Traffic lawyer in Omaha, Nebraska. A traffic ticket in Omaha can feel like one of those problems you’re supposed to handle quickly. Maybe alone.
Look at the fine. Pay the ticket. Complain about it for the rest of the afternoon to anyone within earshot. Move on.
Except paying a traffic citation can mean accepting a conviction, and the consequences aren’t always limited to the amount printed on the ticket.
Depending on the violation and your driving history, a conviction can add points to your Nebraska driving record, move you closer to losing your license, affect employment that requires driving, or expose you to consequences considerably more serious than a routine fine. Some allegations aren’t merely traffic infractions at all. They’re criminal traffic offenses.
At Miltenberger Law Offices, our experienced Omaha criminal defense attorneys represent drivers facing traffic violations and criminal traffic charges throughout Omaha, Douglas County, and communities across Nebraska.
Before assuming the easiest option is simply paying the ticket, it can be worth finding out what you’re actually agreeing to. Call us at (402) 217-2267 or reach out online for free, confidential legal advice regarding your traffic offense.
Article Summary: What You’ll Learn About Traffic Charges in Omaha
A traffic citation in Omaha can involve more than paying a fine and getting back on the road. Depending on the violation, a conviction may add points to your Nebraska driving record, threaten your driving privileges, or, in more serious cases, result in an actual criminal conviction.
This page explains the difference between ordinary traffic infractions and criminal traffic offenses in Nebraska, how the state’s point system works, and when speeding can develop into allegations of careless, reckless, or willful reckless driving. We also discuss suspended-license charges, traffic offenses following accidents, and the additional concerns facing commercial drivers.
Most importantly, you’ll learn why the consequences of a traffic citation depend on more than the fine printed on the ticket. Your existing driving record, the specific offense, the evidence behind the citation, and how you resolve the case can all matter.
A traffic stop may last only a few minutes. Before resolving the citation that comes from it, make sure you understand what could follow you long after you drive away.
Do I Need a Traffic Lawyer for a Ticket in Omaha?
Not every traffic citation in Omaha requires a traffic lawyer.
But not every traffic citation is as minor as it initially appears, either.
The first question isn’t simply, “How much is the fine?”
It’s what happens after you resolve the citation.
How many points could be assessed?
How many points are already on your record?
Could your driving privileges be affected?
Do you drive for work?
Is this actually a traffic infraction, or are you accused of a misdemeanor or felony involving a vehicle?
Are there prior convictions that could increase the consequences?
Was the citation issued after an accident?
Is the officer’s version of what happened supported by video, witnesses, or other evidence?
Those questions can matter much more than the dollar amount printed near the bottom of the citation.
A $100 problem and a driver’s-license problem are not necessarily the same problem.
Traffic Violations We Defend in Omaha, Nebraska
Traffic cases can range from relatively ordinary moving violations to criminal charges carrying the possibility of license revocation and other penalties.
Miltenberger Law defends clients in Omaha and across Nebraska facing allegations involving:
- Speeding and excessive speeding (Neb. Rev. Stat. § 60-682.01)
- Careless driving (Neb. Rev. Stat. § 60-6,212)
- Reckless driving (Neb. Rev. Stat. § 60-6,218)
- Willful reckless driving (Neb. Rev. Stat. § 60-6,214)
- Driving with a suspended or revoked license (Neb. Rev. Stat. § 60-4,108)
- Driving without a valid license (Neb. Rev. Stat. § 60-4,111)
- Leaving the scene of an accident (Neb. Rev. Stat. § 60-696)
- Failure to render aid (Neb. Rev. Stat. § 60-697)
- Failure to yield (Neb. Rev. Stat. §§§§ 60-6,147, 60-6,148, 60-6,149, 60-6,151)
- Improper lane changes (Neb. Rev. Stat. § 60-6,139)
- Following too closely (Neb. Rev. Stat. § 60-6,140)
- School bus violations (Neb. Rev. Stat. § 60-6,175)
- Distracted-driving violations (Neb. Rev. Stat. § 60-6,179.01)
- Commercial driver’s license violations (Neb. Rev. Stat. § 60-4,168 through §60-4,172)
- Accident-related traffic charges
- Other Nebraska moving violations
The fact that all of these offenses involve a motor vehicle doesn’t make them interchangeable.
