60-4,108 Operating motor vehicle during period of suspension, revocation, or impoundment; penalties; juvenile; violation; handled in juvenile court. - Nebraska Statutes

60-4,108. Operatingmotor vehicle during period of suspension, revocation, or impoundment; penalties; juvenile; violation; handled in juvenilecourt.(1) It shall be unlawful forany person to operate a motor vehicle during any period that he or she issubject to a court order not to operate any motor vehicle for any purposeor during any period that his or her operator's license has been revoked orimpounded pursuant to conviction or convictions for violation of any law orlaws of this state, by an order of any court, or by an administrative orderof the director. Except as otherwise provided by subsection (3) of this section or by other law,any person so offending shall (a) for a first such offense, be guilty of aClass II misdemeanor, and the court shall, as a part of the judgment of conviction,order such person not to operate any motor vehicle for any purpose for a periodof one year from the date ordered by the court and also order the operator'slicense of such person to be revoked for a like period and (b) for each subsequentsuch offense, be guilty of a Class II misdemeanor, and the court shall, asa part of the judgment of conviction, order such person not to operate anymotor vehicle for any purpose for a period of two years from the date orderedby the court and also order the operator's license of such person to be revokedfor a like period. Such orders of the court shall be administered upon sentencing,upon final judgment of any appeal or review, or upon the date that any probationis revoked, whichever is later.(2) It shall be unlawful for any person to operate a motorvehicle (a) during any period that his or her operator's license has beensuspended, (b) after a period of revocation but before issuance of a new license,or (c) after a period of impoundment but before the return of the license. Except as provided in subsection (3) of this section, any personso offending shall be guilty of a Class III misdemeanor, and the court may,as a part of the judgment of conviction, order such person not to operateany motor vehicle for any purpose for a period of one year from the date orderedby the court, except that if the person at the time of sentencing shows proofof reinstatement of his or her suspended operator's license, proof of issuanceof a new license, or proof of return of the impounded license, the personshall only be fined in an amount not to exceed one hundred dollars. If thecourt orders the person not to operate a motor vehicle for a period of oneyear from the date ordered by the court, the court shall also order the operator'slicense of such person to be revoked for a like period. Such orders of thecourt shall be administered upon sentencing, upon final judgment of any appealor review, or upon the date that any probation is revoked, whichever is later.(3) If a juvenilewhose operator's license or permit has been impounded by a juvenile courtoperates a motor vehicle during any period that he or she is subject to thecourt order not to operate any motor vehicle or after a period of impoundmentbut before return of the license or permit, such violation shall be handledin the juvenile court and not as a violation of this section. SourceLaws 1957, c. 275, § 2, p. 1002; Laws 1959, c. 293, § 3, p. 1099; Laws 1977, LB 39, § 81; Laws 1979, LB 149, § 1; Laws 1985, LB 356, § 1; Laws 1986, LB 153, § 12; R.S.1943, (1988), § 60-430.01; Laws 1989, LB 285, § 58; Laws 1997, LB 772, § 4; Laws 2001, LB 38, § 25; Laws 2010, LB800, § 34.AnnotationsThe penalty of 1 or 2 years' suspension found in this section does not constitute cruel and unusual punishment. State v. Green, 236 Neb. 33, 458 N.W.2d 472 (1990).Sentence which ordered suspension of driver's license for one year following release from jail upon conviction of second offense driving while under suspension does not conform to sentencing requirements of this statute. State v. Moore, 215 Neb. 229, 337 N.W.2d 782 (1983).Not abuse of discretion for court to deny probation and impose mandatory sentence under the statute following conviction. State v. Adams, 198 Neb. 729, 255 N.W.2d 280 (1977).This section provides only penalty for driving motor vehicle while driver's license is suspended. Stuckey v. Rohnert, 179 Neb. 727, 140 N.W.2d 9 (1966).Penalty for violation of this section is increased upon conviction of second offense. State v. Steemer, 175 Neb. 342, 121 N.W.2d 813 (1963).The provisions of this section providing an increased penalty for second offense is not ex post facto as to a first offense committed prior to the enactment thereof. State v. Steemer, 175 Neb. 342, 121 N.W.2d 813 (1963).