Leading Colfax County, NE traffic lawyer. A traffic ticket in Colfax County, 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.
A conviction can put points on your Nebraska driving record, contribute to a license suspension, create problems for a job that depends on your ability to drive, and potentially lead to higher insurance costs. More serious allegations can carry consequences that go well beyond points and fines because some driving offenses are prosecuted as criminal charges.
At Miltenberger Law Offices, our experienced Colfax County, NE criminal defense attorneys represent people facing everything from everyday traffic citations to serious criminal traffic offenses throughout the Colfax County 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.
Article Summary: What You’ll Learn About Traffic Charges in Colfax County, NE
Not every traffic case in Colfax County, NE carries the same stakes. Some violations may result primarily in a fine and points, while others can jeopardize your license, interfere with your ability to drive for work, or expose you to a 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.
The ticket itself may fit on one piece of paper. Understanding everything attached to it can take a little more work, and doing that before you resolve the case can make a significant difference.
Do I Need a Traffic Lawyer for a Ticket in Colfax County, NE?
Not every traffic citation in Colfax County, NE requires a traffic lawyer.
But before automatically paying a ticket in Colfax County, NE, you should know exactly what you’re accepting. Start with your driving record. How many points do you currently have, and how many could this violation add? Then consider your license. Could another conviction move you closer to suspension or otherwise restrict your ability to drive?
There is also a much bigger distinction to consider. You may not be dealing with an ordinary traffic infraction at all. Certain conduct behind the wheel can lead to a misdemeanor or even a felony, particularly when aggravating circumstances, previous convictions, or a serious accident are involved.
Then there is the evidence. What did the officer actually observe? Is there dashcam or bodycam footage? Were there witnesses? Does the available evidence support the allegation written on the citation?
The number printed next to “fine” tells you what the ticket costs to pay. It doesn’t necessarily tell you what the ticket could cost you.
Common Traffic Offenses Our Colfax County, NE Lawyers Handle
Traffic cases can range from relatively ordinary moving violations to criminal charges carrying the possibility of license revocation and other penalties.
Miltenberger Law represents drivers in Colfax County and across Nebraska facing charges and citations 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.
One citation might mean points and a fine. Another could jeopardize your license, result in a criminal record, or expose you to much more serious penalties.
Before deciding how to respond, you need to know which category your case falls into. A traffic ticket and a criminal traffic prosecution are two very different things, even when both start with flashing lights in the rearview mirror.
What’s the Difference Between a Traffic Infraction and a Criminal Traffic Offense in Nebraska?
Two drivers can both be pulled over in Colfax County, NE, both receive citations, and walk away facing very different legal consequences.
What happens afterward can be completely different.
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’s why a basic speeding ticket and a serious reckless-driving allegation shouldn’t be viewed as two versions of the same thing.
An ordinary traffic infraction can still cost you money and put points on your driving record. Accumulate enough points, and your license can become an issue. But the offense itself isn’t necessarily a misdemeanor or felony.
Other conduct behind the wheel can cross into criminal territory.
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.
- Chemical Test Refusal: Refusing required chemical testing following a lawful DUI arrest can create additional legal and driver’s-license consequences.
- Driving While Suspended or Revoked: Driving after Nebraska has suspended or revoked your driving privileges can expose you to more than an ordinary moving violation.
- Eluding/Avoiding Arrest: Intentionally using a vehicle to flee from law enforcement can turn a traffic encounter into a criminal prosecution very quickly.
- Reckless or Willful Reckless Driving: Driving in a rash or dangerous manner, or speeding by more than twice the posted speed limit.
- Leaving the Scene or Failing to Render Aid: Failing to satisfy your legal obligations after certain accidents involving property damage, injury, or death.
The distinction matters because criminal traffic offenses can potentially expose a defendant to:
- Possible jail or imprisonment
- Criminal fines and court costs
- Other restrictions on your driving privileges
- License suspension or revocation
- Probation
- A criminal conviction on your record
- Enhanced consequences for future or repeat offenses
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.
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.
What matters is the specific offense Nebraska says you committed, how that offense is classified, and the penalties that classification carries. That’s why the statute printed on your citation deserves more attention than the piece of paper it’s printed on.
How Traffic Tickets Add Points to Your Nebraska Driving Record
Traffic points are easy to ignore when you’re looking at them one ticket at a time. Nebraska doesn’t look at them one ticket at a time.
When you’re convicted of certain motor vehicle violations, the Nebraska DMV adds a designated number of points to your driving record. More serious violations generally carry more points, and those points can accumulate surprisingly quickly.
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 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.
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’re already approaching Nebraska’s 12-point threshold, what looks like one more traffic citation can become a driver’s-license problem very quickly.
What Can Happen After a Speeding Ticket in Colfax County, NE?
Speeding is probably the classic example of a ticket people assume they should simply pay.
Not necessarily.
A speeding conviction in Nebraska can also add points to your driving record, and the number of points isn’t based on speed alone. Nebraska’s point schedule considers how far above the posted limit you were traveling as well as the type of roadway where the violation allegedly occurred.
