Nebraska Traffic Violation Records
Table of Contents
In Nebraska, records of traffic violations, including infractions such as speeding, reckless driving, and other similar offenses, are primarily maintained by the Nebraska Department of Motor Vehicles (DMV). However, some records may also be found in the state court system.
One of the most common traffic offenses in Nebraska is speeding. Per statistics, approximately 10.68% of drivers in Nebraska have at least one prior speeding ticket on record. This figure is slightly higher than the national average of 10.54%.
Nebraska employs a driver's license point system to discourage unsafe driving behavior. Under this system, points are assessed for various traffic violations. Accumulating 12 points within two years results in an automatic license revocation.
Are Traffic Violations Records Public in Nebraska?
Traffic violation records maintained by the Nebraska Department of Motor Vehicles (DMV) are public, but with certain restrictions. Note that access to an individual's driving record requires either the driver's notarized consent or certification that the request falls under one of the "exempted uses" defined by the Uniform Motor Vehicle Records Disclosure Act.
Traffic violation records are considered public pursuant to the provisions of the Nebraska Public Records Statutes. These statutes establish the general principle that records maintained by state and local government agencies, including court records of traffic violations, are public unless specifically exempted by law. Hence, traffic records maintained by the courts in the state may also be accessed publicly. County courts in Nebraska typically handle traffic offenses. However, if a case is considered serious, it may be escalated to the district court. The records of both courts are open to the public.
How To Look Up Traffic Tickets in Nebraska?
You may search traffic citation information through the Nebraska Judicial Branch's online portal via the following steps:
- Visit the Nebraska Citation Information Page
- Enter your citation number, citation date, and the county where the citation was issued.
In addition, you may use third-party services to look up traffic ticket information. There are reputable third-party websites, such as publicrecords.us that aggregate public records, including traffic citations, allowing users to look up Nebraska traffic citation information.
Where Do I Pay Traffic Violations?
You may pay traffic fines in Nebraska via the state judicial branch's Citation Payment webpage. You will need the citation number, citation date, county of citation, and the full name and address of the person cited.
Other options include in-person or mail payments. Hence, if you prefer to pay in person or by mail, you may contact the county court where the citation was issued.
How Much Does It Cost To Request Your Driving Records Online?
You may obtain your driving record in Nebraska through the Nebraska Department of Motor Vehicles (DMV) online service for a fee of $7.50. Acceptable payment methods include a credit card or an electronic check. Alternatively, you may complete the request by mail or in person at the DMV office. You will need to submit a completed Application for Copy of Driving Record (with notarized signature) and include a check or money order for $7.50 payable to the Department of Motor Vehicles to the address on the application.
Nebraska driver records contain information over a five-year history. Details such as license history, convictions for traffic violations, administrative actions, accident history, and driver's license points may be found in the records.
What Are Moving and Non-Moving Violations in Nebraska?
Moving violations occur in Nebraska when a driver breaks state traffic laws while the vehicle remains in motion. Examples of moving violations include running a red light, speeding, and making an illegal turn. Non-moving violations generally occur when a vehicle is stationary. Examples of non-moving violations include driving without a seatbelt, parking violations, expired vehicle registration, defective vehicle equipment, and failure to display a valid inspection sticker.
The penalties for moving violations include fines, addition of driving record fines, increased insurance premiums, and potential jail time for serious offenses. Unlike for moving violations, the penalties for non-moving violations are less severe: fines are lower, and demerit points are not added to driver's licenses.
How Long Does a DUI Stay on Your Record in Nebraska?
A DUI conviction remains on your driving record for five years. However, the state uses a 15-year lookback period, meaning that any DUI conviction within the past 15 years will be considered when determining whether a new offense is treated as a second, third, or subsequent DUI. DUI rates have been on the rise in Nebraska in recent times. The state records about 335 DUI arrests and 4.6 DUI road fatalities per 100,000 drivers.
