State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-6_212

60-6,212. Careless driving, defined.Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving. SourceLaws 1979, LB 575, § 1; R.S.1943, (1988), § 39-669; Laws 1993, LB 370, § 308. Cross ReferencesApplicability of statute to private property, see section 60-6,108.Operator's license, assessment of points and revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq. AnnotationsCareless driving is a lesser-included offense of reckless driving. State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997).The failure of this section to limit the proscription as to careless driving to the public roads is not an impermissible, unconstitutional overbreadth. The statutory language, carelessly or without due caution, is not unconstitutionally vague. State v. Merithew, 220 Neb. 530, 371 N.W.2d 110 (1985).This section, which provides that any person who operates a motor vehicle in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of careless driving, is vague and indefinite, and is thus unconstitutional. State v. Huffman, 202 Neb. 434, 275 N.W.2d 838 (1979). This case applies to section 39-669 as it existed prior to being repealed by Laws 1979, LB 575, section 3.