60-696 Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penalty. - Nebraska Statutes

60-696. Motor vehicle; accident; duty to stop;information to furnish; report; powers of peace officer; violation; penalty.(1) Except as provided in subsection (2) of this section, the driverof any vehicle involved in an accident upon a public highway, private road,or private drive, resulting in damage to property, shall (a) immediately stopsuch vehicle at the scene of such accident and (b) give his or her name, address,telephone number, and operator's license number to the owner of the propertystruck or the driver or occupants of any other vehicle involved in the collision.(2) The driver of any vehicle involved in an accident upon a publichighway, private road, or private drive, resulting in damage to an unattendedvehicle or property, shall immediately stop such vehicle and leave in a conspicuousplace in or on the unattended vehicle or property a written notice containingthe information required by subsection (1) of this section. In addition, suchdriver shall, without unnecessary delay, report the collision, by telephoneor otherwise, to an appropriate peace officer.(3)(a) A peace officer may remove or cause to be removed from a roadway,without the consent of the driver or owner, any vehicle, cargo, or other propertywhich is obstructing the roadway creating or aggravating an emergency situationor otherwise endangering the public safety. Any vehicle, cargo, or other propertyobstructing a roadway shall be removed by the most expeditious means availableto clear the obstruction, giving due regard to the protection of the propertyremoved.(b) This subsection does not apply if an accident results in or is believedto involve the release of hazardous materials, hazardous substances, or hazardouswastes, as those terms are defined in section 75-362.(4) Any person violating subsection (1) or (2) of this section is guiltyof a Class II misdemeanor. If such person has had one or more convictionsunder this section in the twelve years prior to the date of the current convictionunder this section, such person is guilty of a Class I misdemeanor. As partof any sentence, suspended sentence, or judgment of conviction under thissection, the court may order the defendant notto drive any motor vehicle for any purpose in the State of Nebraska for aperiod of up to oneyear from the date ordered by the court.If the court orders the defendant not to drive any motor vehicle for any purposein the State of Nebraska for a period of up to one year from the date orderedby the court, the court shall also order that the operator's license of suchperson be revoked for a like period. SourceLaws 1931, c. 110, § 28, p. 314; C.S.Supp.,1941, § 39-1159; R.S.1943, § 39-762; Laws 1947, c. 148, § 2(2), p. 409; Laws 1949, c. 119, § 2, p. 316; Laws 1949, c. 120, § 2, p. 317; Laws 1959, c. 169, § 1, p. 617; R.R.S.1943, § 39-762.01; Laws 1978, LB 748, § 26; R.S.1943, (1988), § 39-6,104.02; Laws 1993, LB 370, § 192; Laws 1994, LB 929, § 1; Laws 2001, LB 254, § 1; Laws 2006, LB 925, § 7; Laws 2007, LB561, § 1; Laws 2010, LB914, § 1. Cross ReferencesOperator's license, assessment of points, see sections 60-497.01 and 60-4,182 et seq. AnnotationsIn a trial on charge of violating section 39-762 (transferred to section 60-697), request for instruction on leaving scene of property damage accident as lesser offense was properly refused. State v. Jones, 186 Neb. 303, 183 N.W.2d 235 (1971).