60-6,212. Careless driving, defined.
Any person who drives any motor vehicle in this state carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.
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Careless driving is a lesser-included offense of reckless driving. State v. Howard, 253 Neb. 523, 571 N.W.2d 308 (1997).
The failure of this section to limit the proscription as to careless driving to the public roads is not an impermissible, unconstitutional overbreadth. The statutory language, carelessly or without due caution, is not unconstitutionally vague. State v. Merithew, 220 Neb. 530, 371 N.W.2d 110 (1985).
This section, which provides that any person who operates a motor vehicle in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of careless driving, is vague and indefinite, and is thus unconstitutional. State v. Huffman, 202 Neb. 434, 275 N.W.2d 838 (1979). This case applies to section 39-669 as it existed prior to being repealed by Laws 1979, LB 575, section 3.
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