelland v. Interstate Transit Lines, 142 Neb. 439, 6 N.W.2d 384 (1942).
Evidence of failure to set up flares, together with other acts of negligence, was sufficient to make case for jury. Grantham v. Watson Bros. Transp. Co., 142 Neb. 362, 6 N.W.2d 372 (1942).