Nebraska Statutes 60-4,184. Revocationof license; notice; failure to return license; procedure; penalty; appeal;effect
Within ten days after the revocation provided for by section 60-4,183, the director shall notify in writing the person whose operator’s license has been revoked that such license has been revoked. Such notice shall:
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 60-4,184
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the Department of Motor Vehicles. See Nebraska Statutes 60-465.01
- Director: shall mean the Director of Motor Vehicles. See Nebraska Statutes 60-466
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: shall mean every natural person, firm, partnership, limited liability company, association, or corporation. See Nebraska Statutes 60-476
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(1) Contain a list of the convictions for violations upon which the director relies as his or her authority for the revocation, with the dates of such violations upon which convictions were had and the dates of such convictions, the trial courts in which such judgments of conviction were rendered, and the points charged for each conviction;
(2) State the term of such revocation;
(3) Include a demand that the license be returned to the director immediately; and
(4) Be served by mailing it to such person by regular United States mail to the last-known residence of such person or, if such address is unknown, to the last-known business address of such person.
If any person fails to return his or her license to the director as demanded, the director shall immediately direct any peace officer or authorized representative of the director to secure possession of such license and return the license to the director. A refusal to surrender an operator’s license on demand shall be unlawful, and any person failing to surrender his or her license as required by this section shall be guilty of a Class III misdemeanor.
Any person who feels aggrieved because of such revocation may appeal from such revocation in the manner set forth in section 60-4,105. Such appeal shall not suspend the order of revocation of such license unless a stay of such order is allowed by a judge of such court pending a final determination of the review. The license of any person claiming to be aggrieved shall not be restored to such person, in the event the final judgment of a court finds against such person, until the full time of revocation, as fixed by the Department of Motor Vehicles, has elapsed.
Source
- Laws 1953, c. 219, § 3, p. 770;
- Laws 1955, c. 157, § 1, p. 460;
- Laws 1957, c. 242, § 32, p. 845;
- Laws 1957, c. 366, § 28, p. 1263;
- Laws 1959, c. 174, § 3, p. 627;
- R.R.S.1943, § 39-7,130;
- Laws 1975, LB 263, § 2;
- Laws 1989, LB 285, § 4;
- R.S.Supp.,1992, § 39-669.28;
- Laws 1993, LB 370, § 82;
- Laws 1999, LB 704, § 42;
- Laws 2012, LB751, § 41.