Driving on a Suspended License in Nebraska
In Nebraska, your license may be suspended or revoked for a number of reasons. It may be mandatory under the law, a judge may have the power to order it, or the state may administratively suspend or revoke your license. Regardless of the reason, you should not drive if your license was suspended or revoked. You may be charged with a crime if you are caught driving when you do not have a valid license.
Reasons for Suspension or Revocation
Suspension or revocation may be mandatory or discretionary. For example, a judge has the ability to suspend your license if you are convicted of certain motor vehicle violations. (Neb. Rev. Stat. § 60-496.) In other situations, revocation of your license may be mandatory. Examples include convictions for:
- manslaughter resulting from driving
- a felony, if a vehicle was used
- failure to stop if you are involved in an accident in which another person was injured or killed
- three charges of reckless driving within 12 months. (Neb. Rev. Stat. § 60-498.)
Your license may also be revoked for alcohol offenses, including driving under the influence and refusal to submit to a chemical test to determine your blood alcohol content. (Neb. Rev. Stat. § 60-498.01.)
Your license may be administratively revoked by the state if you
- are the driver in an accident in which someone was injured or killed or which involved serious property damage
- are a habitually reckless or negligent driver
- habitually violate traffic laws
- are incompetent to drive a motor vehicle, or
- committed fraud when you applied for a license. (Neb. Rev. Stat. § 60-499.)
Your license may be suspended if you fail to comply with the terms of a traffic citation. (Neb. Rev. Stat. § 60-4-100.) Your license may be suspended or revoked for additional reasons.
Reinstating Your License
The duration of your suspension or revocation may depend on the offense and other factors. After your period of suspension or revocation expires, you may need to pay a reinstatement fee, pay other fees, or complete other conditions before you have a valid driver’s license again.
If your license was suspended, the reinstatement fee may be $50. (Neb. Rev. Stat. § 60-4,100.01.)
If your license was revoked, the reinstatement fee may be $125. (Neb. Rev. Stat. § 60-499.01.)
Criminal Charges for Driving on a Suspended or Revoked License
You should not drive while your license is suspended or revoked. If you do, you may be charged with a Class II or Class III misdemeanor.
You may be charged with a Class II misdemeanor for certain driving after revocation offenses. (Neb. Rev. Stat. § 60-4,108(1).) The maximum penalty for a Class II misdemeanor is a $1,000 fine and six months in jail. (Neb. Rev. Stat. § 28-106(1).)
If you are convicted of a Class II misdemeanor for driving after revocation, the penalty may involve revocation for another year, if the conviction is your first. (Neb. Rev. Stat. § 60-4,108(1)(a).) For a second or subsequent driving after revocation charge, your license may be revoked for an additional two years. (Neb. Rev. Stat. § 60-4,108(1)(b).)
You may be charged with a less serious Class III misdemeanor in some situations, including if you drive on a suspended license and if you drive after your period of revocation ends but before you reinstate your license. (Neb. Rev. Stat. § 60-4,108(2).)
The maximum penalty for a Class III misdemeanor may involve a $500 fine and three months in jail. (Neb. Rev. Stat. § 28-106(1).)
A court may order you not to drive for a certain period of time, such as one year. § 60-4,108(2). Under certain circumstances, you may receive a maximum fine of $100. (Neb. Rev. Stat. § 28-106(1).)
If your license was suspended or revoked due to certain offenses, including alcohol offenses, your vehicle may be impounded. (Neb. Rev. Stat. § 60-4,110(1).)
Legal Help for Charges of Driving After Suspension or Revocation
You may face severe consequences if you are convicted of driving during suspension or revocation of your license. In addition to the possibility of fines, jail time, and further suspensions or revocations, you may find it difficult to stay employed, to get to school, to obtain and retain insurance, and to generally live your life. While the law provides maximum penalties for this crime, in reality your sentence will be determined by the view your local prosecutors and judges take of driving after suspension or revocation. An attorney who is familiar with these charges in you area will best be able to advise you about your case.