Nebraska Driving Law
Information on Nebraska driving law and Nebraska traffic laws...
Revocation for Accumulation of Points
Under Nebraska driving law, accumulating 12 or more points within any two (2) year time period can result in your operator’s license and/or operating privileges being revoked. Points are not calculated from the hearing date but from the date of violation of any Nebraska traffic laws.
A violation is placed on the driving record and points are assessed upon receipt of a conviction of that violation (in Nebraska or any other state that is a member of the Compact).
In accordance with Nebraska driving law, a driver that successfully completes a DMV approved Driver Improvement Course may be granted a two (2)-point credit. This Driver Improvement Course can only be taken once every five (5) years and must be completed prior to the violation that would assess the 12th point.
For a first offense, the Point Revocation is for six (6) months. Under Nebraska driving law, driver’s who are revoked under the Nebraska Point System for the second time within five (5) years are revoked for a three (3) year time period.
Driver’s whose license was revoked under the Nebraska Point System can apply for an Employment Drive Permit and/or a Medical Hardship Permit, provided there are no other open suspensions, revocations or impoundments on their record.
Requirements for Reinstatement:
- You must surrender your operator’s license/permit or sign an affidavit of lost license if you no longer have possession of the license. This does not apply if the license has expired.
- You must have successfully completed an eight (8) hour DMV approved Driver Improvement Course after the date of revocation and have the school submit a DMV Certificate of Completion.
- You must file proof of financial responsibility, which is to remain on file for three (3) years from the date of eligibility. This is normally provided in the form of a SR-22 Certificate of Insurance. Failure to comply with this requirement would result in the suspension of the operating privileges for an Insurance Cancellation.
- You must pay a $125.00 reinstatement fee. Payment of the reinstatement fee needs to be in the form of a cashier’s check, bank draft, money order made payable to the Department of Motor Vehicles. The DMV does not accept personal or business account checks. Once reinstated, you will receive a letter of clearance from the DMV.
Testing Requirements For a New License:
Drivers whose operator’s license and/or privileges have been revoked must test and apply for a new license. If used within 30 days (of the date of the letter), the Reinstatement/Clearance letter can be used for identification. If not, drivers will need to provide the Examiner with proof of birth date and identity from the U.S. Based Proof of Identification form.
The Nebraska Traffic Point System
In accordance with Nebraska driving law, the following violations will result in the number of points indicated being assessed to driving records:
Violation - Points Assessed
- Motor Vehicle Homicide - 2 points
- Driving Under the Influence – 3rd Offense or Subsequent Offense* - 12 points
- Failure to report an accident within 12 hours to law enforcement - 8 points
- Failure to render aid in accident you are involved in - 6 points
- Driving Under the Influence – 1st and 2nd Offense - 6 points
- Willful reckless driving (deliberate and intentional) - 6 points
- Reckless driving (rash, heedless, dangerous) - 5 points
- Careless driving (inattentive, forgetful, inconsiderate) - 4 points
- Leave the scene of an accident, but submit report within 12 hours - 4 points
- Failure to yield to a pedestrian with bodily injury to the pedestrian - 4 points
- Negligent driving (indifferent, offhand, neglectful) - 3 points
- Failure to yield to a pedestrian with no bodily injury to pedestrian - 2 points
- Failure to submit to an alcohol content test - 1 point
- Operating a vehicle with an expired license or if no license has ever been issued - 1 point
- All other violations of Nebraska driving law (excluding parking, muffler, no valid operator’s license on person, or for violations involving occupant protection system, motorcycle or a moped protective helmet) - 1 point
* Third Offense drunken driving in violation of any city or village ordinance or of section 60-6,6196, as disclosed by the records of the director, regardless of whether the trial court found the same to be a third offense.
Speeding
Under Nebraska driving law, points are assessed for speeding on the basis of miles per hour (MPH) over the posted speed limit and the type of road:
Business and Residential District
- 1 thru 5 MPH - 1 Point
- Over 5 thru 10 MPH - 2 Points
- Over 10 MPH - 3 Points
County Roads / State Highways
- 1 thru 10 MPH - 1 Point
- Over 10 thru 15 MPH - 2 Points
- Over 15 MPH - 3 Points
Interstate Highway
- 1 thru 10 MPH - 1 Point
- Over 10 thru 15 MPH - 2 Points
- Over 15 MPH - 3 Points
Assessment of Points
Upon conviction of a violation of Nebraska driving law, points are assessed to a driving record as of the date of the violation. Convictions for violations of Nebraska traffic laws remain on the driving record for five (5) years.
Accumulating 12 points in a two (2) year time period (counting from the last date of violation) causes automatic revocation of the operator’s license under the Nebraska Point System.
Under Nebraska driving law, when you are convicted of a traffic violation in another state, points are assessed against your driving record as if the violation occurred in Nebraska.
Two (2) Point Credit
Under Nebraska driving law, any person who has fewer than 12 points assessed against their driving record can voluntarily enroll in a DMV approved Driver Improvement Course (approved course must consist of at least eight (8) hours of instruction).
Upon notification of successful completion of such course from the conducting organization, the department shall reduce by two (2) the number of points assessed against the driver within the previous two (2) years.
If the driver has only one (1) point assessed within the previous two (2) years, the department shall reduce by the number of points assessed by one (1).
In accordance with Nebraska driving law, this program can only be utilized once every five (5) years and the course must be completed prior to the date of violation of any Nebraska traffic laws that would assess the 12th point on the driving record.
For more information on Nebraska driving law, please visit the Nebraska Department of Motor Vehicles.
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