Some primarily expose a driver to fines and points. Others can put the driver’s freedom and driving privileges at risk.
Knowing which kind of case you’re facing is a good place to start.
Traffic Infraction or Criminal Charge? Why the Difference Matters in Nebraska
A speeding ticket and a reckless driving charge may both begin with flashing lights in the rearview mirror.
Legally, they can lead to very different places.
Under Nebraska Revised Statute § 60-672, a traffic infraction is generally a violation of Nebraska’s Rules of the Road or another traffic law that has not otherwise been declared a misdemeanor or felony.
That’s the important dividing line.
A routine speeding violation, for example, is generally handled as a traffic infraction. It can still result in a fine and points on your driving record, but the offense itself isn’t classified as a misdemeanor or felony.
A criminal traffic offense is different.
Nebraska law specifically classifies certain driving conduct as criminal. Depending on the offense and circumstances, that can mean a misdemeanor or felony prosecution rather than merely resolving a traffic infraction.
Examples can include:
- DUI: A first or second offense is typically a Class W misdemeanor, while subsequent or high-BAC offenses can become felonies.
- Refusing a Breath/Blood Test: Refusing any chemical testing during a lawful DUI stop.
- Driving While Suspended/Revoked: Operating a vehicle while driving privileges are suspended or revoked by the state.
- Eluding/Avoiding Arrest: Operating a motor vehicle to intentionally flee or avoid a law enforcement officer.
- Reckless/Willful Reckless Driving: Driving in a rash or dangerous manner, or speeding by more than twice the posted speed limit.
- Leaving the Scene/Failure to Render Aid: Leaving an accident involving property damage or personal injury without exchanging information or rendering aid.
The distinction matters because criminal traffic offenses can potentially expose a defendant to:
- Jail or, for sufficiently serious offenses, imprisonment
- Criminal fines
- Court-ordered restrictions on driving
- License suspension or revocation
- Probation
- A criminal conviction
- Additional consequences for repeat offenses
There’s an important legal nuance here, too. Nebraska law provides that traffic infractions are generally treated procedurally in the same manner as misdemeanors unless the law provides otherwise. Nebraska courts have also described prosecution of a traffic infraction as a criminal action. That does not mean every traffic infraction is classified as a misdemeanor. Nebraska’s statutory definition specifically distinguishes a traffic infraction from an offense otherwise declared to be a misdemeanor or felony.
In plain English:
Something can be “a traffic case” without being a criminal traffic offense, and something that starts with a traffic stop can absolutely become a criminal case.
That’s why the exact statute listed on the citation matters.
How Nebraska’s Point System Can Affect Your Driver’s License
Points have a way of making individual tickets add up.
According to the Nebraska Department of Motor Vehicles, points are assessed to your driving record when you’re convicted of qualifying motor vehicle violations.
The number depends on the offense.
For example, the Nebraska DMV currently assesses:
- Careless driving: 4 points
- Reckless driving: 5 points
- Willful reckless driving: 6 points
- Leaving the scene of an accident: 6 points
- Failure to render aid in an accident: 6 points
- Certain handheld wireless-device violations: 3 points
Speeding can result in anywhere from zero to four points depending on how far above the posted speed limit the driver was traveling and the type of roadway involved.
One ticket might not put your license in immediate danger. Several tickets can be a different story.
Nebraska automatically revokes driving privileges when a driver accumulates 12 points within a two-year period. According to the DMV, a first point revocation lasts 6 months. A second point revocation within 5 years lasts 3 years.
And there’s another detail worth remembering:
The points are calculated based on the date of the violation, not simply when the case eventually reaches judgment.
If you already have points on your record, the ticket in your hand shouldn’t necessarily be considered in isolation.
Speeding Tickets in Omaha Can Add More Than a Fine
Speeding is probably the classic example of a ticket people assume they should simply pay.
Sometimes the point consequences are minimal. Sometimes they aren’t.
Nebraska’s point schedule considers both the amount by which a driver exceeded the limit and where the speeding occurred.