For example, exceeding the posted speed limit by more than 35 mph currently results in four points whether the alleged violation occurs in a business or residential district, on a county road or state highway, or on the interstate. At lower speeds, the point assessment can vary depending on where the violation happened.
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.
Depending on how the stop occurred, a traffic defense attorney may examine:
- Radar or lidar evidence
- What the officer says they observed
- Pacing by a law enforcement vehicle
- Available dash-camera footage
- The location of the stop
- Posted speed-limit signs
- Other circumstances that could affect the reliability of the allegation
The citation may say you were traveling 72 in a 55. It doesn’t explain how law enforcement arrived at 72.
That’s one of the things a traffic defense lawyer in Colfax County, NE can investigate before you decide that paying the ticket is your only, or best, option.
Is It Possible to Challenge a Traffic Citation in Colfax County, NE?
The officer handed you a ticket. That establishes one thing for certain: You received a ticket. It doesn’t automatically establish that you’re guilty of the offense written on it.
A traffic attorney may examine issues involving:
- The officer’s account of the alleged violation
- Patrol-car and body-camera footage
- How speed was measured, including radar, lidar, or pacing
- Statements from passengers or other witnesses
- 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 prior driving history and previous convictions
And no, a defense doesn’t have to boil down to, “The cop made it up.”
That’s a remarkably narrow way to think about a traffic case.
An officer can be completely sincere about what they believe they witnessed and there can still be questions about whether the evidence supports the charge. Maybe the disagreement concerns speed measurement. Maybe video provides additional context. Maybe road conditions matter. Maybe what the officer describes simply doesn’t establish every element Nebraska law requires for that particular offense.
A citation tells you what the government alleges happened. The evidence determines whether the government can prove it.
Steps to Take After Getting a Traffic Ticket in Colfax County, NE
Before paying anything, take a few minutes to figure out exactly what you’ve been cited for.
Read the entire ticket. Check the specific offense and statute, the court handling the matter, any scheduled appearance, and the deadline for responding. A traffic citation may look routine, but that doesn’t mean every ticket can, or should, be handled by simply paying the amount listed on it.
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.
If an accident or disputed event led to the citation, save whatever evidence is available now. Photographs, cell-phone video, dashcam recordings, witness information, and nearby surveillance footage can become important later. Your memory can fade. Video can be overwritten. Witnesses can become considerably harder to find.
Then look beyond the amount of the fine. Could the charge add significant points? Put your license in jeopardy? Affect a job that requires you to drive? Is it actually a criminal traffic offense rather than an ordinary infraction? If the answer to any of those questions may be yes, speak with a traffic attorney in Colfax County, NE before deciding how to handle the case.
Why Traffic Tickets Carry Higher Stakes for Nebraska CDL Drivers
For a commercial driver, a traffic conviction doesn’t necessarily end with points on a personal driving record. It can also create problems for the license you depend on to earn a living.
Under Nebraska law, certain offenses qualify as “serious traffic violations” involving commercial driving privileges. That category includes speeding 15 mph or more above the posted limit, reckless or willful reckless driving, improper lane changes, following too closely, and certain mobile-device violations.
If you rely on a CDL for work, don’t evaluate a citation solely by how much it costs to pay. The more important question may be what a conviction could do to your ability to keep driving professionally.
Pulled over and given a traffic ticket in Colfax County, NE? When you hire a Miltenberger Law traffic lawyer in or around Colfax County, NE, you’re not just choosing a leading traffic attorney in and around Colfax County, NE – you’re safeguarding your rights and your future. In addition to a knowledgeable traffic attorney, our staff is available 24/7 and offers expertise in these areas for residents in Colfax County and beyond:
- Assault Lawyer
- Domestic Violence Defense Attorney
- Drug Manufacturing Lawyer
- Drug Crimes Defense Attorney
- DUI with Drugs Lawyer
Why Drivers in Colfax County, NE Turn to Miltenberger Law
There isn’t a one-size-fits-all way to evaluate a traffic charge. The same citation can create very different problems for two different drivers.
But we’re also not going to assume yours is harmless simply because it came on a traffic citation.
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.
At Miltenberger Law, our Colfax County, NE legal team starts by figuring out where your case actually falls on that spectrum.
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 determine how the case should be approached, not based on how serious traffic tickets are in general, but based on the facts, evidence, and consequences involved in yours.
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 Colfax County, NE, Know What’s at Stake
Some people come to us with a speeding ticket. Others are worried about points, a reckless-driving allegation, or whether they’ll be able to keep their license. And some discover that what they thought was “just a traffic ticket” is actually a criminal case.
Those situations don’t call for the same response. Before pleading guilty, paying the citation, or assuming there’s nothing worth challenging, find out what you’re actually facing and what the consequences could be.
Miltenberger Law represents drivers throughout Colfax County and communities across Nebraska. Call (402) 217-2267 or contact us online to discuss your case with an experienced Colfax County, NE traffic lawyer and learn what options may be available.
The easiest way to get rid of a ticket in Colfax County, NE may be to pay it. That doesn’t always make it the best way to resolve your case.
