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28-693. Reckless driving; classification;
license; surrender
A. A person who drives a vehicle in reckless disregard for the safety of persons or
property is guilty of reckless driving.
B. A person convicted of reckless driving is guilty of a class 2 misdemeanor.
C. In addition, the judge may require the surrender to a police officer of any
driver license of the convicted person, shall report the conviction to the department and
may order the driving privileges of the person to be suspended for a period of not more
than ninety days. On receipt of the abstract of conviction and order, the department
shall suspend the driving privilege of the person for the period of time ordered by the
judge.
D. If a person who is convicted of a violation of this section has been previously
convicted of a violation of this section, section 13-1102 or section 13-1103, subsection
A, paragraph 1, in the driving of a vehicle, or section 28-708, 28-1381, 28-1382 or
28-1383 within a period of twenty-four months:
1. The person is guilty of a class 1 misdemeanor.
2. The person is not eligible for probation, pardon, suspension of sentence or
release on any basis until the person has served not less than twenty days in jail.
3. The judge may require the surrender to a police officer of any driver license of
the person and shall immediately forward the abstract of conviction to the department.
4. On receipt of the abstract of conviction, the department shall revoke the
driving privilege of the person.
E. The dates of the commission of the offense are the determining factor in
applying subsection D of this section. A second or subsequent violation for which a
conviction occurs as provided in this section does not include a conviction for an
offense arising out of the same series of acts.
F. On pronouncement of a jail sentence under this section, and after the court
receives confirmation that the person is employed or is a student, the court may provide
in the sentence that if the defendant is employed or is a student the defendant can
continue employment or schooling for not more than twelve hours per day nor more than
five days per week. The defendant shall spend the remaining days or parts of days in jail
until the sentence is served and shall be allowed out of jail only long enough to
complete the defendant's actual hours of employment or schooling.
28-701. Reasonable and prudent speed; prima
facie evidence; exceptions
A. A person shall not drive a vehicle on a highway at a speed greater than is
reasonable and prudent under the circumstances, conditions and actual and potential
hazards then existing. A person shall control the speed of a vehicle as necessary to
avoid colliding with any object, person, vehicle or other conveyance on, entering or
adjacent to the highway in compliance with legal requirements and the duty of all persons
to exercise reasonable care for the protection of others.
B. Except as provided in subsections C and D of this section or except if a special
hazard requires a lesser speed, any speed in excess of the following speeds is prima
facie evidence that the speed is too great and therefore unreasonable:
1. Fifteen miles per hour approaching a school crossing.
2. Twenty-five miles per hour in a business or residential district.
3. Sixty-five miles per hour in other locations.
C. The speed limits prescribed in this section may be altered as authorized in
sections 28-702 and 28-703.
D. The maximum speed provided in this section is reduced to the speed that is
reasonable and prudent under the conditions and with regard to the actual and potential
hazards then existing, including the following conditions:
1. Approaching and crossing an intersection or railroad crossing.
2. Approaching and going around a curve.
3. Approaching a hillcrest.
4. Traveling on a narrow or winding roadway.
5. A special hazard exists with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
E. A person shall not drive a motor vehicle at a speed that is less than the speed
that is reasonable and prudent under existing conditions.
28-701.02. Excessive speeds;
classification
A. A person shall not:
1. Exceed thirty-five miles per hour approaching a school crossing.
2. Exceed the posted speed limit in a business or residential district by more than
twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.
3. Exceed eighty-five miles per hour in other locations.
B. A person who violates subsection A of this section is guilty of a class 3
misdemeanor.
C. A person charged with a violation of this section may not be issued a civil
complaint for a violation of section 28-701 if the civil complaint alleges a violation
arising out of the same circumstances.
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