28-693

28-693. Reckless driving; classification;
license; surrender

A. A person who drives a vehicle in reckless disregard for the safety of persons or
property is guilty of reckless driving.

B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.

C. In addition, the judge may require the surrender to a police officer of any
driver license of the convicted person, shall report the conviction to the department and
may order the driving privileges of the person to be suspended for a period of not more
than ninety days. On receipt of the abstract of conviction and order, the department
shall suspend the driving privilege of the person for the period of time ordered by the
judge.

D. If a person who is convicted of a violation of this section has been previously
convicted of a violation of this section, section 13-1102 or section 13-1103, subsection
A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or
28-1383 within a period of twenty-four months:

1. The person is guilty of a class 1 misdemeanor.

2. The person is not eligible for probation, pardon, suspension of sentence or
release on any basis until the person has served not less than twenty days in jail.

3. The judge may require the surrender to a police officer of any driver license of
the person and shall immediately forward the abstract of conviction to the department.

4. On receipt of the abstract of conviction, the department shall revoke the
driving privilege of the person.

E. In applying the twenty-four month period provision of subsection D of this
section, the dates of the commission of the offense shall be the determining factor,
irrespective of the sequence in which the offenses were committed. A second or subsequent
violation for which a conviction occurs as provided in this section does not include a
conviction for an offense arising out of the same series of acts.

F. On pronouncement of a jail sentence under this section, and after the court
receives confirmation that the person is employed or is a student, the court may provide
in the sentence that if the defendant is employed or is a student the defendant can
continue employment or schooling for not more than twelve hours per day nor more than
five days per week. The defendant shall spend the remaining days or parts of days in jail
until the sentence is served and shall be allowed out of jail only long enough to
complete the defendant's actual hours of employment or schooling.