Nebraska enforces strict penalties for DUI offenses, which escalate with each subsequent conviction and are influenced by the driver's Blood Alcohol Content (BAC) at the time of the offense. The stipulated penalties for a DUI conviction in the state include the following:
- First Offense DUI
- BAC below 0.15%
- Jail Time: 7 to 60 days
- Fine: $500
- License Revocation: 6 months
- Ignition Interlock Device (IID): Required for license reinstatement
- BAC 0.15% or higher
- Jail Time: 7 to 60 days
- Fine: $500
- License Revocation: 1 year
- IID: Mandatory
- Second Offense DUI
- BAC below 0.15%
- Jail Time: 30 days to 6 months
- Fine: $500
- License Revocation: 18 months
- IID: Eligible after 45 days
- BAC 0.15% or higher
- Jail Time: 90 days to 1 year
- Fine: $1,000
- License Revocation: 18 months to 15 years
- IID: Eligible after 45 days
- Third Offense DUI
- BAC below 0.15%
- Jail Time: 90 days to 1 year
- Fine: $1,000
- License Revocation: 15 years
- IID: Eligible after 45 days
- BAC 0.15% or higher
- Jail Time: 180 days to 3 years
- Fine: Up to $10,000
- License Revocation: 15 years
- IID: Eligible after 45 days
- Fourth Offenses
- BAC below 0.15%
- Jail Time: 180 days to 3 years
- Fine: Up to $10,000
- License Revocation: 15 years
- BAC 0.15% or higher
- Jail Time: 1 to 20 years
- Fine: Up to $25,000
- License Revocation: 15 years
- Fifth Offense:
- BAC below 0.15%
- Jail Time: 2 to 20 years
- Fine: Up to $25,000
- License Revocation: 15 years
- BAC 0.15% or higher
- Jail Time: 2 to 50 years
- Fine: Up to $25,000
- License Revocation: 15 years
What Are the Penalties for Breaking the Speed Limit in Nebraska?
Nebraska's absolute speed limits are outlined in Section 60-6,186 of the Nebraska Revised Statutes as follows:
- 25 mph in residential zones
- 20 mph in business zones
- 50 mph on gravel or non-dustless-surfaced highways
- 55 mph on dustless-surfaced highways not included in the Nebraska highway system
- 65 mph on four-lane divided highways not included in the Nebraska highway system
- 65 mph on state highways other than freeways or expressways
- 70 mph on expressways or super-two highways included in the Nebraska highway system
- 75 mph on the National System of Interstate and Defense Highways, except for certain areas where the limit is reduced to 65 mph
Under Nebraska Revised Statute § 60-682.01, speeding violations are fined based on the extent of the speed overage, such as:
- 1-5 mph over: $10 fine
- 6-10 mph over: $25 fine
- 11-15 mph over: $75 fine
- 16-20 mph over: $125 fine
- 21-35 mph over: $200 fine
- Over 35 mph over: $300 fine
Note that fines are doubled if the violation occurs within a school crossing zone or a maintenance, repair, or construction zone when workers are present.
Also, the state employs a point system to monitor driving offenses. Accumulating 12 points within two years may lead to license revocation or suspension. Speeding violations contribute points based on severity, such as:
- 1-5 mph over: 1 point
- 6-10 mph over: 2 points
- 11-15 mph over: 3 points
- 16-20 mph over: 4 points
- Over 20 mph over: 5 points
How Long Does a Speeding Ticket Stay on Your Record in Nebraska?
A speeding ticket stays on your driving record for five years.
How To Appeal A Traffic Ticket?
You may use the following strategies in contesting a traffic ticket in a Nebraska court:
- Challenge the Accuracy of the Officer's Observations: You may question whether the law enforcement officer correctly identified your vehicle or whether their view was obstructed at the time of the alleged violation. For instance, if you were cited for failing to yield or speeding, you may argue that the officer's angle or distance made it difficult to determine your actions accurately.
- Dispute the Calibration or Use of Speed-Detection Equipment: If the citation involves speeding, you can request proof that the radar or LIDAR device used was properly calibrated and maintained. Nebraska law enforcement agencies are required to keep calibration logs, and if the equipment was not tested according to protocol, this may cast doubt on the accuracy of the reading.
- Present Evidence of a Legitimate Emergency or Necessity: In some cases, it may be possible to argue that your actions were necessary due to an emergency. For example, rushing someone to the hospital or taking evasive action to avoid a hazard. Courts may consider this a mitigating factor if well-documented and sincere.
