Nebraska Revised Statute 60-6,108
Required obedience to traffic laws; private property used for public road by consent of owner; provisions uniform throughout the state.
(1) The provisions of the Nebraska Rules of the Road relating to operation of vehicles refer exclusively to operation of vehicles upon highways except where a different place is specifically referred to in a given section, but sections 60-6,196, 60-6,197, 60-6,197.04, and 60-6,212 to 60-6,218 shall apply upon highways and anywhere throughout the state except private property which is not open to public access.
(2) Nothing in the Nebraska Rules of the Road shall be construed to prevent the owner of real property used by the public for the purposes of vehicular travel, by permission of the owner and not as a matter of right, from prohibiting such use nor from requiring other, different, or additional conditions from those specified or otherwise regulating the use thereof by such owner.
(3) The Nebraska Rules of the Road shall be applicable and uniform throughout this state and in all political subdivisions and municipalities of this state, and no local authority shall enact or enforce any ordinance directly contrary to the Nebraska Rules of the Road unless expressly authorized by the Legislature.
- Laws 1973, LB 45, § 3;
- Laws 1992, LB 291, § 3;
- R.S.Supp.,1992, § 39-603;
- Laws 1993, LB 370, § 204;
- Laws 2004, LB 208, § 9.
The exception in this section is not a material element of the offense of driving under the influence, which the State must plead and prove in every case; instead, the exception creates an affirmative defense to the crime of driving under the influence. State v. Grutell, 305 Neb. 843, 943 N.W.2d 258 (2020).
The provisions of this section create a geographical exception to the driving under the influence statutes for private property not open to public access. State v. Grutell, 305 Neb. 843, 943 N.W.2d 258 (2020).
Criminal liability under section 60-6,196 does not extend to intoxicated persons in control of a vehicle parked on a residential driveway, regardless of whether part of the vehicle crosses a sidewalk. State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (2011).