For example, driving more than 35 mph above the posted limit currently carries four points whether the violation occurs in a business or residential district, on a county road or state highway, or on the interstate.
At lower speeds, the points can differ according to the roadway.
A traffic defense attorney can also examine how the alleged speed was determined.
Depending on the case, that may involve:
- Radar or lidar evidence
- The officer’s observations
- Pacing by a patrol vehicle
- Dash-camera footage
- The location of the stop
- Posted speed-limit signage
- Other circumstances surrounding the alleged violation
A citation tells you what speed the officer alleges.
A traffic defense lawyer in Omaha can examine how that number got onto the citation in the first place.
Can You Fight a Traffic Ticket in Omaha?
Receiving a citation is not the same thing as being convicted. The appropriate defense depends on what you’re accused of and what evidence exists.
A traffic attorney may examine issues involving:
- The officer’s observations
- Video from the patrol vehicle or body camera
- Radar, lidar, or pacing evidence
- Witness accounts
- Road and weather conditions
- Traffic signs and markings
- Whether the alleged conduct satisfies every element of the offense
- Statements made during the stop
- Evidence from an accident scene
- Your driving record and prior convictions
The defense isn’t necessarily, “The officer is lying.”
That’s a remarkably narrow way to think about a traffic case.
An officer can accurately describe what they observed while there is still a legitimate dispute about what those observations establish under Nebraska law.
The question isn’t whether a citation was written. It’s whether the government can prove the violation printed on it.
What Should You Do After Receiving a Traffic Citation in Omaha?
Start by actually reading it.
That sounds obvious.
You would be surprised.
Identify the exact offense, statute, court information, and deadlines listed on the citation. Don’t assume that every traffic matter can simply be paid online or that paying it carries no consequences beyond the fine.
You should also consider checking your current Nebraska driving record, particularly if you’ve had other violations during the past two years.
If the charge involves an accident, preserve any photographs, videos, dash-camera footage, witness information, or other evidence you have. Video has an unfortunate tendency to disappear when businesses overwrite surveillance systems.
And if you’re facing a criminal traffic charge, substantial points, possible license consequences, or a violation that could affect your livelihood, speak with an Omaha traffic attorney before deciding how to resolve the case.
Traffic Violations Can Be Especially Serious for CDL Holders
If you drive commercially, a traffic conviction can affect more than your personal driving record.
Nebraska law identifies certain violations as “serious traffic violations” for commercial-license purposes, including speeding at least 15 mph over the posted limit, reckless or willful reckless driving, improper lane changes, following too closely, and certain mobile-device offenses.
If your paycheck depends on your CDL, it makes sense to understand the licensing consequences before resolving the citation.
Why Hire Miltenberger Law for a Traffic Case in Omaha?
A traffic case isn’t important because every citation is catastrophic.
Most aren’t.
It’s important because the consequences are different for every driver.
A speeding ticket means something different to someone with a spotless record than it does to someone sitting at nine points.
A reckless-driving allegation means something different to someone who rarely drives than it does to someone whose job requires a valid license.
And a criminal traffic charge is considerably different from a routine moving violation, even though both may begin with an officer handing you a piece of paper through the driver’s-side window.
At Miltenberger Law, our skilled legal team takes the time to determine what you’re actually facing before deciding how the case should be handled.
We can review the citation, your driving history, the evidence surrounding the stop or accident, the applicable Nebraska law, and the potential consequences of a conviction.
Then we build the defense around the case you actually have.
Not every ticket should be treated like a felony.
But no traffic case should be treated like it doesn’t matter until you know what it can cost you.
Talk to an Omaha Traffic Lawyer Before You Simply Pay the Ticket
Maybe you’re facing a speeding ticket. Maybe an officer accused you of careless or reckless driving. Maybe you learned during the traffic stop that your license isn’t as valid as you thought it was. Or maybe what started as a routine stop has resulted in an actual criminal charge.
Whatever brought you here, find out what the citation means before deciding how to respond to it.
Miltenberger Law represents drivers in Omaha, Douglas County, and across Nebraska. Call (402) 217-2267 or contact our office online to discuss your traffic case with an experienced Omaha traffic lawyer.
Paying a ticket may be quick. Understanding what you’re paying for is better.
