Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Thursday, July 13, 2006
Tougher penalties for DWI and related crimes go into effect Friday
'>New DUI penalties aim at worst cases
The Nebraska Legislature last session significantly increased the potential punishment for drunken drivers. The penalties for driving drunk, and driving really drunk, increase when the law goes into effect Friday (omaha.com)
LB925 toughens penalties for leaving the scene of an accident; causing an injury accident while intoxicated and for those caught driving at over .15% BAC. Also the statute enhances penalties for defendants who get caught again for DWI while they had pending cases.
Sec28-306(3)(b): If the proximate cause of the death of another is the operation
of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor
vehicle homicide is a Class III felony.
28-306(3)(c) If the proximate cause of the death of another is the operation
of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor
vehicle homicide is a Class II felony if the defendant has a prior
conviction for a violation of section 60-6,196 or 60-6,197.06, under a city
or village ordinance enacted in conformance with section 60-6,196, or under a
law of another state if, at the time of the conviction under the law of such
other state, the offense for which the defendant was convicted would have been
a violation of section 60-6,196.
60-6,197.03 Any person convicted of a violation of section 60-6,196
or 60-6,197 shall be punished as follows:
(2) If such person has not had a prior conviction and, as part of
the current violation, had a concentration of fifteen-hundredths of one gram
or more by weight of alcohol per one hundred milliliters of his or her blood
or fifteen-hundredths of one gram or more by weight of alcohol per two hundred
ten liters of his or her breath, such person shall be guilty of a Class
W misdemeanor, and the court shall, as part of the judgment of conviction,
revoke the operator’s license of such person for a period of one year from
the date ordered by the court. Such revocation shall be administered upon
sentencing, upon final judgment of any appeal or review, or upon the date that
any probation is revoked. If the court places such person on probation or suspends the
sentence for any reason, the court shall, as one of the conditions of
probation or sentence suspension, order that the operator’s license of such
person be revoked or impounded for a period of one year from the date ordered
by the court unless otherwise authorized by an order issued pursuant to
section 60-6,211.05, and such order of probation or sentence suspension shall
also include, as conditions, the payment of a five-hundred-dollar fine and
either confinement in the city or county jail for two days or the imposition
of not less than one hundred twenty hours of community service;
60-6,197.08 Sec. 14. Notwithstanding the provisions of section 60-498.02 or
60-6,197.03, a person who commits a violation punishable under subdivision
(3)(b) or (c) of section 28-306 or a violation of section 60-6,196, 60-6,197,
or 60-6,198 while participating in criminal proceedings for a violation of
section 60-6,196, 60-6,197, or 60-6,198, or a city or village ordinance
enacted in accordance with section 60-6,196 or 60-6,197, or a law of another
state if, at the time of the violation under the law of such other state,
the offense for which the person was charged would have been a violation of
section 60-6,197, shall not be eligible to receive a sentence of probation,
a suspended sentence, or an employment driving permit authorized under
subsection (2) of section 60-498.02 for either violation committed in this
state.
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