If You Get a Ticket in Nebraska

Please note that your state and the Federal Motor Carrier Safety Administration (FMCSA) regularly update these CDL requirements. Please visit the Nebraska Department of Motor Vehicles website and the FMCSA website for the most authoritative and up-to-date information regarding CDL requirements and processes.

As a general rule, drivers who hold commercial driver’s licenses are held to much stricter standards for traffic violations and given harsher punishments than drivers of regular vehicles. Additionally, these harsher punishments apply whether the CDL holder was driving their personal vehicle or their commercial vehicle at the time of the violation.

It is important to note that Nebraska law counts traffic violations that occur in another state as part of the driver’s penalties. As a result, the driver may be punished more severely in court for a current violation because of the previous out-of-state traffic conviction. The outcome of these court proceedings can have a permanent effect on your driving record and your potential for employment. That’s why it’s important to have an experienced legal professional on your side, ready to take action as soon as a traffic violation occurs.

The number of points added to your driving record depends on the seriousness of the violation. In some cases, your license may be suspended temporarily or even permanently.

Most violation categories are the same for both commercial and personal vehicles, but there are some violations that are specific to commercial drivers only. These include failure to comply with federal logbook requirements and violating grade and weight restrictions. Logbook violation penalties are established in the Code of Federal Regulations (CFR). Weight and grade restriction penalties are established by Nebraska’s county legislatures.

Unlike many states, Nebraska does not allow commercial drivers who have had their license suspended to attend driver improvement courses to have their license reinstated or penalties reduced, or to enter plea agreements for DUI or serious traffic violations. Drivers must choose between pleading guilty and accepting the punishment handed down by the court system or pleading not guilty and going to court. To protect your license and driving record, it’s important to never plead guilty without the advisement of a lawyer trained in trucker law. An experienced professional who understands the law can help you make sure the outcome has the least impact on your record as possible.

Moving violations in the state of Nebraska include:

• Speeding: Fines increase for every five miles per hour the driver exceeds the posted limit. Excessive speeding can also result in points on your CDL and potential disqualification.
• Illegal lane changes: Making unsafe or abrupt lane changes without proper signaling is considered a serious traffic violation, especially in commercial vehicles due to their size and weight.
• Failure to stop at a red light or stop sign: Disregarding traffic signals or signs endangers others and is a common cause of accidents involving commercial motor vehicles.

Unlike many states, Nebraska allows commercial drivers to have their license suspended for up to a year for driving 15 miles per hour over the speed limit. It pays to have the protection of an attorney who understands Nebraska laws and regulations.

DUI violations in the state of Nebraska
CDL drivers with a first-time DUI offense in Nebraska will lose their license for one year. If the driver receives a second conviction, it will result in losing their license permanently.

In addition to license suspension and/or revocation, first-time DUI offenders will receive up to 60 days of jail time, and second-time offenders will receive up to 90 days in jail.
Major and serious offenses in Nebraska
Conviction of major or serious offenses by commercial drivers will result in disqualification. The eligibility for reinstatement varies depending on the severity of the violation. Some may be disqualified for up to 10 years. Any driver who uses a commercial vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance will be disqualified for life with no possibility of reinstatement.

The following violations are considered major offenses in Nebraska:

• Driving under the influence of alcohol: As defined by Nebraska state law, operating any vehicle while impaired can result in immediate CDL disqualification.
• Driving under the influence of a controlled substance: Operating a commercial vehicle while impaired by drugs is a major offense with severe legal consequences.
• Operating a commercial vehicle with an alcohol concentration of 0.04 or greater: This lower threshold applies specifically to commercial drivers and can result in suspension or revocation of your CDL.
• Refusing to take an alcohol test: Refusal is treated the same as a failed test and can result in an automatic license disqualification.
• Leaving the scene of an accident: Failing to stop, provide information, or render aid is a serious offense with both legal and CDL consequences.
• Using a commercial vehicle to commit a felony (excluding controlled substances): Felony misuse of a CMV can lead to permanent disqualification in some cases, even if the felony is unrelated to drugs.

The following violations are considered serious offenses in Nebraska:

• Speeding excessively: Defined as driving 15 mph or more over the posted speed limit. This is a major infraction under commercial driving laws.
• Reckless driving: As defined by Nebraska law, this includes any willful disregard for the safety of persons or property while operating a vehicle.
• Improper or erratic lane changes: Unsafe lane movements without proper signaling or awareness can endanger others and result in a citation or disqualification.
• Following too closely: Also known as tailgating, this offense occurs when a commercial driver fails to maintain a safe distance behind another vehicle.

Railroad crossing and out-of-service order offenses in Nebraska
As a commercial driver, your license and driving record are critical to your success and future employment potential. Don’t put your livelihood at risk by failing to protect yourself. For a minimal cost, you can have the protection and expertise of a knowledgeable legal professional who is dedicated to protecting your good driving record.

Remember, the most important thing to remember when you receive a ticket is that you should never just pay the ticket or the court fees without first talking to a legal representative who understands trucking laws. While you want to maintain a clean driving record, unforeseen violations can happen. When they do, you need expert legal protection. Drivers Legal Plan, the Nation's Leading CDL Defense Law Firm, is ready to defend your rights and your career.