28-3473. Driving violations; classification

(L99, Ch. 11, sec. 20. Eff. until 1/1/11)

A. Except as provided in subsection B or C of this section, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor.

B. A person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is restricted, suspended, revoked, disqualified, canceled or refused for a violation of section 28-1381, 28-1382 or 28-1383, under section 28-1385 or as a result of a conviction for an act in another jurisdiction that if committed in this state is a violation of section 28-1381, 28-1382 or 28-1383 is guilty of a class 1 misdemeanor and shall be sentenced to serve at least forty-eight consecutive hours in jail. A judge shall not grant probation, pardon, commutation or suspension of sentence or release on any basis other than on the condition that the person serve at least forty-eight consecutive hours in jail.

C. A person who drives a motor vehicle on a public highway when the person's privilege to do so is suspended pursuant to either section 28-1601 or 28-3308 is guilty of a class 1 misdemeanor. For a first conviction under this subsection, the court shall impose a fine of at least three hundred dollars, except that on proper evidence of payment of a civil penalty imposed by the court for the original civil violation that resulted in the suspension, the court shall impose a fine of at least fifty dollars. For a second or subsequent conviction under this subsection within one year after the date of the first conviction, the court shall impose a fine of at least five hundred dollars. A judge shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this subsection, except on the condition that the person pay not less than the stated fine. A judge shall not dismiss an action brought under this subsection only because the defendant has paid the civil penalty that resulted in the suspension.

D. Except for a suspension pursuant to section 28-1601 or 28-3308, on receipt of a record of the conviction of a person under this section, the department shall:

1. Extend the period of the suspension for an additional like period but not more than one year from the date the person would otherwise be entitled to apply for a new license if the conviction was for a charge of driving a vehicle while the driver license privilege of the person was suspended.

2. Not issue a new license for an additional period of one year from and after the date the person otherwise would have been entitled to apply for a new license if the conviction was for a charge of driving while the driver license privilege was revoked.

E. If the department receives a record of the conviction of a person on a charge of driving a commercial motor vehicle while the person was disqualified from driving a commercial motor vehicle, the department shall promptly extend the period of the disqualification for not more than one year from the date the person would otherwise have been eligible to apply for a new commercial driver license as defined in section 28-3001.

F. If the department receives a record of the conviction of a person on a charge of driving a motor vehicle while the person's driver license privilege was cancelled, the department shall promptly suspend the person's driver license privilege for a period of not less than:

1. Three months for the first conviction.

2. Six months for a second or subsequent conviction.

28-3473. Driving violations; classification

(L99, Ch. 11, sec. 20. Eff. until 1/1/11)

A. Except as provided in subsection B or C of this section, a person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is suspended, revoked, canceled or refused or when the person is disqualified from driving is guilty of a class 1 misdemeanor.

B. A person who drives a motor vehicle on a public highway when the person's privilege to drive a motor vehicle is restricted, suspended, revoked, disqualified, canceled or refused for a violation of section 28-1381, 28-1382 or 28-1383, under section 28-1385 or as a result of a conviction for an act in another jurisdiction that if committed in this state is a violation of section 28-1381, 28-1382 or 28-1383 is guilty of a class 1 misdemeanor and shall be sentenced to serve at least forty-eight consecutive hours in jail. A judge shall not grant probation, pardon, commutation or suspension of sentence or release on any basis other than on the condition that the person serve at least forty-eight consecutive hours in jail.

C. A person who drives a motor vehicle on a public highway when the person's privilege to do so is suspended pursuant to either section 28-1601 or 28-3308 is guilty of a class 1 misdemeanor. For a first conviction under this subsection, the court shall impose a fine of at least three hundred dollars, except that on proper evidence of payment of a civil penalty imposed by the court for the original civil violation that resulted in the suspension, the court shall impose a fine of at least fifty dollars. For a second or subsequent conviction under this subsection within one year after the date of the first conviction, the court shall impose a fine of at least five hundred dollars. A judge shall not grant probation to or suspend any part or all of the imposition or execution of a sentence required by this subsection, except on the condition that the person pay not less than the stated fine. A judge shall not dismiss an action brought under this subsection only because the defendant has paid the civil penalty that resulted in the suspension.

D. Except for a suspension pursuant to section 28-1601 or 28-3308, on receipt of a record of the conviction of a person under this section, the department shall:

1. Extend the period of the suspension for an additional like period but not more than one year from the date the person would otherwise be entitled to apply for a new license if the conviction was for a charge of driving a vehicle while the driver license privilege of the person was suspended.

2. Not issue a new license for an additional period of one year from and after the date the person otherwise would have been entitled to apply for a new license if the conviction was for a charge of driving while the driver license privilege was revoked.

E. If the department receives a record of the conviction of a person on a charge of driving a commercial motor vehicle while the person was disqualified from driving a commercial motor vehicle, the department shall promptly extend the period of the disqualification for not more than one year from the date the person would otherwise have been eligible to apply for a new commercial driver license as defined in section 28-3001.

F. If the department receives a record of the conviction of a person on a charge of driving a motor vehicle while the person's driver license privilege was cancelled, the department shall promptly suspend the person's driver license privilege for a period of not less than:

1. Three months for the first conviction.

2. Six months for a second or subsequent conviction.