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Speeding on suspended license

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Lumineer

Junior Member
What is the name of your state (only U.S. law)? Nebraska

About a month ago, I was driving down the highway in the middle of town and got clocked by a motorcycle cop going 64 in a 45 zone, while on a suspended license. I was cited for both such offenses (speeding 64 in a 45 zone; suspended license). The office didn't tow me, however, and let me go on my way to work. My appearance date is on Thursday the 10th at 1:30pm, where I can either plead guilty or not guilty. What I wanted advice on is what the best course of action is and whether or not I should hire a traffic attorney. Also, what would be possible punishments (I've heard of jail time, fines, impoundment, etc).

Things to consider:
1) I'm 19, so I'm younger and I work full-time

2) I lost my license in the first place due to numerous excessive speeding tickets (all 3 point offenses).
 


HighwayMan

Super Secret Senior Member
You sound like an awesome young driver. If I was you, yes I would hire an attorney. You need all the help you can get.

Maybe if your license was taken away for a while it would help straighten out your driving. Wait, that was done already and you just kept driving anyway, so there goes that theory.
 

I_Got_Banned

Senior Member
60-4,108. Operating motor vehicle during period of suspension, revocation, or impoundment; penalties.
(1) It shall be unlawful for any person to operate a motor vehicle during any period that he or she is subject to a court order not to operate any motor vehicle for any purpose or during any period that his or her operator's license has been revoked or impounded pursuant to conviction or convictions for violation of any law or laws of this state, by an order of any court, or by an administrative order of the director. Except as otherwise provided by law, any person so offending shall (a) for a first such offense, be guilty of a Class 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 period of one year from the date ordered by the court and also order the operator's license of such person to be revoked for a like period and (b) for each subsequent such offense, be guilty of a Class 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 period of two years from the date ordered by the court and also order the operator's license of such person to be revoked for 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 probation is revoked, whichever is later.

(2) It shall be unlawful for any person to operate a motor vehicle (a) during any period that his or her operator's license has been suspended, (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. Any person so 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 operate any motor vehicle for any purpose for a period of one year from the date ordered by the court, except that if the person at the time of sentencing shows proof of reinstatement of his or her suspended operator's license, proof of issuance of a new license, or proof of return of the impounded license, the person shall only be fined in an amount not to exceed one hundred dollars. If the court orders the person not to operate a motor vehicle for a period of one year from the date ordered by the court, the court shall also order the operator's license of such person to be revoked for 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 probation is revoked, whichever is later.​


Source:Laws 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.

Link: Nebraska Legislature - Revised Statutes Chapter 60

It doesn't mention any jail time in the statute I cited above, however, you would have to look under the "Penalties" section (for misdemeanors) to find out the exact penalty for your violation. Also, note that the law does have a provision for lowered penalties in case you are able to re-instate your license prior to your court date, however, in your case, it sounds like you will not be able to do that due to the prior court ordered (or) administrative suspension.

What you should have done is to apply for a restricted license which would have at least allowed you to drive to and from work. But you didn't do that!!!

Point is, get an attorney... This is a misdemeanor and upon conviction, it will remain on your criminal record for as long a you are alive.

Oh, and although this is obvious and yet you have not complied, but DO NOT DRIVE WHILE SUSPENDED.
 

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