Lancaster County, NE traffic lawyer. You get pulled over in Lancaster County, NE. The officer hands you a ticket. You drive away annoyed, but probably thinking the same thing most people do: I’ll pay it and be done with it.
So you pay for it. Maybe grumble about the whole thing on the drive home. Then you forget about it.
The problem is that paying a traffic ticket can amount to pleading guilty to the violation. And depending on what you were cited for, that decision may follow you long after the fine has been paid.
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 Lancaster County, NE criminal defense attorneys represent people facing everything from everyday traffic citations to serious criminal traffic offenses throughout the Lancaster 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.
What You’ll Learn About Fighting a Traffic Charge in Lancaster County, NE
A traffic citation in Lancaster County, 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.
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.
Should I Hire an Attorney for a Traffic Ticket in Lancaster County, NE?
Not every traffic citation in Lancaster County, NE requires a traffic lawyer.
Will the violation put points on your Nebraska driving record? Are you already carrying points from previous citations? Could another conviction put your license at risk? If your paycheck depends on driving, could the ticket create problems at 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
Finally, consider whether the allegation can actually be proven. Police observations aren’t automatically beyond dispute. Video footage, witness accounts, accident evidence, and the circumstances surrounding the stop can all become important?
Those are often more important questions than, “How much do I have to pay?” Because there’s a big difference between paying a fine and accepting consequences that could remain on your record long after the receipt is gone.
Traffic Violations We Defend in Lancaster County, 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.
Our attorneys at Miltenberger Law defend drivers throughout Lancaster County and Nebraska against allegations such as:
- 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.
For one driver, the primary concern may be points accumulating on a driving record. For another, the same trip down the road can end with a suspended license or a criminal charge carrying substantially greater consequences.
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.
When Does a Traffic Violation Become a Criminal Offense in Nebraska?
Flashing lights. Pull over. Hand over your license. Wait for the officer to come back. From the driver’s seat, most traffic stops start about the same way.
What happens afterward can be completely different.
Nebraska law draws an important distinction between an ordinary traffic infraction and conduct that has been classified as a crime. Under Neb. Rev. Stat. § 60-672, a traffic infraction generally involves violating Nebraska’s Rules of the Road or another traffic law that has not otherwise been designated 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.
Other conduct behind the wheel can cross into criminal territory.
When Nebraska law specifically makes the alleged conduct a crime, a driver can face a misdemeanor or felony case rather than an ordinary traffic infraction.
Examples can include:
- DUI: A first or second offense is typically prosecuted as a Class W misdemeanor, while certain subsequent offenses or aggravating circumstances can result in felony charges.
- Refusal of Chemical Testing: Refusing required chemical testing following a lawful DUI arrest can create additional legal and driver’s-license consequences.
- Driving While Suspended/Revoked: Driving after Nebraska has suspended or revoked your driving privileges can expose you to more than an ordinary moving violation.
- Eluding/Avoiding Arrest: Using a motor vehicle to intentionally flee from or attempt to avoid a law enforcement officer.
- Reckless and 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: 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:
- Jail or, for sufficiently serious offenses, imprisonment
- Criminal fines
- Restrictions on your ability to drive
- Suspension or revocation of your driver’s license
- Probation
- A criminal conviction on your record
- Harsher penalties if you’re convicted of another offense later
There is some legal terminology here that can understandably cause confusion. Nebraska traffic infractions are generally handled procedurally like misdemeanors unless the law says otherwise, and Nebraska courts have referred to traffic-infraction prosecutions as criminal actions. That doesn’t mean Nebraska legally classifies every traffic infraction as a misdemeanor.
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.
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 Nebraska’s Point System Can Affect Your Driver’s License
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 assigns:
- 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 revokes a driver’s privileges after the accumulation of 12 points within a two-year period. According to the DMV, a first point-based revocation lasts 6 months. If a driver receives a second point revocation within 5 years, the revocation period increases to 3 years.
There’s also an important timing issue: Nebraska calculates point accumulation using the date each violation occurred, rather than simply looking at the date you were convicted. So the question isn’t always how many points this particular ticket carries. It’s how many points this ticket could add to everything that came before it.
A four-point ticket is one thing when your record is clean. It’s something entirely different when you’re already sitting at eight.
