60-4,108. Operating motor vehicle during period of suspension, revocation, or impoundment; penalties; juvenile; violation; handled in juvenile court.

(1) It shall be unlawful for any person to operate a motor vehicle during any period that he or she is subject to a court order not to operate any motor vehicle for any purpose or during any period that his or her operator's license has been revoked or impounded pursuant to conviction or convictions for violation of any law or laws of this state, by an order of any court, or by an administrative order of the director. Except as otherwise provided by subsection (3) of this section or by other law, any person so offending shall (a) for a first such offense, be guilty of a Class II misdemeanor, and the court shall, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of one year from the date ordered by the court and also order the operator's license of such person to be revoked for a like period, unless the person was placed on probation, then revocation may be ordered at the court's discretion, (b) for a second or third such offense, be guilty of a Class II misdemeanor, and the court shall, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of two years from the date ordered by the court and also order the operator's license of such person to be revoked for a like period, and (c) for a fourth or subsequent such offense, be guilty of a Class I misdemeanor, and the court shall, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of two years from the date ordered by the court and also order the operator's license of such person to be revoked for a like period. Such orders of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

(2) It shall be unlawful for any person to operate a motor vehicle (a) during any period that his or her operator's license has been suspended, (b) after a period of revocation but before issuance of a new license, or (c) after a period of impoundment but before the return of the license. Except as provided in subsection (3) of this section, any person so offending shall be guilty of a Class III misdemeanor, and the court may, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of one year from the date ordered by the court, except that if the person at the time of sentencing shows proof of reinstatement of his or her suspended operator's license, proof of issuance of a new license, or proof of return of the impounded license, the person shall only be fined in an amount not to exceed one hundred dollars. If the court orders the person not to operate a motor vehicle for a period of one year from the date ordered by the court, the court shall also order the operator's license of such person to be revoked for a like period. Such orders of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

(3) If a juvenile whose operator's license or permit has been impounded by a juvenile court operates a motor vehicle during any period that he or she is subject to the court order not to operate any motor vehicle or after a period of impoundment but before return of the license or permit, such violation shall be handled in the juvenile court and not as a violation of this section.

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Annotations

Under this section, a conviction under subsection (2) may not be used to enhance a conviction under subsection (1) to a second, third, or subsequent offense. State v. Mendoza-Bautista, 291 Neb. 876, 869 N.W.2d 339 (2015).

Application of this section is not limited to the operation of a motor vehicle on a public highway. State v. Frederick, 291 Neb. 243, 864 N.W.2d 681 (2015).

The language "from the date ordered by the court" means "from the date selected by the court." State v. Fuller, 278 Neb. 585, 772 N.W.2d 868 (2009).

The penalty of 1 or 2 years' suspension found in this section does not constitute cruel and unusual punishment. State v. Green, 236 Neb. 33, 458 N.W.2d 472 (1990).

Sentence which ordered suspension of driver's license for one year following release from jail upon conviction of second offense driving while under suspension does not conform to sentencing requirements of this statute. State v. Moore, 215 Neb. 229, 337 N.W.2d 782 (1983).

Not abuse of discretion for court to deny probation and impose mandatory sentence under the statute following conviction. State v. Adams, 198 Neb. 729, 255 N.W.2d 280 (1977).

This section provides only penalty for driving motor vehicle while driver's license is suspended. Stuckey v. Rohnert, 179 Neb. 727, 140 N.W.2d 9 (1966).

Penalty for violation of this section is increased upon conviction of second offense. State v. Steemer, 175 Neb. 342, 121 N.W.2d 813 (1963).

The provisions of this section providing an increased penalty for second offense is not ex post facto as to a first offense committed prior to the enactment thereof. State v. Steemer, 175 Neb. 342, 121 N.W.2d 813 (1963).