Bellevue, NE traffic lawyer. A traffic ticket in Bellevue, NE can feel like one of those problems you’re supposed to handle quickly. Maybe alone.
So you pay for it. Maybe grumble about the whole thing on the drive home. Then you forget about it.
Paying a traffic citation can mean accepting a conviction, and that conviction becomes part of your Nebraska driving record. Depending on the offense and what is already on your record, you could be looking at points, problems with your driver’s license, employment consequences if you drive for work, and other repercussions that cost considerably more than the original 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 Bellevue, NE criminal defense attorneys represent people facing everything from everyday traffic citations to serious criminal traffic offenses throughout the Bellevue area and 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.
What You’ll Learn About Fighting a Traffic Charge in Bellevue, NE
A traffic citation in Bellevue, NE 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 walks you through what Nebraska drivers should know before deciding how to handle a citation. That includes how to tell the difference between a traffic infraction and a criminal offense, how points are assessed under Nebraska law, and why certain allegations, such as reckless driving, driving while suspended, or offenses arising from a crash, deserve particular attention. We’ll also explain why CDL holders have additional reasons to take even seemingly minor violations seriously.
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.
When Is It Worth Hiring a Traffic Lawyer in Bellevue, NE?
Not every traffic citation in Bellevue, NE 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?
And sometimes the word “ticket” understates the situation entirely. Nebraska prosecutes certain vehicle-related conduct as a misdemeanor or felony. At that point, you’re no longer deciding whether it’s worth fighting a routine citation. You’re dealing with a criminal case
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 Bellevue, NE
A traffic case can involve something as familiar as a speeding ticket or something far more serious, including allegations that can threaten your driver’s license and result in criminal penalties.
Miltenberger Law defends clients in Bellevue 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
They may all begin with something that happened behind the wheel, but the potential consequences can be dramatically different.
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.
What’s the Difference Between a Traffic Infraction and a Criminal Traffic Offense in Nebraska?
Two drivers can both be pulled over in Bellevue, NE, both receive citations, and walk away facing very different legal consequences.
The reason comes down to how Nebraska law classifies the alleged offense.
Under Nebraska Revised Statute § 60-672, a traffic infraction generally means a violation of Nebraska’s Rules of the Road or another traffic law that has not been specifically classified as a misdemeanor or felony.
That last part makes an enormous difference.
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.
With a criminal traffic offense, the stakes change.
Nebraska has specifically made certain conduct involving motor vehicles criminal, meaning you could find yourself defending a misdemeanor or felony case.
Criminal traffic allegations can include:
- DUI: Nebraska can prosecute impaired driving as a misdemeanor or, under qualifying circumstances, a felony. Prior offenses and other aggravating factors can significantly change the potential consequences.
- Chemical Test Refusal: Refusing required chemical testing following a lawful DUI arrest can create additional legal and driver’s-license consequences.
- Driving While Suspended/Revoked: Getting behind the wheel when the state has already taken away your driving privileges can lead to a more serious case.
- Eluding/Avoiding Arrest: Intentionally using a vehicle to flee from law enforcement can turn a traffic encounter into a criminal prosecution very quickly.
- Reckless/Willful Reckless Driving: Operating a vehicle in a manner Nebraska law considers reckless or willfully reckless.
- Leaving the Scene or Failing 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:
- Possible jail or imprisonment
- Criminal fines
- Restrictions on your ability to drive
- Suspension or revocation of your driver’s license
- Probation
- A criminal conviction
- Harsher penalties if you’re convicted of another offense later
There is one wrinkle that can make Nebraska traffic law confusing. Traffic infractions may be handled procedurally in much the same way as misdemeanors unless another law provides otherwise, and Nebraska courts have characterized prosecution of a traffic infraction as a criminal action. But that does not automatically transform a traffic infraction into a misdemeanor or felony. The statutory classifications remain distinct.
Think of it this way: traffic infraction describes one legal classification. Misdemeanor and felony describe others.
So don’t judge the seriousness of the situation by whether the officer called it a “ticket.” Look at the statute you’re accused of violating. That tells you much more about the case you’re actually facing.
How Many Traffic Points Does It Take to Lose Your License in Nebraska?
One traffic ticket might seem manageable. The trouble starts when the points attached to that ticket meet the points already sitting on your record.
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 following an accident: 6 points
- Certain handheld wireless-device violations: 3 points
Speeding is a little different. Depending on how far above the speed limit you were allegedly traveling and the type of road involved, a speeding conviction can result in anywhere from zero to four points. That’s where your existing driving history becomes important.
Now comes the number Nebraska drivers really need to know: 12.. Accumulating 12 points within a two-year period results in revocation of your Nebraska driving privileges. The DMV states that a first point revocation lasts 6 months. A second point revocation occurring within 5 years can take you off the road for 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 Bellevue, NE 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.
A Nebraska speeding conviction can affect your driving record as well as your wallet. The number of points assessed depends on how far above the speed limit you were allegedly traveling and, at certain speeds, the type of road involved.
