60-4,107. Suspension or revocation; operation of vehicle prohibited; employment driving permit or medical hardship driving permit excepted.

Any resident or nonresident whose operator's license or right or privilege to operate a motor vehicle in this state has been suspended or revoked as provided in the Motor Vehicle Operator's License Act shall not operate a motor vehicle in this state under a license, permit, or registration certificate issued by any other jurisdiction or otherwise during such suspension or after such revocation until a new license is obtained when and if permitted under the act. Such persons shall be eligible to operate a motor vehicle, except a commercial motor vehicle, under an employment driving permit as provided by section 60-4,129 or a medical hardship driving permit as provided in section 60-4,130.01.

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Annotations

Circumstantial evidence may serve to establish the operation or actual physical control of a motor vehicle. State v. Hanger, 241 Neb. 812, 491 N.W.2d 55 (1992).

A former Nebraska resident whose Nebraska driver's license is suspended or revoked and who obtains a license issued by another state before the period of suspension or revocation expires is not authorized to operate a motor vehicle in Nebraska until a new license is obtained when and if permitted by this act. State v. Workman, 233 Neb. 503, 446 N.W.2d 16 (1989).

The gravamen of or the misconduct prohibited by this section and section 39-669.30 (transferred to section 60-4,186) is operation of a motor vehicle after judicial or administrative deprivation of the operator's privilege or license to operate a motor vehicle on the public highways of the State of Nebraska. Although the terms suspension and revocation were used interchangeably in this case, such misuse did not arise to the stature of sufficient prejudice to warrant reversal of judgment. State v. Jost, 219 Neb. 162, 361 N.W.2d 526 (1985).

This act refers to sections 60-401 to 60-440, and they have nothing to do with point system revocations. Buettner v. Sullivan, 191 Neb. 592, 216 N.W.2d 872 (1974).

While operator's license is suspended in this state, operation under license issued by another state can be had only when and if permitted. State v. Smith, 181 Neb. 846, 152 N.W.2d 16 (1967).

The privilege of operating a motor vehicle is not restored after revocation or suspension by lapse of time alone. State v. Ruggiere, 180 Neb. 869, 146 N.W.2d 373 (1966).

After suspension of license, right to operate motor vehicle depends upon the receipt of a new license. Tyrrell v. State, 173 Neb. 859, 115 N.W.2d 459 (1962).