You check your rearview mirror and see flashing lights. The officer hands you a citation for following too closely on O Street. Your first question: “Is this a criminal charge?” In Nebraska, most routine traffic violations aren’t crimes—they’re traffic infractions that result in fines and points but no criminal record.
Nebraska’s Rules of the Road establish that unless a specific driving offense is labeled otherwise, it’s a traffic infraction. Traffic infractions carry fines and administrative consequences, such as license points, but they don’t result in jail time or a criminal record. Criminal traffic offenses like driving under the influence (DUI), reckless driving, and driving on a suspended license operate under different statutes and carry misdemeanor or felony classifications with potential incarceration.
Liberty Law Group helps Nebraska drivers understand which citations require legal defense and which can be resolved through fine payment, recognizing that even “simple” infractions sometimes warrant strategic intervention to protect licenses, insurance rates, and employment.
Key Takeaways for Nebraska Traffic Infractions
- Most Nebraska Rules of the Road violations default to traffic infractions unless the statute specifically classifies them as misdemeanors or felonies
- Traffic infractions carry fines and license points, but don’t result in jail time or criminal records that appear on standard background checks
- DUI, reckless driving, and driving on a suspended license constitute criminal charges with potential incarceration, not civil infractions
- Some conduct gets upgraded from infraction to criminal charge based on speed, injury, school zones, repeat offenses, or how prosecutors choose to charge it
- Traffic infractions still affect insurance rates, license status, and employment for commercial drivers, even though they’re not criminal
What Makes a Traffic Violation an Infraction Instead of a Crime in Nebraska
Nebraska Revised Statute § 60-682 establishes traffic infractions as violations of the Rules of the Road provisions that aren’t classified as misdemeanors or felonies. The statute specifies that traffic infractions are treated more like non-jailable violations, with fine-only penalties and points, and generally do not result in a criminal conviction record, unlike misdemeanors. As such, defendants in infraction cases aren’t entitled to jury trials or appointed counsel.
When the Nebraska Rules of the Road don’t specify a penalty for a particular violation, Nebraska Revised Statute § 60-689 provides the default: a fine-only penalty with no jail time. This structure means most everyday driving violations, like speeding, failure to yield, improper lane changes, following too closely, default to infraction status unless the legislature explicitly makes them criminal.
Traffic infractions proceed through county court, where you can contest citations, negotiate with prosecutors, or pay fines without court appearances for many violations. The process resembles civil litigation more than criminal prosecution, with lower burdens of proof and streamlined procedures focused on fine collection rather than incarceration.
Common Nebraska Driving Offenses That Are Traffic Infractions
Nebraska treats numerous driving violations as traffic infractions when they don’t involve aggravating circumstances, injuries, or intentional disregard for safety.
Speeding Violations
Basic speeding citations constitute traffic infractions in Nebraska. Officers issue citations for exceeding posted speed limits, and fines increase with speed over the limit. Speeding violations add points to your driving record with points escalating to higher totals for greater speeds.
However, excessive speeding sometimes triggers reckless driving charges instead of simple infractions. Officers possess discretion to charge reckless driving when speeds suggest willful disregard for safety, transforming what might have been an infraction into a criminal misdemeanor.
Failure to Yield and Right-of-Way Violations
Failure to yield the right of way, improper turning, and similar violations typically constitute traffic infractions. These citations arise from intersection conduct, lane merges, and situations where drivers fail to follow right-of-way rules established in Nebraska’s Rules of the Road.
Right-of-way violations that cause accidents sometimes lead to additional charges depending on injury severity and whether the conduct suggests criminal negligence. Absent those factors, basic failure-to-yield citations remain infractions carrying fines and points.
Improper Lane Use and Following Too Closely
Lane violations, like improper lane changes, failure to maintain lane, and crossing center lines, generally constitute traffic infractions. Following too closely (tailgating) similarly results in infraction citations in most circumstances.
These violations become criminal charges when they contribute to accidents causing serious injuries or when they’re charged as reckless driving based on egregious conduct endangering others.
Seat Belt and Occupant Protection Violations
Nebraska DUI law requires seat belt use for drivers and front-seat passengers, and child restraint systems for young passengers. Violations of these occupant protection requirements result in fine-focused citations treated as infractions, not criminal charges.
Seat belt enforcement emphasizes fine collection rather than criminal penalties, with violations resulting in modest fines and no license points in many cases. The Nebraska Department of Transportation focuses these enforcement efforts on compliance and safety rather than criminal prosecution.
Equipment Violations
Broken taillights, expired registration, defective equipment, and similar mechanical or administrative violations typically constitute infractions. Officers issue fix-it tickets requiring proof of correction, or they issue citations carrying small fines when violations pose minimal safety risks.
Equipment violations rarely escalate to criminal charges unless they contribute to accidents or involve fraudulent documentation like fake registrations or altered inspection certificates.
