State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-4_182

60-4,182. Point system; offenses enumerated.In order to prevent and eliminate successive traffic violations, thereis hereby provided a point system dealing with traffic violations as disclosedby the files of the director. The following point system shall be adopted:(1) Conviction of motor vehicle homicide - 12 points;(2) Third offense drunken driving in violation of any city or villageordinance or of section 60-6,196, as disclosed by the records of the director,regardless of whether the trial court found the same to be a third offense- 12 points;(3) Failure to stop and render aid as required under section 60-697in the event of involvement in a motor vehicle accident resulting in the deathor personal injury of another - 6 points;(4) Failure to stop and report as required under section 60-696 or anycity or village ordinance in the event of a motor vehicle accident resultingin property damage - 6 points;(5) Driving a motor vehicle while under the influence of alcoholic liquoror any drug or when such person has a concentration of eight-hundredths ofone gram or more by weight of alcohol per one hundred milliliters of his orher blood or per two hundred ten liters of his or her breath in violationof any city or village ordinance or of section 60-6,196 - 6 points;(6) Willful reckless driving in violation of any city or village ordinanceor of section 60-6,214 or 60-6,217 - 6 points;(7) Careless driving in violation of any city or village ordinance orof section 60-6,212 - 4 points;(8) Negligent driving in violation of any city or village ordinance- 3 points;(9) Reckless driving in violation of any city or village ordinance orof section 60-6,213 - 5 points;(10) Speeding in violation of any city or village ordinance or any ofsections 60-6,185 to 60-6,190 and 60-6,313:(a) Not more than five miles per hour over the speed limit - 1 point;(b) More than five miles per hour but not more than ten miles per hourover the speed limit - 2 points;(c) More than ten miles per hour but not more than thirty-five milesper hour over the speed limit - 3 points, except that one point shall be assessedupon conviction of exceeding by not more than ten miles per hour, two pointsshall be assessed upon conviction of exceeding by more than ten miles perhour but not more than fifteen miles per hour, and three points shall be assessedupon conviction of exceeding by more than fifteen miles per hour but not morethan thirty-five miles per hour the speed limits provided for in subdivision(1)(e), (f), (g), or (h) of section 60-6,186; and(d) More than thirty-five miles per hour over the speed limit - 4 points;(11) Failure to yield to a pedestrian not resulting in bodily injuryto a pedestrian - 2 points;(12) Failure to yield to a pedestrian resulting in bodily injury toa pedestrian - 4 points;(13) Using a handheldwireless communication device in violation of section 60-6,179.01 - 3 points;and(14) All other traffic violationsinvolving the operation of motor vehicles by the operator for which reportsto the Department of Motor Vehicles are required under sections 60-497.01and 60-497.02 - 1 point.Subdivision (14) of this section doesnot include violations involving an occupant protection system pursuantto section 60-6,270, parking violations, violations for operating a motorvehicle without a valid operator's license in the operator's possession, mufflerviolations, overwidth, overheight, or overlength violations, motorcycle ormoped protective helmet violations, or overloading of trucks.All such points shall be assessed against the driving record of theoperator as of the date of the violation for which conviction was had. Pointsmay be reduced by the department under section 60-4,188.In all cases, the forfeiture of bail not vacated shall be regarded asequivalent to the conviction of the offense with which the operator was charged.The point system shall not apply to persons convicted of traffic violationscommitted while operating a bicycle or an electric personal assistive mobilitydevice as defined in section 60-618.02. SourceLaws 1953, c. 219, § 1, p. 768; Laws 1955, c. 156, § 1, p. 457; Laws 1957, c. 168, § 1, p. 587; Laws 1957, c. 366, § 26, p. 1261; Laws 1959, c. 174, § 1, p. 625; Laws 1959, c. 169, § 2, p. 617; Laws 1961, c. 185, § 3, p. 571; Laws 1967, c. 235, § 2, p. 630; R.R.S.1943, § 39-7,128; Laws 1974, LB 590, § 1; Laws 1974, LB 873, § 4; Laws 1975, LB 381, § 4; Laws 1975, LB 328, § 1; Laws 1976, LB 265, § 1; Laws 1983, LB 204, § 1; Laws 1985, LB 496, § 2; Laws 1987, LB 430, § 3; Laws 1987, LB 224, § 3; Laws 1988, LB 428, § 6; Laws 1992, LB 958, § 2; R.S.Supp.,1992, § 39-669.26; Laws 1993, LB 370, § 80; Laws 1993, LB 575, § 17; Laws 1996, LB 901, § 2; Laws 2001, LB 166, § 3; Laws 2001, LB 773, § 14; Laws 2002, LB 1105, § 446; Laws 2006, LB 925, § 3; Laws 2007, LB35, § 1; Laws 2008, LB621, § 1; Laws 2010, LB945, § 1. Cross ReferencesAssessment of points when person is placed on probation, see section 60-497.01. AnnotationsPursuant to subsection (13) of this section, points are assessed against a driver's record as of the date of the violation rather than the date the Director of Motor Vehicles becomes aware of the violation. Delgado v. Abramson, 254 Neb. 606, 578 N.W.2d 833 (1998).