Leading Lincoln, NE traffic lawyer. A traffic ticket in Lincoln, NE 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.
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.
And there is an important line drivers sometimes don’t realize they’ve crossed: not every offense involving a vehicle is simply a traffic infraction. Certain allegations can result in criminal charges, with potential penalties that include fines, license consequences, and even jail time.
At Miltenberger Law Offices, our experienced Lincoln, NE criminal defense attorneys represent drivers facing traffic violations and criminal traffic charges throughout the Lincoln area and communities across Nebraska.
A ticket may look straightforward. What happens after it isn’t always so simple. Before paying yours, call Miltenberger Law Offices at (402) 217-2267 or contact us online for free, confidential legal advice.
Article Summary: What You’ll Learn About Traffic Charges in Lincoln, NE
Not every traffic case in Lincoln, 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 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.
We’ll also look at why two drivers receiving similar tickets may face very different consequences. Your previous driving history, the nature of the alleged violation, the strength of the evidence, and the way the case is handled can all influence the outcome.
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 Lincoln, NE?
Some traffic tickets in Lincoln, NE really are relatively straightforward. Others only look that way when you’re standing on the side of the road holding one. Before deciding whether you need a traffic lawyer, it helps to look beyond the fine and ask what resolving the ticket could actually mean.
But before automatically paying a ticket in Lincoln, 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?
Is this actually a traffic infraction, or are you accused of a misdemeanor or felony involving a vehicle?
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?
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 Lincoln, NE
“Traffic charge” is a broad label. It can describe an everyday moving violation, a serious offense arising from an accident, or conduct Nebraska treats as a crime rather than a simple citation.
Miltenberger Law defends clients in Lincoln 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.
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.
That’s why one of the first things you should understand is exactly what Nebraska law says you’re accused of, and what’s actually at stake if you’re convicted.
Traffic Infraction or Criminal Charge? Why the Difference Matters in Nebraska
Two drivers can both be pulled over in Lincoln, 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 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 why a basic speeding ticket and a serious reckless-driving allegation shouldn’t be viewed as two versions of the same thing.
Take an ordinary speeding citation. Although a conviction can mean a fine and points on your Nebraska driving record, the violation itself generally isn’t classified as a misdemeanor or felony.
Other conduct behind the wheel can cross into criminal territory.
Nebraska has specifically made certain conduct involving motor vehicles criminal, meaning you could find yourself defending a misdemeanor or felony case.
Examples of more serious vehicle-related allegations 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.
- Refusing a Breath/Blood Test: 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.
- Flight to Avoid Arrest: Intentionally using a vehicle to flee from law enforcement can turn a traffic encounter into a criminal prosecution very quickly.
- Reckless and Willful Reckless Driving: Operating a vehicle in a manner Nebraska law considers reckless or willfully reckless.
- 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 imprisonment
- Criminal fines and court costs
- Other restrictions on your driving privileges
- Suspension or revocation of your driver’s license
- Probation
- A criminal record
- Additional consequences for repeat offenses
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.
Put more simply: the fact that your case is being handled in traffic court doesn’t tell you everything you need to know about how serious it is.
That’s why the exact statute listed on the citation matters.
How Traffic Tickets Add Points to Your Nebraska Driving Record
One traffic ticket might seem manageable. The trouble starts when the points attached to that ticket meet the points already sitting on your record.
The Nebraska Department of Motor Vehicles assigns points following convictions for certain motor vehicle violations. How many points you receive depends on the specific offense.
Current DMV point assessments include:
- 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 convictions can carry between zero and four points, depending on the amount over the speed limit and where the alleged speeding occurred.
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.
What Can Happen After a Speeding Ticket in Lincoln, NE?
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 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, 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.
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 also examine how the alleged speed was determined. Depending on the case, that may involve:
- Radar or lidar evidence
- What the officer says they observed
- Whether the officer paced your vehicle
- Dash-camera or other available video
- The location of the stop
- Whether speed-limit signage was properly posted and visible
- Other circumstances surrounding the alleged violation
The number written on a speeding ticket is an allegation. Understanding the evidence behind that number is another matter.
An experienced traffic defense lawyer in Lincoln, NE can look beyond the citation itself and evaluate how the alleged speed was measured, documented, and ultimately attributed to you.
What Are Your Options for Fighting a Traffic Ticket in Lincoln, 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 observations
- Body-camera and dash-camera recordings
- Radar, lidar, or pacing evidence
- Witness accounts
- Road and weather conditions
- Traffic signs and markings
- Whether the prosecution can establish each required element of the offense
- Statements attributed to you during the stop
- Physical evidence, photographs, or reports from an accident
- 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 accurately describe what they observed while there is still a legitimate dispute about what those observations establish under Nebraska law.
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 Lincoln, NE? Here’s What to Do Next
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.
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.
It’s also worth knowing what your driving record already looks like. Nebraska drivers can review their current driving record, which can be particularly important if you’ve had other violations within the last two years. The points from this ticket don’t exist in a vacuum.
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.
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 Lincoln, 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.
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 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 Lincoln, NE? When you choose a Miltenberger Law traffic attorney in the Lincoln, NE area, you aren’t only partnering with the ideal traffic legal team in Lincoln and throughout Nebraska – you’re securing your rights and your future. In addition to a knowledgeable traffic lawyer, our legal team is available 24/7 and offers expertise in these sectors for residents in Lincoln and beyond:
- Assault Lawyer
- Domestic Violence Defense Attorney
- Drug Manufacturing Lawyer
- Drug Crimes Defense Attorney
- DUI with Drugs Lawyer
How Miltenberger Law Approaches Traffic Cases in Lincoln, NE
We’re not going to tell you that every traffic ticket is a life-changing legal emergency. It isn’t.
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.
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 Lincoln, NE legal team looks at the circumstances surrounding the charge and what a conviction could actually mean for you.
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.
You don’t need to panic over every citation. You also shouldn’t dismiss one before you understand what it could really cost.
Talk to a Traffic Lawyer in Lincoln, NE 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 Lincoln and across Nebraska. Call (402) 217-2267 or contact our office online to discuss your traffic case with an experienced Lincoln, NE traffic lawyer.
The easiest way to get rid of a ticket in Lincoln, NE may be to pay it. That doesn’t always make it the best way to resolve your case.