When Traffic Conduct Becomes Criminal in Nebraska
Certain driving offenses always constitute criminal charges regardless of circumstances, while other conduct escalates from infraction to crime based on severity, harm, or repeat violations.
DUI and Impaired Driving
Operating a vehicle while intoxicated or under the influence of drugs constitutes a criminal offense in Nebraska, not a traffic infraction. First-offense DUI charges constitute Class W misdemeanors carrying minimum seven-day jail sentences, fines, license revocation, and ignition interlock requirements.
DUI penalties escalate significantly for repeat offenses, with third offenses constituting felonies carrying one to five years imprisonment. DUI charges proceed through criminal court with full constitutional protections including jury trial rights, appointed counsel for indigent defendants, and criminal procedure rules.
Reckless Driving
Reckless driving under Nebraska Revised Statute § 60-6,213 involves driving in willful or wanton disregard for the safety of persons or property. This Class III misdemeanor carries a maximum of three months in jail, $500 fine, or both, plus license suspension.
Officers charge reckless driving when conduct exceeds ordinary negligence and demonstrates conscious disregard for safety. Excessive speeding, aggressive driving, street racing, and similar conduct trigger reckless driving charges that create criminal records and carry potential incarceration.
Driving on Suspended, Revoked, or Impounded License
Operating vehicles while licenses are suspended, revoked, or impounded constitutes criminal conduct in Nebraska. First violations typically constitute Class III misdemeanors, while subsequent violations escalate to Class II or Class I misdemeanors depending on circumstances.
These charges carry potential jail sentences ranging from seven days to one year, depending on violation severity and criminal history. Driving during suspension also extends underlying suspension periods and creates additional licensing obstacles beyond criminal penalties.
Leaving Accident Scenes
Drivers involved in accidents must stop, provide information, and render aid when necessary. Leaving accident scenes violates Nebraska law, with penalties escalating based on accident severity.
Leaving accidents involving property damage constitutes a Class II misdemeanor. Leaving accidents involving injuries escalates to Class I misdemeanor or felony charges depending on injury severity. These charges carry substantial jail time and create serious criminal records beyond typical traffic infractions.
How Traffic Infractions Affect Your Life Even Though They’re Not Criminal
Traffic infractions avoid criminal record consequences, but they still create significant practical problems that affect insurance, employment, and driving privileges.
License Points and Suspension Risk
Nebraska’s point system assigns points to moving violations based on offense severity. Accumulating twelve points within two years triggers license suspension. While individual infractions carry modest point totals, accumulating multiple violations within short timeframes creates suspension risk.
License suspensions affect employment for commercial drivers and others whose work requires driving. Reinstatement after point-based suspension requires waiting periods, reinstatement fees, and sometimes defensive driving courses before licenses are restored.
Insurance Premium Increases
Insurance companies monitor driving records and adjust premiums based on violation history. Traffic infractions trigger rate increases that persist for three to five years depending on insurer policies. Multiple violations compound these increases, sometimes doubling or tripling premiums.
Serious infractions, such as speeding 20 mph or more over the limit, trigger larger premium increases than minor violations. Some insurers drop coverage entirely for drivers with multiple violations within a short period, forcing them into high-risk insurance markets with substantially higher costs.
Employment Consequences for Commercial Drivers
Commercial driver’s license holders face stricter standards than regular drivers. Traffic infractions that seem minor to regular drivers can jeopardize CDL privileges and employment opportunities. Federal Motor Carrier Safety Administration regulations establish disqualification periods for various violations, and employers terminate drivers whose violations create liability risks or regulatory compliance problems.
Background Check Considerations
Traffic infractions typically don’t appear on criminal background checks because they’re not criminal offenses. However, driving record checks obtained through the DMV reveal infraction history, and some employers review complete driving records as part of hiring processes.
Multiple traffic infractions suggest poor judgment or careless driving habits that concern employers, even in the absence of criminal convictions. Professional licensing boards similarly review driving records when applicants’ work involves driving or when multiple violations suggest character concerns.
When You Need an Attorney for a “Simple” Traffic Ticket
Some traffic infractions don’t require attorney representation. You may feel comfortable paying the fine, accepting the points, and moving on. However, certain situations warrant consulting criminal defense attorneys even for infraction-level citations.
Approaching License Suspension Thresholds
Drivers approaching twelve-point totals need dUI attorneys to negotiate charge reductions that avoid suspension-triggering point accumulations. Reducing speeding charges to non-moving violations or negotiating alternative penalties preserves driving privileges critical for employment and daily life.
Commercial Driver Employment at Risk
CDL holders should consult attorneys for any traffic violations threatening commercial driving privileges. Federal disqualification rules create harsh consequences for violations that seem minor to regular drivers, and strategic defense preserves commercial employment opportunities worth substantially more than attorney fees.