What Can Happen After a Speeding Ticket in Lancaster County, NE?
You were going 12 over. Or 20. Or, according to the officer, considerably faster than that. There’s a dollar amount on the ticket. Paying it takes a few minutes. Easy decision, right?.
Sometimes the point consequences are minimal. Sometimes they aren’t.
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.
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.
But before you get to points and penalties, there’s another question worth asking: How did the officer determine your speed?.
A traffic defense attorney can review the evidence underlying a speeding citation, which may include:
- Radar or lidar readings
- The officer’s visual observations
- Whether the officer paced your vehicle
- Dash-camera or other available video
- The location of the stop
- Posted speed-limit signage
- Other circumstances that could affect the reliability of the allegation
The number written on a speeding ticket is an allegation. Understanding the evidence behind that number is another matter.
That’s one of the things a traffic defense lawyer in Lancaster County, NE can investigate before you decide that paying the ticket is your only, or best, option.
Can You Fight a Traffic Ticket in Lancaster 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:
- What the officer claims to have seen
- Patrol-car and body-camera footage
- Radar, lidar, or pacing evidence
- Statements from passengers or other witnesses
- Road and weather conditions
- Traffic-control devices, signs, and lane markings
- Whether the facts actually satisfy the legal requirements of the charged offenseWhether the alleged conduct satisfies every element of the offense
- Statements attributed to you during the stop
- Crash reports, photographs, video, and other accident evidence
- Prior violations that could affect the consequences of the current case
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.
You don’t fight a citation simply because you disagree with the officer. You examine whether the available evidence is sufficient to prove the actual violation charged.
Got a Traffic Ticket in Lancaster County, NE? Here’s What to Do Next
Start by actually reading it. That sounds obvious. You would be surprised.
Look closely at the citation and identify exactly what the officer says you did. Check the statute, court information, response requirements, and any dates listed. Don’t assume the only decision you have to make is whether to pull out your credit card and pay the fine.
You should also consider checking your current Nebraska driving record, particularly if you’ve had other violations during the past two years.
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.
Finally, consider what’s actually at risk before deciding how to respond. If you’re facing a criminal traffic offense, significant points, suspension or revocation of your license, or consequences that could interfere with your job, talk with a traffic attorney in Lancaster County, NE before resolving the citation.
For CDL Holders, a Traffic Ticket in Nebraska Can Become a Work Problem
Most drivers worry about the fine and the points. Commercial drivers may also have to worry about their next paycheck.
Nebraska law classifies certain offenses as “serious traffic violations” for CDL purposes. These include driving at least 15 mph over the posted speed limit, reckless or willful reckless driving, improper lane changes, following too closely, and certain violations involving mobile devices.
If your paycheck depends on your CDL, it makes sense to understand the licensing consequences before resolving the citation.
Handed a traffic ticket in Lancaster County, NE? When you detain a Miltenberger Law traffic attorney in the Lancaster County, NE area, you aren’t simply choosing a top-rated traffic legal team in Lancaster County, NE and beyond – you’re securing your rights and your future. In addition to a knowledgeable traffic lawyer, our legal team is available 24/7 and provides expertise in these practice areas for residents in Lancaster County 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 Lancaster County, NE?
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.
Context matters. Four points on an otherwise clean record aren’t the same as four points when you’re already close to losing your license. A traffic conviction may be inconvenient for one person and threaten another person’s ability to earn a living. And once an allegation crosses from a traffic infraction into a criminal offense, you’re dealing with an entirely different level of potential consequences.
At Miltenberger Law, our Lancaster County, NE legal team starts by figuring out where your case actually falls on that spectrum.
That can include reviewing your driving history, the officer’s account, video and other available evidence, accident information, the applicable Nebraska statutes, and any licensing or criminal consequences you may face.
From there, we can identify the issues worth challenging and develop a defense strategy suited to your particular situation.
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.
Facing a Traffic Charge in Lancaster County, NE? Know Your Options First
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.
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 in Lancaster County, NE and throughout Nebraska. Call (402) 217-2267 or reach out to our office online to speak with an experienced Lancaster County, NE traffic lawyer about your charge, your driving record, and your options for moving forward.
The easiest way to get rid of a ticket in Lancaster County, NE may be to pay it. That doesn’t always make it the best way to resolve your case.
