Saturday, October 03, 2009
Nebraska Supreme Court allows Lancaster County District Court judge to order a two year license revocation to commence as soon as the state released defendant from prison or put him on parole. State v. Fuller, S-08-1253, 278 Neb. 585 "§ 60-4,108, states a license revocation is to begin on the date that is ordered by the court. Obviously, some drivers may not be in a position to drive until they have served their sentence of incarceration. Therefore, the court is given the discretion to determine when the license revocation pursuant to § 60-4,108 is to begin, including after the completion of a period of confinement. ..Section 60-4,108 is not ambiguous. The language "from the date ordered by the court," see id., clearly means "from the date selected by the court," giving the district court the discretion to determine the beginning date of the operator’s license revocation. "