Tickets That Might Be Charged as Criminal Offenses
When citations involve high speeds, aggressive driving, or accident circumstances that might support reckless driving charges, attorney consultation helps defendants understand whether they’re facing infractions or criminal charges. Early representation sometimes persuades prosecutors to charge infractions rather than criminal offenses when facts permit both approaches.
Insurance Consequences Exceeding Fine Amounts
When premium increases from traffic violations will cost thousands of dollars over coming years, paying attorneys to negotiate charge reductions or fight citations becomes economically rational. Spending $500 to reduce a charge that would cost $3,000 in increased premiums makes financial sense.
Defending Traffic Infractions in Nebraska County Courts
Traffic infractions proceed through county courts with procedures simpler than criminal trials but more formal than simply paying fines by mail.
Contesting Citations
Defendants can contest traffic citations by pleading not guilty and requesting trials. Infraction trials don’t require juries, judges decide cases based on officer testimony and defendant evidence. Officers must prove violations by preponderance of evidence (more likely than not), a lower standard than criminal cases’ beyond a reasonable doubt requirement.
Successful defenses challenge officer observations, demonstrate equipment malfunctions, present witness testimony contradicting citations, or establish that conduct didn’t violate statutes as charged. Dashboard camera footage, GPS data, and other objective evidence sometimes contradicts officer claims and leads to dismissals.
Negotiating with Prosecutors
Many county courts allow informal negotiations where defendants discuss citations with prosecutors before trial. Prosecutors sometimes agree to reduce charges to non-moving violations, lower speeds, or alternative penalties when defendants present clean driving records or mitigating circumstances.
These negotiations avoid trial time and create mutually acceptable resolutions where defendants accept responsibility and pay fines while avoiding worst-case scenarios and insurance consequences.
Payment Plans and Fine Reduction
Courts offer payment plans for defendants unable to pay fines immediately. Some jurisdictions reduce fines for defendants demonstrating financial hardship or completing defensive driving courses.
Defensive driving courses sometimes reduce point assessments or satisfy court requirements in lieu of higher fines. These alternatives help defendants manage infraction consequences while maintaining compliance with court orders.
FAQ: Nebraska Traffic Infractions vs Criminal Charges
Is Speeding Always a Civil Infraction in Nebraska?
Basic speeding violations typically constitute traffic infractions in Nebraska, carrying fines and license points, but no criminal record or jail time. However, excessive speeding sometimes triggers reckless driving charges that constitute criminal misdemeanors. The distinction depends on speed, circumstances, and officer discretion in charging decisions.
Do Traffic Infractions Go on Your Record and Add Points?
Yes. Traffic infractions appear on driving records maintained by the Nebraska DMV and add points based on violation severity. Accumulating twelve points within two years triggers license suspension. Insurance companies review driving records and increase premiums based on infraction history, even though infractions aren’t criminal offenses.
When Does a Simple Ticket Become a Criminal Charge?
Traffic conduct becomes criminal when it involves DUI, reckless driving, driving on a suspended license, or leaving accident scenes. Some violations that might be infractions in ordinary circumstances escalate to criminal charges when they cause injuries, occur in school zones, involve excessive speeds, or represent repeat offenses. Officer and prosecutor discretion significantly influences charging decisions for borderline conduct.
Can a Ticket Be Dismissed If You Prove You Had Insurance?
Proof-of-insurance citations are sometimes dismissed when defendants demonstrate that they maintained the required coverage at the time of the citation. Courts require documentation like insurance cards, policy declarations, or insurer letters confirming coverage dates. Some jurisdictions assess administrative fees or court costs even when dismissing underlying charges, so complete dismissal depends on local court practices.
Can I Just Pay the Fine Instead of Going to Court for a Traffic Infraction?
Yes, for most traffic infractions in Nebraska. Many citations are “waiverable,” meaning you can pay the fine by mail or online without appearing in court. Paying the fine admits the violation and adds points to your license. Some citations require mandatory court appearances.
Determining Your Options After a Nebraska Traffic Stop
Most Nebraska traffic violations constitute infractions carrying fines and points rather than criminal charges threatening jail time and permanent records. However, infractions still create real consequences through insurance increases, license points, and employment effects for commercial drivers. Strategic response minimizes long-term costs that often exceed initial fine amounts.
Criminal traffic charges like DUI, reckless driving, and driving on suspended license demand immediate DUI defense attorney consultation. These charges create permanent criminal records, carry potential incarceration, and trigger consequences that extend far beyond driver’s license points and insurance premiums.
Liberty Law Group defends traffic violations in Nebraska courts, from infractions threatening licenses and insurance rates to criminal charges carrying jail time. Contact our Lincoln or Omaha office to discuss your citation and determine the most effective response for your situation.
