Driving Without a License in Nebraska

What does it mean to drive while your license is expired, revoked, suspended or cancelled in Nebraska?

What does it mean to “drive without a license” in Nebraska?

Driving without a license can refer to three scenarios. You’re stopped for an offense and:

  • You have a license but it’s not in your possession. In other words, you were licensed to drive but lacked proof, an infraction that may be dismissed once you can prove that you possessed a valid license at the time of the incident.   (Note: you may have to pay a fine.)
  • You never applied for a license (or your license expired). Nebraska Revised Statute § 60-484 states that no resident of the State of Nebraska shall operate a motor vehicle upon the alleys or highways of this state until the person has obtained an operator's license. The offense will likely be treated as a Class III misdemeanor with a maximum fine of $500
  • Your license was cancelled, revoked or suspended by the authorities. For first time offenders, this offense is usually punishable as a Class III misdemeanor with a fine of up to $500 and a maximum three months jail time.

How do you fight the charge?

Fighting a “driving without a license charge” can be difficult.   Once the district attorney or prosecutor alleges that you drove without a valid license, the burden of proof is on you to prove that you did possess a valid driver’s license at the time of your offense. If you don’t have evidence of a license, you lose! Depending on your circumstances, you may benefit from the advice or negotiating skills of an attorney.

Can an undocumented immigrant obtain a driver’s license in Nebraska?

An undocumented immigrant is not permitted to obtain a driver's license in Nebraska. In addition, Nebraska denies driver’s licenses to youth granted DACA (Consideration of Deferred Action for Childhood Arrivals).  



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