Is there any chance this will get dismissed? POP Permit Violation

[Mta100]

Early this morning at approximately 4:30 a.m. I was parked in a parking behind a strip mall. Country Sheriffs approached my car and questioned me about why I was there and I asked to search my car, I said no. I am only 17 and in my county you must have a Operator's License in order to drive between the hours 1-6 a.m. The sheriffs cited me with a POP Permit Violation, but I was NOT presently driving or (operating a motor vehicle) as stated under the statute 60-4,120.02. So basically, they did not catch me driving past the "curfew." I am curious to as if the charge will stick, basically hoping it will simply be dismissed with the help of a good litigation lawyer. An opinion on whether it will be dismissed or not would be appreciated.

All this occurred in Omaha, (Sarpy County) NebraskaWhat is the name of your state (only U.S. law)?

 

[HighwayMan]

but I was NOT presently driving or (operating a motor vehicle) as stated under the statute 60-4,120.02.

And where is that stated in the statute?? Did you expect the deputies to believe that Scotty beamed you and your car down from the Enterprise?


60-4,120.02. Provisional operator's permit; violations; revocation.

(1) Any person convicted of violating a provisional operator's permit issued pursuant to section 60-4,120.01 by operating a motor vehicle in violation of subsection (3) of such section shall be guilty of an infraction and may have his or her provisional operator's permit revoked by the court pursuant to section 60-496 for a time period specified by the court. Before such person applies for another provisional operator's permit, he or she shall pay a reinstatement fee as provided in section 60-499.01 after the period of revocation has expired.

(2) A copy of an abstract of the court's conviction, including an adjudication, shall be transmitted to the director pursuant to sections 60-497.01 to 60-497.04.

(3) For purposes of this section, conviction includes any adjudication of a juvenile.

 

[Mta100]

right here

Any person convicted of violating a provisional operator's permit issued pursuant to section 60-4,120.01 by operating a motor vehicle in violation of subsection (3)

I don't see how what the deputy thinks about how we GOT there matters at all in this case. Also, we had been there for awhile, although I'm not sure it was before 1.

 

[Mnemosyne]

Where were you seated in the vehicle? Where were the keys?

 

[Mta100]

the keys were in the ignition but only because i had to open the window.....i was in the drivers seat but in a laying position.

 

[Mnemosyne]

In other words, you were in a position to control the movements of the vehicle. In several states, that is sufficient to meet the definition of operating a vehicle. You should research whether this is true of Nebraska.

 

[Free_Advice]

I think that it would be required that the officer witnessed the OP actually driving the vehicle.

Another aspect is where he cited you...on private property.

Do the police need permission in your state to enforce traffic laws on private property (ie permission from the property owner).

Not familiar with NE law (who is??? there are what, 10 people in the state lol) but in other states it is required to get permission to enforce these types of laws.

No lawyer is needed for these defenses ... just ask the cop "did you witness the defendant driving the vehicle?" he'll say no. Stop questioning & ask for a summary judgment or acquittal.

The other issue (if he can enforce the traffic code), if found out that permission is needed & you do a FOIA request for the letter of permission & it comes back nada; then this would be addressed prior to trial in a motion to dismiss ~ 'cause it would not matter if you were driving; the officer had no jurisdiction to write a ticket.

And you do not have to answer any questions & if demanded by the court, take the 5th.

 

[Mta100]

That's exactly what I'm saying, I wasn't actually driving the vehicle so I don't understand how it can be considered violating the statute since it says you have to be operating the vehicle past curfew. I was only parked.

I'm hiring a lawyer because the resources for one are available for me.

And I'm certainly finding Nebraska laws difficult to find.

 

[CdwJava]

Or, the officer is relying on common sense to say that you drove yourself to the location. You are correct that the provisions of 60-4,120.01 requires you to have been on the "highways" of your state, but this may be able to be inferred rather than observed. I cannot say what the status of the law is in your state, but maybe you'll find out at court.

I have to ask ... what were you doing parked behind the strip mall at 4:30 AM? Certainly, it was not to enjoy the scenery.

And won't an attorney cost more than the fine??

 

[davew128]

So what WERE you doing there and how long had you been there?

 

[HighwayMan]

You are correct that the provisions of 60-4,120.01 requires you to have been on the "highways" of your state...

Good possibility that this includes any area open to public motor vehicle traffic, not just an actual road.

 

[HighwayMan]

I think that it would be required that the officer witnessed the OP actually driving the vehicle.

Are you aware that "operation" is often defined as exactly what the OP was doing, i.e. seated behind the wheel with the keys in the ignition?

 

[HighwayMan]

You are correct that the provisions of 60-4,120.01 requires you to have been on the "highways" of your state, but this may be able to be inferred rather than observed.

For some reason, unlike the OP, I find Nebraska laws fairly easily...

Section 60-470
Highway, defined.

Highway shall mean the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of motor vehicle travel.

 

[asiny]

From a quick look around - could the officer amend the violation to a curfew violation? I cannot find it in on a legal site but a search results in the same findings - 17 and < have a curfew of midnight - this was 0430hrs.