Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Saturday, August 20, 2005
NeAG proposes stricter guidelines for Pardons Board's license reinstatements
Pardons Board standards for reinstating 15 year license suspensions had been informal, Ne AG Bruning recommends proof of sobriety and clean arrest record for at least 7 years for reinstatement consideration. By KEVIN O'HANLON / The Associated Press
The Nebraska Board of Pardons wants to tighten the requirements for restoring driving privileges to people with multiple drunken-driving convictions.What we're trying to do is standardize our policy ... to help us ensure consistency," said Attorney General Jon Bruning, who serves on the board with Gov. Dave Heineman and Secretary of State John Gale.There are 6,575 Nebraskans who have had their licenses revoked for 15 years because of three or more drunken-driving convictions.60-6.197.02
State law used to allow judges to lift the suspensions if the applicant had served at least five years of the suspension, completed a chemical dependency program, abstained from excessive use of drugs and alcohol and avoided additional convictions.ß 60-6,209 (Reissue 1993)).
But the state Supreme Court struck down the law and the Legislature shifted the responsibility of lifting license suspensions to the Pardons Board in 1998.State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996). Revised 60-6,209.
Problem, is, Bruning said, there are no formal rules for doing so.
"The law allows us to give pardons or reprieves ... for any reason or no reason," he said. "But we want to be consistent."
Generally, the board has required that people not have committed a felony for 10 years or a serious misdemeanor for three years.
Bruning said the board likely will change that rule to no arrests for seven years.
Bruning said the board also wants to set rules on measuring whether a person has quit drinking.
"We want some proof that they are on the straight and narrow," he said.
Bruning said it is likely the board will require proof that a person has been sober for at least five years.
The board will discuss the proposed rules Monday.
Bruning stressed that the board has no intention of coddling repeat DUI offenders.
"We start with the idea that we are not going to grant a reprieve except under extraordinary circumstances," Bruning said. "These people earned a 15-year suspension. Most of them have abysmal drinking and driving records.
"It's not uncommon for us to see six or seven DUIs — or more," he said.
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