Nebraska Revised Statute 60-497.01

Chapter 60

60-497.01.

Conviction and probation records; abstract of court record; transmission to director; duties.

(1) An abstract of the court record of every case in which a person is convicted of violating any provision of the Motor Vehicle Operator's License Act, the Motor Vehicle Safety Responsibility Act, the Nebraska Rules of the Road, or section 28-524, as from time to time amended by the Legislature, or any traffic regulations in city or village ordinances shall be transmitted within thirty days of sentencing or other disposition by the court to the director. Any abstract received by the director more than thirty days after the date of sentencing or other disposition shall be reported by the director to the State Court Administrator.

(2) Any person violating section 28-306, 28-394, 28-1254, 60-696, 60-697, 60-6,196, 60-6,197, 60-6,213, or 60-6,214 who is placed on probation shall be assessed the same points under section 60-4,182 as if such person were not placed on probation unless a court has ordered that such person must obtain an ignition interlock permit in order to operate a motor vehicle with an ignition interlock device pursuant to section 60-6,211.05 and sufficient evidence is presented to the department that such a device is installed. For any other violation, the director shall not assess such person with any points under section 60-4,182 for such violation when the person is placed on probation until the director is advised by the court that such person previously placed on probation has violated the terms of his or her probation and such probation has been revoked. Upon receiving notice of revocation of probation, the director shall assess to such person the points which such person would have been assessed had the person not been placed on probation. When a person fails to successfully complete probation, the court shall notify the director immediately.

Source

  • Laws 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. 165, § 1, p. 582;
  • Laws 1957, c. 366, § 15, p. 1255;
  • Laws 1972, LB 1032, § 247;
  • Laws 1972, LB 1058, § 2;
  • Laws 1973, LB 226, § 25;
  • Laws 1973, LB 317, § 1;
  • 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 564, § 13;
  • Laws 1993, LB 575, § 15;
  • Laws 2001, LB 38, § 18;
  • Laws 2006, LB 925, § 2;
  • Laws 2008, LB736, § 2;
  • Laws 2009, LB63, § 32;
  • Laws 2011, LB667, § 23.

Cross References

  • Motor Vehicle Safety Responsibility Act, see section 60-569.
  • Nebraska Rules of the Road, see section 60-601.

Annotations

  • A 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).