(1) Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid arrest or citation commits the offense of operation of a motor vehicle to avoid arrest.
(2)(a) Except as otherwise provided in subsection (3) of this section, any person who violates subsection (1) of this section shall be guilty of a Class I misdemeanor.
(b) The court may, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator's license of such person be revoked or impounded for a period of not more than one year and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(3)(a) Any person who violates subsection (1) of this section shall be guilty of a Class IV felony if, in addition to the violation of subsection (1) of this section, one or more of the following also applies:
(i) The person committing the offense has previously been convicted under this section;
(ii) The flight to avoid arrest results directly and proximately in the death of or injury to any person if such death or injury is caused directly and proximately by the vehicle being driven by the person fleeing to avoid arrest; or
(iii) The flight to avoid arrest includes the willful reckless operation of the motor vehicle.
(b) The court shall, as part of the judgment of conviction under subdivision (a) of this subsection, order that the operator's license of such person be revoked or impounded for a period of two years and order the person not to drive any motor vehicle for any purpose in the State of Nebraska for a like period. The revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
(4)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest or citation for the violation of any statute punishable as a misdemeanor or any city or village ordinance shall be guilty of misdemeanor operation of a vessel to avoid arrest.
(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class I misdemeanor. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of one year.
(5)(a) Any person who operates a vessel as defined in section 37-1203 to flee in such vessel in an effort to avoid arrest for the violation of any statute punishable as a felony shall be guilty of felony operation of a vessel to avoid arrest.
(b) Any person violating subdivision (a) of this subsection shall be guilty of a Class IV felony. Upon conviction thereof the court shall, as part of the judgment of conviction, order such person not to operate any vessel for any purpose for a period of two years.
(6) An order of the court under subsection (4) or (5) of this section prohibiting operation of a vessel shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
Notes of Decisions
Cited in
46
cases (
17 in the last 5 years), 1984–2026 · leading case:
State v. Perry, 17 N.W.3d 504 (Neb. 2025).
State v. Perry, 17 N.W.3d 504 (Neb. 2025).
· cites it 25× “We conclude that Perry’s arguments are without merit and that § 28-905(3)(b) does, in fact, require a mandatory 2-year license revocation or impoundment.”
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
· cites it 11× “The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
State v. Garcia, 923 N.W.2d 725 (Neb. 2019).
· cites it 2× “At the time of the second stop, the police had reason to suspect that the driver associated with the first stop had violated Neb. Rev. Stat. § 28-905 (1) (Reissue 2016), which provides: "Any person who operates any motor vehicle to flee in such vehicle in an effort to avoid…”
State v. Petsch, 914 N.W.2d 448 (Neb. 2018).
· cites it 3× “See Neb. Rev. Stat. § 28-905 (Reissue 2016). Devenpeck v.”
State v. Kennedy, 908 N.W.2d 69 (Neb. 2018).
· cites it 2× “Because it did none of these and instead erroneously terminated post-release supervision altogether, we vacate the sentencing order of June 20, 2017, as excessively lenient, and remand the cause for further proceedings not inconsistent with this opinion.”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
· cites it 5× “BACKGROUND On September 13, 2002, the State filed its operative complaint charging Ellingson with misdemeanor operation of a motor vehicle to avoid arrest, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-905 (1) (Cum. Supp. 2004), and with obstructing a peace officer,…”
State v. Armagost, 864 N.W.2d 417 (Neb. 2015).
· cites it 5× “117 ANALYSIS The question we address is whether the attempt to arrest or issue a citation is an essential element of the charge of operat- ing a motor vehicle in a willful reckless manner to avoid arrest under Neb. Rev. Stat. § 28-905 (Reissue 2008). The State claims that the…”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
· cites it 9× “INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
State v. Start, 477 N.W.2d 20 (Neb. 1991).
· cites it 2× “§ 28-324 (1) (Reissue 1989); operating a motor vehicle to avoid arrest, in violation of Neb. Rev. Stat. § 28-905 (Reissue 1989); assault on an officer in the third degree, in violation of Neb.”
State v. Anthony, 961 N.W.2d 545 (Neb. Ct. App. 2021).
· cites it 2× “560 , 811 N.W.2d 227 (2012). However, he encourages this court to “reexamine” the holding in Kinser.”
State v. Claussen, 756 N.W.2d 163 (Neb. 2008).
· cites it 5× “[9] [5, 6] The Nebraska Court of Appeals has applied the principles stated in Clifford to determine the proof required by § 28-905. That court has held that an attempt to arrest is an essential element of the offense of fleeing in a motor vehicle to avoid arrest, but proof that…”
State v. Gnewuch, 3 N.W.3d 295 (Neb. 2024).
· cites it 2× “GNEWUCH relocation, Gnewuch was being treated and medicated for post-traumatic stress disorder with schizophrenic symptoms resulting from his deployment in Afghanistan, where he suffered a traumatic brain injury.”
Neb. Rev. Stat. § 28-905(1): 10 cases
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
“BACKGROUND On September 13, 2002, the State filed its operative complaint charging Ellingson with misdemeanor operation of a motor vehicle to avoid arrest, a Class I misdemeanor in violation of Neb. Rev. Stat. § 28-905 (1) (Cum. Supp. 2004), and with obstructing a peace officer,…”
State v. Petsch, 914 N.W.2d 448 (Neb. 2018).
“See Neb. Rev. Stat. § 28-905 (Reissue 2016). Devenpeck v.”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
“INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
Neb. Rev. Stat. § 28-905(2): 5 cases
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
“The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
State v. Claussen, 756 N.W.2d 163 (Neb. 2008).
“[9] [5, 6] The Nebraska Court of Appeals has applied the principles stated in Clifford to determine the proof required by § 28-905. That court has held that an attempt to arrest is an essential element of the offense of fleeing in a motor vehicle to avoid arrest, but proof that…”
State v. Taylor, 666 N.W.2d 753 (Neb. Ct. App. 2003).
“INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony.”
State v. Perry, 17 N.W.3d 504 (Neb. 2025).
“We conclude that Perry’s arguments are without merit and that § 28-905(3)(b) does, in fact, require a mandatory 2-year license revocation or impoundment.”
Neb. Rev. Stat. § 28-905(2)(a): 1 case
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
“The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
Neb. Rev. Stat. § 28-905(2)(b): 1 case
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
“The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
Neb. Rev. Stat. § 28-905(3): 5 cases
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
“The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
Neb. Rev. Stat. § 28-905(3)(a): 1 case
Neb. Rev. Stat. § 28-905(3)(a)(ii): 1 case
Neb. Rev. Stat. § 28-905(3)(a)(iii): 5 cases
State v. Perry, 17 N.W.3d 504 (Neb. 2025).
“We conclude that Perry’s arguments are without merit and that § 28-905(3)(b) does, in fact, require a mandatory 2-year license revocation or impoundment.”
Neb. Rev. Stat. § 28-905(3)(b): 8 cases
State v. Perry, 17 N.W.3d 504 (Neb. 2025).
“We conclude that Perry’s arguments are without merit and that § 28-905(3)(b) does, in fact, require a mandatory 2-year license revocation or impoundment.”
State v. Collins, 950 N.W.2d 89 (Neb. 2020).
“The factual basis presented by the State indicates that the charge arose from an incident in which, during a traffic stop of a vehicle driven by Collins, the officer detected the odor of marijuana and asked Collins to step out of the vehicle so that the officer could conduct a…”
Neb. Rev. Stat. § 28-905(5): 1 case
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