Willful reckless driving, defined.
Any person who drives any motor vehicle in such a manner as to indicate a willful disregard for the safety of persons or property shall be guilty of willful reckless driving.
Source:Laws 1935, c. 134, § 3, p. 485; C.S.Supp.,1941, § 39-11,100; Laws 1943, c. 99, § 1, p. 339; R.S.1943, § 39-7,107; Laws 1947, c. 148, § 3(3), p. 410; R.R.S.1943, § 39-7,107.02; R.S.1943, (1988), § 39-669.03; Laws 1993, LB 370, § 310.
Applicability of statute to private property, see section 60-6,108.
Motor vehicle homicide, penalty, see section 28-306.
Operator's license, assessment of points and revocation, see sections 60-497.01, 60-498, and 60-4,182 et seq.
Willful reckless driving is characterized by a deliberate disregard for the safety of others or their property. For there to be willful reckless driving it is not necessary that there be property damage or injury inflicted. Here, intentional or deliberate disregard for the safety or property of others was lacking, since there was no evidence of the presence of any persons or property subjected to danger in the area, and the defendant was only driving 36 m.p.h. in a 25-m.p.h. zone. State v. Douglas, 239 Neb. 891, 479 N.W.2d 457 (1992).
History of statute reviewed in considering municipal ordinance. State v. Green, 182 Neb. 615, 156 N.W.2d 724 (1968).
The conscious and intentional driving which the driver knows, or should know, creates an unreasonable risk of harm is sufficient to sustain a conviction. State v. DiLorenzo, 181 Neb. 59, 146 N.W.2d 791 (1966).
One cannot commit the greater offense of willful reckless driving without simultaneously committing the lesser offense of reckless driving; the only distinction between these offenses is intent. State v. Scherbarth, 24 Neb. App. 897, 900 N.W.2d 213 (2017).