State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_209

60-6,209. Licenserevocation; reinstatement; conditions; department; Board of Pardons; duties;fee.(1) Any person whose operator's license has been revokedpursuant to a conviction for a violation of sections 60-6,196, 60-6,197, and 60-6,199 to 60-6,204 for a third or subsequent time for a period of fifteenyears may apply to the Department of Motor Vehicles, on forms prescribed bythe department, requesting the department to make a recommendation to theBoard of Pardons for reinstatement of his or her eligibility for an operator'slicense. Upon receipt of the application, the Director of Motor Vehicles shallreview the application if such person has served at least seven years of suchrevocation and make a recommendation for reinstatement or for denial of reinstatement.The department may recommend reinstatement if such person shows the following:(a)Such person has completed a state-certified substance abuse program and isrecovering or such person has substantially recovered from the dependencyon or tendency to abuse alcohol or drugs;(b) Such person hasnot been convicted, since the date of the revocation order, of any subsequentviolations of section 60-6,196 or 60-6,197 or any comparable city or villageordinance and the applicant has not, since the date of the revocation order,submitted to a chemical test under section 60-6,197 that indicated an alcoholconcentration in violation of section 60-6,196 or refused to submit to a chemicaltest under section 60-6,197;(c) Such person has not been convicted,since the date of the revocation order, of driving while under suspension,revocation, or impoundment under section 60-4,109;(d) Such personhas abstained from the consumption of alcoholic beverages and the consumptionof drugs except at the direction of a licensed physician or pursuant to avalid prescription; and(e) Such person's operator's license isnot currently subject to suspension or revocation for any other reason.(2)In addition, the department may require other evidence from such person toshow that restoring such person's privilege to drive will not present a dangerto the health and safety of other persons using the highways.(3)Upon review of the application, the director shall make the recommendationto the Board of Pardons in writing and shall briefly state the reasons forthe recommendations. The recommendation shall include the original applicationand other evidence submitted by such person. The recommendation shall alsoinclude any record of any other applications such person has previously filedunder this section.(4) The department shall adopt and promulgaterules and regulations to govern the procedures for making a recommendationto the Board of Pardons. Such rules and regulations shall include the requirementthat the treatment programs and counselors who provide information about suchperson to the department must be certified or licensed by the state.(5)If the Board of Pardons reinstates such person's eligibility for an operator'slicense or orders a reprieve of such person's motor vehicle operator's licenserevocation, such reinstatement or reprieve may be conditioned for the durationof the original revocation period on such person's continued recovery. Ifsuch person is convicted of any subsequent violation of section 60-6,196 or 60-6,197, the reinstatement of the person's eligibility for an operator'slicense shall be withdrawn and such person's operator's license will be revokedby the Department of Motor Vehicles for the time remaining under the originalrevocation, independent of any sentence imposed by the court, after thirtydays' written notice to the person by first-class mail at his or her last-knownmailing address as shown by the records of the department.(6)If the Board of Pardons reinstates a person's eligibility for an operator'slicense or orders a reprieve of such person's motor vehicle operator's licenserevocation, the board shall notify the Department of Motor Vehicles of thereinstatement or reprieve. Such person may apply for an operator's licenseupon payment of a fee of one hundred twenty-five dollars and the filing ofproof of financial responsibility. The fees paid pursuant to this sectionshall be collected by the department and remitted to the State Treasurer.The State Treasurer shall credit seventy-five dollars of each fee to the GeneralFund and fifty dollars of each fee to the Department of Motor Vehicles CashFund. SourceLaws 1992, LB 291,§ 10; R.S.Supp.,1992, § 39-669.19; Laws 1993, LB 370, § 304; Laws 1998, LB 309, § 18; Laws 2001, LB 38, § 54; Laws 2003, LB 209, § 13; Laws 2004, LB 208, § 12; Laws 2004, LB 1083, § 102; Laws 2008, LB736, § 9.AnnotationsThis section (60-6,209(Reissue 1993)) clearly defines the 15-year revocation as serving as a punishmentand is unconstitutional because it permits a judicial commutation of a sentenceof punishment. Because this section permits the judicial branch to exercisethe power of commutation, a power that clearly belongs to the executive branch,this section is unconstitutional as a violation of the separation of powersclause of the Nebraska Constitution. State v. Bainbridge, 249 Neb. 260, 543N.W.2d 154 (1996).The law does not grant an absolute right todefendant to a reduction of a term of revocation, but provides that the periodof revocation "may" be reduced if the provisions of the statute are shownby the applicant to be satisfied by the preponderance of the evidence. Statev. Packett, 246 Neb. 888, 523 N.W.2d 695 (1994).