(1) A person who causes the death of another unintentionally while engaged in the operation of a motor vehicle in violation of the law of the State of Nebraska or in violation of any city or village ordinance commits motor vehicle homicide.
(2) Except as provided in subsection (3) of this section, motor vehicle homicide is a Class I misdemeanor.
(3)(a) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,213 or 60-6,214, motor vehicle homicide is a Class IIIA felony.
(b) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor vehicle homicide is a Class IIA felony.
(c) If the proximate cause of the death of another is the operation of a motor vehicle in violation of section 60-6,196 or 60-6,197.06, motor vehicle homicide is a Class II felony if the defendant has a prior conviction for a violation of section 60-6,196 or 60-6,197.06, under a city or village ordinance enacted in conformance with section 60-6,196, or under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the defendant was convicted would have been a violation of section 60-6,196.
(4)(a) For a conviction under subsection (2) or subdivision (3)(a) of this section, the court may, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of up to two years and order that the operator's license of such person be revoked for the same period.
(b) For a conviction under subdivision (3)(b) or (c) of this section, the court shall, as part of the judgment of conviction, order the person not to drive any motor vehicle for any purpose for a period of fifteen years and shall order that the operator's license of such person be revoked for the same period.
(5) An order of the court described in this section shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(6) The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section.
Notes of Decisions
Cited in
62
cases (
16 in the last 5 years), 1980–2026 · leading case:
State v. Ring, 447 N.W.2d 908 (Neb. 1989).
State v. Ring, 447 N.W.2d 908 (Neb. 1989).
· cites it 14× “Defendant, Gerald Dean Ring, appeals convictions entered pursuant to verdicts of felony motor vehicle homicide, in violation of Neb.Rev.Stat. § 28-306 (Reissue 1985), and of using a motor vehicle as a deadly weapon in the commission of the homicide, in violation of Neb.”
State v. Brouillette, 655 N.W.2d 876 (Neb. 2003).
· cites it 14× “On January 7, 2000, the State filed an information charging Brouillette with two counts of motor vehicle homicide in violation of Neb.Rev.Stat. § 28-306 (Cum.Supp. 2000). On April 21, the State filed an amended information charging Brouillette with two counts of manslaughter in…”
State v. Malone, 26 Neb. Ct. App. 121 (Neb. Ct. App. 2018).
· cites it 4× “Neb. Rev. Stat. § 28-306 (1) (Reissue 2016).”
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
· cites it 9× “On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
State v. Thompson, 881 N.W.2d 609 (Neb. 2016).
· cites it 3× “20 (Reissue 1984), which formerly contained the penalty for motor vehicle homicide, was implicitly repealed by the Legislature’s subsequent enactment of Neb. Rev. Stat. § 28-306 (Reissue 1985), which codified the offense of motor vehicle homicide and set forth the applicable…”
State v. Roth, 382 N.W.2d 348 (Neb. 1986).
· cites it 16× “Roth, to this court is whether one who has caused the death of another with a motor vehicle must be charged with committing the crime of motor vehicle homicide in violation of Neb.Rev.Stat. § 28-306 (Reissue 1979) or, at the discretion of the prosecution, may be charged with…”
State v. Anthony, 29 Neb. Ct. App. 839 (Neb. Ct. App. 2021).
· cites it 8× “BACKGROUND On December 10, 2018, an information was filed in the district court, charging Anthony with five offenses: two counts of motor vehicle homicide, in violation of Neb. Rev. Stat. § 28-306 (Reissue 2016), a Class IIIA felony; one count of leaving the scene of an injury…”
State v. Valdez, 305 Neb. 441 (Neb. 2020).
· cites it 10× “Valdez argues that the district court erred in failing to receive evidence of a prior conviction, as required to sub- ject him to enhancement penalties under Neb. Rev. Stat. § 28-306 (3)(c) (Reissue 2016).”
State v. Carman, 292 Neb. 207 (Neb. 2015).
· cites it 11× “See Neb. Rev. Stat. § 28-306 (Cum. Supp. 2014).”
State v. Conner, 292 N.W.2d 682 (Iowa 1980).
· cites it 6× “§ 26-401(e), (g) (1978) (five years maximum for reckless driving, driving with ability impaired by alcohol or drugs, or fleeing or attempting to elude pursuing police vehicle; maximum for other violations less than one year); Neb.Rev. Stat. § 28-306 (Supp.1979); id. §§ 28-105,…”
State v. Arizola, 890 N.W.2d 770 (Neb. 2017).
