State v. Hernandez
Annotate this CaseBecause of Defendant Oscar Hernandez's third conviction for driving under the influence, the Nebraska Department of Motor Vehicles revoked his license. Defendant received an ignition interlock permit from the Department. Before the revocation expired, Defendant was involved in an accident while driving a vehicle that did not have an ignition interlock device. The State charged Defendant with driving during revocation under Neb. Rev. Stat. 60-6,197.06. The district court concluded that section 60-6,197.06 did not apply to Defendant's conduct and that Neb. Rev. Stat. 60-6,211.05(5) did. The Supreme Court affirmed the district court, holding (1) section 60-6,197.06 does not provide the penalty for a driver who has a valid ignition interlock permit but operates a vehicle not equipped with such a device; and (2) rather, that conduct is a Class II misdemeanor under section 60-6,211.05(5).
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