Speeding Tickets in NebraskaFighting a Speeding Ticket in Nebraska
Nebraska Points – Fines – Reciprocity and Other Issues
In Nebraska and in many states there are three main types of speed limits: absolute, presumed, and basics speed limits. If a driver does not comply with these limits, they will often receive a ticket which may require them to pay a fee upon conviction. In Nebraska, the conviction may also add points to a person’s driver’s license. Statutes and laws concerning speed violations are found in the Revised Statutes of Nebraska and in the Nebraska Rules of Road guide.
As mentioned, there are three types of speed limits. Most states including Nebraska have absolute speed limits. In the Revised States, the maximum speed for the state is 75 MPH. Unless noted elsewhere, exceeding this absolute speed would often result in a ticket. In general, exceeding the absolute speed limit in a strict liability crime and does not require the intent to speed. The fact that the absolute speed was exceeding is enough information and the action is illegal. The maximum speed limit in Nebraska is found in the Revised Statutes. In general, 75 MPH is the maximum speed on rural interstates including state freeways and federal interstate highways. On urban interstates such as a state expressway and other limited access roads, the maximum speed is 65MPH. The statute further declares that 60 MPH is the maximum speed on State highways. In residential areas and business districts, the maximum speed limits are 25 MPH and 20 MPH. While some states prescribe different speed limits for commercial vehicles like trucks, Nebraska speed limits apply to all vehicles.
The second type of speed limit is known as a presumed speed limit. Violations of a presumed speed limit occur when a person drives at a speed that is unreasonable given a special hazard or the conditions of the road. In these situations, a person may have been driving under the posted speed but still too fast for the road conditions. These violations are often related to weather conditions such driving too fast in the rain or the snow. In Nebraska, a driver cannot operate a vehicle at a speed “greater than is reasonable and prudent under the conditions. . .” and with regard to actual and potential hazards on the road. Therefore, a driver may receive a speeding ticket if a police officer believes that he or she was driving too fast given the conditions of the road.
The third speed limit type is related to the minimum speed that a person can drive in certain areas. In these cases, a driver is driving at a speed under the posted limit; however officers may judge that the speed is too slow and dangerous for the road. In Nebraska, drivers cannot operate motor vehicles at a speed that would prevent the normal and reasonable movement of traffic. If driving on a freeway in Nebraska, a vehicle cannot be operated at a speed less than 40 MPH.
Work Zones in Nebraska
In Nebraska, maximum speeds for work zones also defined as “maintenance, repair, or construction zones” are different from the general 75MPH for the entire state. In rural areas, the speed limit is 35 MPH and in urban areas, the speed limit is 25 MPH in work zones. Exceeding these speed limits will lead to doubling of the fines for speed violations.
No Pass Laws in Nebraska
Many states have laws that make it illegal to pass slow moving vehicles. While Nebraska does restrict passing in certain situations, drivers are generally allowed to pass vehicles on the right of that vehicle. In general, drivers can overtake and pass on the right of another vehicle when that vehicle is about to make a left turn. They can also pass on a two way street or highway with an unobstructed view and a sufficient amount of space for two or more lanes moving in the same direction. Drivers can also pass on the right on a one way street with an unobstructed view and sufficient space for two or more lanes of traffic moving in the same direction. (Nebraska Revised Statutes §60-6,134) The Nebraska Department of Roads may create no-passing zones when they determine that it would be unsafe or hazardous to pass or drive in certain areas. When the Department of Roads places signs and markings noting these zones, drivers must adhere and obey the restriction. (§60-6, 137)
Elements of a Speeding Offense in Nebraska
Elements of a speeding a charge are the necessary requirements for a person to be found guilty of the charge. In Nebraska, the essential elements of a speeding offense are the alleged speed of the defendant and maximum speed limit. Identity and vehicle are also important elements of the offense. Identity refers to the person alleged to have committed the crime. In speed limit violations, the prosecutor has the burden of proof. This means, that the prosecutor must prove each element of the charge or offense. In Nebraska, speeding violations are traffic offenses but are disposed of in the same manner as misdemeanors. In these cases, the prosecutor must prove each element of the crime beyond a reasonable doubt. If the prosecutor does not prove each, the defendant cannot be convicted be convicted of the speeding charge. Therefore for a speeding violation in Nebraska, the prosecutor must prove that the defendant was going the alleged speed. He or she must also show and prove that maximum speed at the site of the incident. He or she must show that the defendant was the actual person committed the speeding violation. Finally, the prosecutor must also show that ticketed vehicle was actual vehicle that was found speeding.