Discrepancy between Omaha and State DUI penalties allows drunk drivers to walk

Repeat offender Drink Drivers' attorneys are taking advantage of a loophole thanks to the Nebraska Supreme Court that lets them walk with greatly reduced sentences for multiple convictions. KETV NewsWatch 7 followed a drunk driving defendant who had multiple convictions for drunk driving and the last time seriously injured other mototiests but received probation instead of jail time. Thanks to the Nebraska Supreme Court decision in State v Loyd, 265 Neb. 232 (Neb 2003) Prosecutors may not charge drunk driving defendants as repeat offenders if the prior offenses occurred between 1999 and 2003 and the City of Omaha charged them for violating the City's drunk driving ordinance (Omaha Mun. Code, ch. 36, art. III, § 36-115 (1998). The City ordinance penalty provisions for second offense drunk driving varied from the State law prescribed punishment (Neb. Rev. Stat. § 60-6,196 (Cum. Supp. 2000). In Loyd, the Supreme Court held because of this discrepancy, no City conviction is valid. The news report states several cases are up on appeal regarding this issue.