Drivers accused of exceeding the posted limit by more than 35 mph currently face four points regardless of whether the alleged speeding occurred in a business or residential district, on a county road or state highway, or on the interstate. For less extreme speeding allegations, point assessments can vary by roadway and speed.
Then there’s the part of the ticket that isn’t printed next to the fine: whether the alleged speed can be supported by the evidence.
A traffic defense attorney can review the evidence underlying a speeding citation, which may include:
- Whether radar or lidar was used
- What the officer says they observed
- Pacing by a patrol vehicle
- Available dash-camera footage
- Where the alleged violation occurred
- Posted speed-limit signs
- Other circumstances that could affect the reliability of the allegation
A citation tells you what speed the officer alleges.
A traffic defense lawyer in Bellevue, NE can examine how that number got onto the citation in the first place.
Can You Fight a Traffic Ticket in Bellevue, NE?
A traffic ticket is an accusation. It isn’t a finding that you actually committed the violation. Whether there are grounds to challenge a citation depends on the particular offense, how the traffic stop unfolded, and the evidence the government intends to use against you.
When reviewing a case, a traffic attorney may consider evidence and issues such as:
- What the officer claims to have seen
- Body-camera and dash-camera recordings
- Radar, lidar, or pacing evidence
- Independent witness statements
- Road and weather conditions
- Traffic signs and markings
- Whether the facts actually satisfy the legal requirements of the charged offenseWhether the alleged conduct satisfies every element of the offense
- Anything you allegedly said during the traffic stop
- Crash reports, photographs, video, and other accident evidence
- Your driving record and prior convictions
Challenging a ticket doesn’t automatically mean accusing, “The officer is dishonest.”
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.
A citation tells you what the government alleges happened. The evidence determines whether the government can prove it.
What Should You Do After Receiving a Traffic Citation in Bellevue, NE?
First, resist the urge to toss the ticket on the passenger seat and promise yourself you’ll deal with it later. Later has a habit of arriving right after a deadline.
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.
Next, know where you currently stand. If you’ve received other tickets recently, consider reviewing your Nebraska driving record. A new violation can look very different when there are already points on your record.
Preserve evidence while you still can. If the citation followed a crash or another disputed incident, save photographs, videos, dash-camera recordings, witness names and contact information, and anything else that could help establish what happened. If a nearby home or business may have surveillance footage, don’t wait too long to identify it. Those recordings aren’t necessarily kept forever.
And if you’re facing a criminal traffic charge, substantial points, possible license consequences, or a violation that could affect your livelihood, speak with a traffic attorney in Bellevue, NE before deciding how to resolve the case.
Why Traffic Tickets Carry Higher Stakes for Nebraska CDL Drivers
Most drivers worry about the fine and the points. Commercial drivers may also have to worry about their next paycheck.
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.
Pulled over and given a traffic ticket in Bellevue, NE? When you hire a Miltenberger Law traffic lawyer in or around Bellevue, NE, you’re not only choosing a leading traffic lawyer in and around Bellevue, NE – you’re protecting your rights and your future. In addition to an experienced traffic attorney, our team is available 24/7 and provides expertise in the following sectors for residents in Bellevue and beyond:
- Assault Lawyer
- Domestic Violence Defense Attorney
- Drug Manufacturing Lawyer
- Drug Crimes Defense Attorney
- DUI with Drugs Lawyer
Why Hire Miltenberger Law for a Traffic Case in Bellevue, NE?
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.
Someone with a clean driving record may be concerned primarily about points and the cost of the ticket. Someone already approaching Nebraska’s point limit may be worried about keeping a driver’s license. A commercial driver may have an entire career riding on the outcome. And when the allegation involves reckless driving, driving while suspended, leaving an accident, or another criminal traffic offense, the stakes can extend well beyond an ordinary moving violation.
That’s why our attorneys at Miltenberger Law don’t evaluate a case based solely on what is written across the top of the citation. Our experienced Bellevue, NE legal team looks at the circumstances surrounding the charge and what a conviction could actually mean for you.
We examine what you’ve been charged with, your existing driving record, what happened during the stop or accident, what evidence supports the allegation, and what Nebraska law requires the government to prove. Just as importantly, we look at what a conviction would mean specifically for you.
Then we build the defense around the case you actually have.
Some traffic cases are relatively minor. Others can put a driver’s license, record, or livelihood in jeopardy. The important thing is knowing which kind you’re dealing with before you make a decision that could cost more than the fine.
Before You Pay a Traffic Ticket in Bellevue, NE, Know What’s at Stake
Maybe it’s a speeding citation that seems easy enough to handle. Maybe you’ve been accused of careless or reckless driving. Maybe the officer told you there’s a problem with your license. Or maybe a traffic stop has left you facing a criminal charge you never expected.
Whatever brought you here, find out what the citation means before deciding how to respond to it.
Miltenberger Law represents drivers in Bellevue and across Nebraska. Call (402) 217-2267 or contact our office online to discuss your traffic case with an experienced Bellevue, NE traffic lawyer.
Paying a ticket in the Bellevue, NE area may be quick. Understanding what you’re paying for is better.
