State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-497_01

60-497.01. Convictionand probation records; abstract of court record; transmission to director;duties.(1) An abstract of the court record ofevery case in which a person is convicted of violating any provision of theMotor Vehicle Operator's License Act, the Motor Vehicle Safety ResponsibilityAct, the NebraskaRules of the Road, or section 28-524, as from time to time amended by the Legislature, or anytraffic regulations in city or village ordinances shall be transmitted withinthirty days of sentencing or other disposition by the court to the director.Any abstract received by the director more than thirty days after the dateof sentencing or other disposition shall be reported by the director to theState Court Administrator.(2) Any person violating section 28-306, 60-696, 60-697, 60-6,196, 60-6,197, 60-6,213, or 60-6,214 who is placed on probation shall be assessedthe same points under section 60-4,182 as if such person were not placed onprobation unless a court has ordered that such person must obtain an ignitioninterlock permit in order to operate a motor vehicle with an ignition interlockdevice pursuant to section 60-6,211.05 and sufficient evidence is presentedto the department that such a device is installed. For any other violation,the director shall not assess such person with any points under section 60-4,182for such violation when the person is placed on probation until the directoris advised by the court that such person previously placed on probation hasviolated the terms of his or her probation and such probation has been revoked.Upon receiving notice of revocation of probation, the director shall assessto such person the points which such person would have been assessed had theperson not been placed on probation. When a person fails to successfully completeprobation, the court shall notify the director immediately. SourceLaws 1931, c. 110, § 58, p. 326; Laws 1941, c. 124, § 9, p. 476; C.S.Supp.,1941, § 39-1189; R.S.1943, § 39-794; Laws 1953, c. 219, § 7, p. 771; Laws 1957, c. 164, § 1, p. 579; Laws 1957, c. 366, § 15, p. 1255; Laws 1957, c. 165, § 1, p. 582; Laws 1972, LB 1058, § 2; Laws 1972, LB 1032, § 247; Laws 1973, LB 317, § 1; Laws 1973, LB 226, § 25; R.S.Supp.,1973, § 39-794; Laws 1975, LB 379, § 1; Laws 1987, LB 79, § 1; Laws 1991, LB 420, § 2; R.S.Supp.,1992, § 39-669.22; Laws 1993, LB 370, § 75; Laws 1993, LB 575, § 15; Laws 1993, LB 564, § 13; Laws 2001, LB 38, § 18; Laws 2006, LB 925, § 2; Laws 2008, LB736, § 2; Laws 2009, LB63, § 32. Cross ReferencesMotor Vehicle Safety Responsibility Act, see section 60-569.Nebraska Rules of the Road, see section 60-601. AnnotationsA certified abstract for conviction report must include judgment of conviction to authorize revocation or suspension of motor vehicle operator's license. Hyland v. State, 194 Neb. 737, 235 N.W.2d 236 (1975).A violation of a city ordinance which tracks section 60-413 is a two-point violation under section 39-669.26 (transferred to section 60-4,182) for which a report to the Director of Motor Vehicles is required by this section. Maciejewski v. Sullivan, 193 Neb. 598, 228 N.W.2d 294 (1975).The offense of failing to carry an operator's license when operating a motor vehicle on the public highways is a traffic violation for which two points are to be assessed, and for which a report to the Department of Motor Vehicles is required. Coffee v. Sullivan, 191 Neb. 781, 217 N.W.2d 918 (1974).Where docket entry shown in abstract failed to meet the required criteria hereunder, the purported conviction was improperly relied on in proceeding to revoke operator's license under point system. Baker v. Sullivan, 191 Neb. 707, 217 N.W.2d 483 (1974).The determinations required in this and companion sections are simple ministerial matters. Stauffer v. Weedlun, 188 Neb. 105, 195 N.W.2d 218 (1972).Certified abstract is required to be sent to Director of Department of Motor Vehicles only where the accused is convicted or his bail is forfeited. State ex rel. Line v. Kuhlman, 167 Neb. 674, 94 N.W.2d 373 (1959).This section applies to certification of conviction by county court. Bradford v. Ress, 167 Neb. 338, 93 N.W.2d 17 (1958).