2006 Nebraska Revised Statutes - § 28-905 — Operating a motor vehicle or a vessel to avoid arrest; penalty.

Section 28-905
Operating a motor vehicle or a vessel to avoid arrest; penalty.

(1) Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest or citation for the violation of any law of the State of Nebraska constituting a misdemeanor, infraction, traffic infraction, or any city or village ordinance, except nonmoving traffic violations, commits the offense of misdemeanor operation of a motor vehicle to avoid arrest.

(2) Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest for the violation of any law of the State of Nebraska constituting a felony commits the offense of felony operation of a motor vehicle to avoid arrest.

(3) Operating a motor vehicle to avoid arrest under subsection (1) of this section is a Class I misdemeanor. The court shall, as part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of two years and shall order that the operator's license of such person be revoked for a like period.

(4) Operating a motor vehicle to avoid arrest under subsection (2) of this section is a Class IV felony. The court shall, as part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of two years and shall order that the operator's license of such person be revoked for a like period.

(5)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest or citation for the violation of any statute punishable as a misdemeanor or any city or village ordinance shall be guilty of misdemeanor operation of a vessel to avoid arrest.

(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class I misdemeanor. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of one year.

(6)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest for the violation of any statute punishable as a felony shall be guilty of felony operation of a vessel to avoid arrest.

(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class IV felony. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of two years.

(7) An order of the court under this section prohibiting operation of a vehicle or vessel and revoking the operator's license shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.


Source:
    Laws 1977, LB 38, § 190

    Laws 1980, LB 696, § 5

    Laws 1981, LB 76, § 1

    Laws 1993, LB 235, § 2

    Laws 2001, LB 38, § 2



~Revised Statutes Cumulative Supplement, 2006

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