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A Death Behind The Wheel

Neb. Rev. Stat. § 28-306 — motor vehicle homicide, a misdemeanor unless reckless or impaired driving caused it

A person who unintentionally causes another's death while operating a motor vehicle in violation of state law or a city ordinance commits motor vehicle homicide.

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What caused the deathThe class
What caused the deathAnother traffic violationThe classClass I misdemeanor
What caused the deathReckless or willful reckless drivingThe classClass IIIA felony
What caused the deathDriving under the influenceThe classClass IIA felony
What caused the deathDriving under the influence, with a prior DUI convictionThe classClass II felony

The court may also bar the person from driving for a period set in the section. A particular case is a question for a licensed Nebraska attorney.

Sources for this section (1)
  1. Neb. Rev. Stat. § 28-306 — Motor vehicle homicide

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.

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