Wednesday, March 11, 2015

Nebraska Penalties for Leaving the Scene of a Personal Injury Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE
I am a criminal defense lawyer licensed in Nebraska and Iowa.  My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills  County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information.  That information requires an in-depth consultation. Wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
CONTENTS OF TODAY’S BLOG
Today's topic will be leaving the scene of a personal injury accident also commonly known as hit and run.
There are two forms of hit and run in the State of Nebraska:
  1. Leaving the Scene of a Property Damage Accident (Which was discussed in a previous Blog); and 
  2. Leaving the Scene of a Personal Injury Accident (Which is the subject of today's Blog).
Neb.Rev.Stat. § 60-697. Accident; driver's duty; penalty.
(1) The driver of any vehicle involved in an accident upon either a public highway, private road, or private drive, resulting in injury or death to any person, shall       (a) immediately stop such vehicle at the scene of such accident and ascertain the identity of all persons involved,                                                                               (b) give his or her name and address and the license number of the vehicle and exhibit his or her operator's license to the person struck or the occupants of any vehicle collided with, and                                                                                           (c) render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary or is requested by the injured person.
(2) Any person violating any of the provisions of this section shall upon conviction thereof be punished as provided in section 60-698.

Neb.Rev.Stat. § 60-698. Accident; failure to stop; penalty.
(1) Any person convicted of violating section 60-697 relative to the duty to stop in the event of certain accidents shall be guilty of (a) a Class IIIA felony if the accident resulted in an injury to any person other than a serious bodily injury as defined in section 60-6,198 or death or (b) a Class III felony if the accident resulted in the death of any person or serious bodily injury as defined in section 60-6,198.
(2) The court shall, as part of the judgment of conviction, order such person not to drive any motor vehicle for any purpose for a period of not less than one year nor more than fifteen years from the date ordered by the court and shall order that the operator's license of such person be revoked for a like period. The order of the court shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked, whichever is later.

*Operating a Motor Vehicle During Periods of Revocation is a Crime 

How much time in Jail can I receive for being convicted of a Felony in the State of Nebraska?

Class IIIA Felony

If Convicted of a Class IIIA Felony you face:
Maximum of up to five (5) years imprisonment and/or up to a $10,000.00 fine or both.

Class III Felony

If Convicted of a Class III Felony you face:
Maximum of up to Twenty (20) years imprisonment or up to a $25,000.00 fine or both.
Minimum imprisonment of one (1) year.
(Again, every case is different due to facts and circumstances.  Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes, laws and procedures  and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rightsDavid Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
Remember an Arrest or Citation is Not a Conviction
YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.
Defend Your Rights


^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^

Nebraska Penalties for Leaving the Scene of an Accident (Hit and Run) Nebraska #CriminalDefenseAttorney- By David Tighe Attorney at Law

TIGHE LAW WEBSITE
I am a criminal defense lawyer licensed in Nebraska and Iowa.  My practice handles criminal cases (both Felony and Misdemeanors) in Eastern Nebraska (Omaha, Douglas County, Sarpy County, Washington County, Dodge County, Platte County, Saunders County, Lancaster County, Cass County and surrounding areas) and Western Iowa (Pottawattamie County, Mills  County, Monona County, Woodbury County, Harrison County and surrounding areas).
If you have been charged with ANY CRIME in the Sate of Nebraska or Iowa, you need an experienced criminal defense attorney.
In this blog, I will NOT be discussing defenses, discovery, pre-trial motions, police reports, possible civil penalties, “no contest” pleas, or other such information.  That information requires an in-depth consultation. Wherein we will be discussing your particular case in intricate detail and formulating a comprehensive defensive strategy to attack the charges against you.
CONTENTS OF TODAY’S BLOG
Today's topic will be leaving the scene of a property damage accident also commonly known as hit and run.
There are two forms of hit and run in the State of Nebraska:
  1. Leaving the Scene of a Property Damage Accident (Which is discussed below); and 
  2. Leaving the Scene of a Personal Injury Accident (Which will be the subject of a future Blog).
Neb.Rev.Stat. § 60-696. Motor vehicle; accident; duty to stop; information to furnish; report; powers of peace officer; violation; penalty.
(1) Except as provided in subsection (2) of this section, the driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to property, shall                                                                     (a) immediately stop such vehicle at the scene of such accident and                       (b) give his or her name, address, telephone number, and operator's license number to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision.
(2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer.
(3)(a) A peace officer may remove or cause to be removed from a roadway, without the consent of the driver or owner, any vehicle, cargo, or other property which is obstructing the roadway creating or aggravating an emergency situation or otherwise endangering the public safety. Any vehicle, cargo, or other property obstructing a roadway shall be removed by the most expeditious means available to clear the obstruction, giving due regard to the protection of the property removed.
(b) This subsection does not apply if an accident results in or is believed to involve the release of hazardous materials, hazardous substances, or hazardous wastes, as those terms are defined in section 75-362.
(4) Any person violating subsection (1) or (2) of this section is guilty of a Class II misdemeanor. If such person has had one or more convictions under this section in the twelve years prior to the date of the current conviction under this section, such person is guilty of a Class I misdemeanor.
As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court. If the court orders the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court, the court shall also order that the operator's license of such person be *revoked for a like period.
*Operating a Motor Vehicle During Periods of Revocation is a Crime 

How much time in Jail can I receive for being convicted of a Misdemeanor in the State of Nebraska?

Class I Misdemeanor
If Convicted of a Class I Misdemeanor you face:
Maximum of up to one (1) year imprisonment (jail) or up to a $1000.00 fine or both.
Class II Misdemeanor
If Convicted of a Class II Misdemeanor you face:
Maximum of up to six (6) months imprisonment (jail) or up to a $1000.00 fine or both.
(Again, every case is different due to facts and circumstances.  Therefore, to fully know and understand the full range of penalties – both criminal and civil penalties and liabilities- you are facing, you need to discuss your case in DETAIL with an experienced criminal defense lawyer like David Tighe.
Remember that first and foremost, if you have been pulled over, cited or arrested you should immediately contact an experienced Criminal Defense Attorney, Like David Tighe, to discuss your particular situation and immediately work on developing a comprehensive defense strategy for your case.
The purpose of this blog is purely for informational purposes only and should not be construed as legal advice and does not create an “Attorney-Client Relationship” as everyone’s legal situation is different and is dependent on the isolated facts of their particular situation.
I will post additional information regarding Nebraska crimes, laws and procedures  and penalties in the near future.

Thank You

DavidTighe

402-981-6327

David@davidwtighe-law.com

If you or a loved one have been charged with a crime in Nebraska or Iowa – time is critical. Each case is unique, and it is important to protect your rightsDavid Tighe is an experienced Criminal Defense Attorney that is able to answer your questions, and determine the best course of action.
Feel free to contact David Tighe Criminal Defense Lawyer via 402-981-6327 or email David@davidwtighe-law.com
or visit my website at
Dui lawyer Nebraska David Tighe
Twitter: @DavidTighelaw
Remember an Arrest or Citation is Not a Conviction
YOU are innocent until proven guilty in a court of law according to the Constitution of The United States.
Defend Your Rights

^ If you have a legal question that you want to have addressed in this Blog- feel free to contact me and I will try to provide that information via blog as soon as possible^