· cites it 2× “03, a person who commits a violation punishable under sub- division (3)(b) or (c) of section 28-306 or subdivision 15 U.S. Const.”
State v. Barber, 918 N.W.2d 359 (Neb. Ct. App. 2018).
· cites it 9× “06, in violation of Neb. Rev. Stat. § 28-306 (1)&(3)(b) a Class III Felony.”
— Neb. Rev. Stat. § 28-306(1) — 16 cases
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
“On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
State v. Barber, 918 N.W.2d 359 (Neb. Ct. App. 2018).
“06, in violation of Neb. Rev. Stat. § 28-306 (1)&(3)(b) a Class III Felony.”
— Neb. Rev. Stat. § 28-306(1)(3)(c) — 1 case
— Neb. Rev. Stat. § 28-306(2) — 3 cases
State v. Conner, 292 N.W.2d 682 (Iowa 1980).
“§ 26-401(e), (g) (1978) (five years maximum for reckless driving, driving with ability impaired by alcohol or drugs, or fleeing or attempting to elude pursuing police vehicle; maximum for other violations less than one year); Neb.Rev. Stat. § 28-306 (Supp.1979); id. §§ 28-105,…”
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
“On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
— Neb. Rev. Stat. § 28-306(3) — 3 cases
State v. Ring, 447 N.W.2d 908 (Neb. 1989).
“Defendant, Gerald Dean Ring, appeals convictions entered pursuant to verdicts of felony motor vehicle homicide, in violation of Neb.Rev.Stat. § 28-306 (Reissue 1985), and of using a motor vehicle as a deadly weapon in the commission of the homicide, in violation of Neb.”
— Neb. Rev. Stat. § 28-306(3)(a) — 8 cases
State v. Anthony, 29 Neb. Ct. App. 839 (Neb. Ct. App. 2021).
“BACKGROUND On December 10, 2018, an information was filed in the district court, charging Anthony with five offenses: two counts of motor vehicle homicide, in violation of Neb. Rev. Stat. § 28-306 (Reissue 2016), a Class IIIA felony; one count of leaving the scene of an injury…”
State v. Brouillette, 655 N.W.2d 876 (Neb. 2003).
“On January 7, 2000, the State filed an information charging Brouillette with two counts of motor vehicle homicide in violation of Neb.Rev.Stat. § 28-306 (Cum.Supp. 2000). On April 21, the State filed an amended information charging Brouillette with two counts of manslaughter in…”
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
“On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
— Neb. Rev. Stat. § 28-306(3)(b) — 9 cases
State v. Brouillette, 655 N.W.2d 876 (Neb. 2003).
“On January 7, 2000, the State filed an information charging Brouillette with two counts of motor vehicle homicide in violation of Neb.Rev.Stat. § 28-306 (Cum.Supp. 2000). On April 21, the State filed an amended information charging Brouillette with two counts of manslaughter in…”
State v. Valdez, 305 Neb. 441 (Neb. 2020).
“Valdez argues that the district court erred in failing to receive evidence of a prior conviction, as required to sub- ject him to enhancement penalties under Neb. Rev. Stat. § 28-306 (3)(c) (Reissue 2016).”
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
“On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
— Neb. Rev. Stat. § 28-306(3)(c) — 5 cases
State v. Malone, 26 Neb. Ct. App. 121 (Neb. Ct. App. 2018).
“Neb. Rev. Stat. § 28-306 (1) (Reissue 2016).”
State v. Valdez, 305 Neb. 441 (Neb. 2020).
“Valdez argues that the district court erred in failing to receive evidence of a prior conviction, as required to sub- ject him to enhancement penalties under Neb. Rev. Stat. § 28-306 (3)(c) (Reissue 2016).”
State v. Wright, 622 N.W.2d 676 (Neb. 2001).
“On September 17, 1997, an information was filed in the district court for Johnson County charging Wright with the crime of motor vehicle homicide, pursuant to Neb. Rev. Stat. § 28-306 (Reissue 1995). The information alleged that Wright had been operating his vehicle while…”
— Neb. Rev. Stat. § 28-306(4) — 3 cases
— Neb. Rev. Stat. § 28-306(c) — 1 case
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