- Prove That You Were Not Driving: If the citation was issued after the fact (such as through a mailed notice or third-party complaint), you may be able to argue that you were not the person operating the vehicle at the time. Supporting evidence may include witness statements or surveillance footage.
- Highlight Procedural Errors or Incomplete Documentation: Courts in Nebraska require the citation to be completed accurately. If there are mistakes in the citation, such as the wrong license plate number, location, or date, or if required documentation was not provided or submitted improperly, this may be grounds for dismissal or at least a reduction of the charge.
While self-representation is permitted and may be effective for minor infractions in Nebraska courts, you should consider hiring an experienced traffic attorney to represent you in court in the following situations:
- If the violation may result in license suspension
- If you are charged with a more serious offense, such as reckless driving, DUI, or driving without insurance, you may face criminal penalties.
- If you hold a commercial driver's license (CDL); any infraction may have a significant impact on your career and ability to work.
- If the ticket involves an accident, particularly one with injuries or significant property damage.
How To Resolve an Out-of-State Traffic Ticket?
If you receive a traffic ticket in another state, the violation may be reported to the Nebraska Department of Motor Vehicles (DMV). Nebraska participates in two national agreements that facilitate the sharing of traffic violation data among states: the Driver License Compact (DLC) and the Nonresident Violator Compact (NVC).
Under the Driver License Compact, Nebraska agrees to treat out-of-state traffic convictions as if they occurred within the state. This means that if you are convicted of a traffic offense in another participating state, the violation will be assessed on your Nebraska driving record, and any applicable points will be assessed according to Nebraska's laws.
The Nonresident Violator Compact further ensures compliance by holding drivers accountable for unresolved citations issued in other member states. If you fail to respond to or resolve an out-of-state traffic ticket, for example, by not paying the fine or appearing in court, Nebraska may suspend your driving privileges for failure to comply until the matter is resolved with the issuing state.
You may contest out-of-state traffic tickets in the following ways:
- Determine Your Response Deadline: Each state sets a strict deadline by which you must respond to the citation, often ranging from 10 to 30 days. Failing to respond in time can result in additional penalties, including a default judgment, late fees, or even a license suspension under the Nonresident Violator Compact.
- Decide How You Want to Contest the Ticket: Depending on the issuing state's policies, you may be able to appear in person, submit a written defense, or even request a virtual hearing. In some cases, particularly for minor infractions, you may have the option to resolve the matter without physically traveling to the state.
- Contact the Court: Reach out to the court listed on the citation to confirm the procedures for contesting the ticket. Ask whether you can contest the violation remotely and what forms or documents are required. Some courts allow non-residents to submit notarized affidavits or request plea deals without attending a hearing in person.
- Gather Evidence and Prepare Your Defense: Begin preparing your defense by collecting any evidence that supports your case. This may include photographs of the area where the ticket was issued, GPS data, dashcam footage, witness statements, or proof of compliance such as repair receipts.
- Consider Hiring an Attorney in That State: If the violation is serious or if you are unable to appear in person, it may be wise to hire a local traffic attorney. A lawyer familiar with the court and local laws may represent you, negotiate for reduced penalties, or potentially have the charge dismissed.
How Do Nebraska Traffic Laws Differ From Other States?
Nebraska traffic laws share many similarities with those of other U.S. states. However, there are several ways in which Nebraska's traffic laws differ from those in other jurisdictions. The following are some unique traffic laws in the Cornhusker State:
- Nebraska law prohibits all drivers with a learner's permit (LPE or LPD) or a provisional operator's permit (POP) from using a cellphone in any capacity, including hands-free devices, while driving
- Nebraska is one of several states that have adopted the flashing yellow arrow for left turns, which means "yield to oncoming traffic and pedestrians before turning left".
- Drivers in both directions must stop for a school bus that is picking up or dropping off children on undivided two-lane roads, regardless of whether they are approaching or following the bus. Failing to stop can result in fines and points, even if no children are visible.
- Nebraska has specific laws allowing farm equipment to operate on public roads, but drivers must yield to faster-moving vehicles when possible.