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60-6,211 Lifetime revocation of motor vehicle operator's license; reduction; procedure.

60-6,211. Lifetime revocation of motor vehicle operator's license; reduction; procedure.Any person who prior to April 19, 1986, has had his or her motor vehicle operator's license revoked for life pursuant to section 60-6,196 or 60-6,197 may submit an application to the court for a reduction of such lifetime revocation. The court in its discretion may reduce such revocation to a period of fifteen years. SourceLaws 1986, LB 153, § 5; R.S.1943, (1988), § 39-669.38; Laws 1993, LB 370, § 306.AnnotationsThe commutation of a motor vehicle operator's license suspension by the judiciary is an improper use of a power reserved for the executive branch, and since the thrust of this section is toward that end, it is unconstitutional. State v. Diaz, 266 Neb. 966, 670 N.W.2d 794 (2003).Where a criminal statute is amended to mitigate punishment, the sentence is that provided by a statute amended before final judgment absent a specific contrary legislative mandate. State v. Thompson, 224 Neb. 922, 402 N.W.2d 271 (1987).In a case pending appeal when section 39-669.07 (transferred to section 60-6,196) was amended, a sentence of lifetime suspension of a driver's license for driving while under the influence should be vacated and in lieu thereof a sentence of suspension for 15 years imposed. State v. Painter, 224 Neb. 905, 402 N.W.2d 677 (1987).

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