Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 12 - RULES AND REGULATIONS GOVERNING THE DEPARTMENT OF MOTOR VEHICLES RECOMMENDATIONS TO THE BOARD OF PARDONS FOR REPRIEVE OF OPERATOR'S LICENSE REVOCATIONS
Section 247-12-006 - MINIMUM REQUIREMENTS FOR FAVORABLE RECOMMENDATION

Universal Citation: 247 NE Admin Rules and Regs ch 12 § 006

Current through September 17, 2024

006.01 Minimum Requirements. The Department may recommend a reprieve if the applicant shows the following:

006.01A Completion of State-certified Substance Abuse Program. The applicant must demonstrate that he or she has completed a state-certified substance abuse program. The program must have been completed since the date of the arrest.

006.01B Documentation of Involvement in an Established Self-help Program. Documentation of involvement in an established self-help program, (Alcoholics Anonymous, Narcotics Anonymous, etc.), to support abstinence must be in the form of at least three affidavits from fellow program members or from a sponsor. The affidavits must be on forms approved by the Department and may be obtained from the Department as part of the approved application form.

006.01B1 Confidentiality. The application is a public record. If anonymity is important to the affiant's own recovery, for example, if the affiant is a member of Alcoholics Anonymous, the affiant may indicate on the affidavit that he or she wants the affidavit to be confidential. If the affiant so requests, the affidavit shall be kept separate from the application and kept confidential. The affidavits so designated shall be used only by the Department and the Board in its consideration of whether to restore the applicant's privilege to drive.

006.01C Documentation of Involvement in a Support Program Other than an Established Self-help Program. If the applicant has an informal support program rather than an established support group, he or she must provide independent written documentation of the nature of that program and how it helps to support continued abstinence. This documentation must be in the form of at least three affidavits. The affidavits must be on forms approved by the Department and may be obtained from the Department as part of the approved application form.

006.01D Other Relevant Information Permitted. Any pertinent information, in addition to the minimum requirements listed above, for either support program involvement or abstinence, may be included within the affidavits. Of particular interest, for example, would be the writer's observations concerning any changes in the applicant's lifestyle and general attitude that may reflect the overall stability of his or her continued recovery and/or abstinence.

006.01E Current Evaluation by a State-certified Substance Abuse Counselor. The applicant must demonstrate through a current evaluation completed by a state-certified substance abuse counselor that he or she continues in recovery. It is the responsibility of the applicant to locate such service provider and pay all costs of such treatment.

006.01E1 Additional Evaluations. The Department can require an additional evaluation if the Department determines the evaluation submitted by the evaluator of the applicant's choice is insufficient.

006.01F Abstinence. The Director will recommend denial if there is any indication that the applicant continues to consume alcohol or drugs, except drugs taken as directed by a licensed physician. The applicant must have abstained from alcohol and drug consumption for a period sufficient to establish continuing recovery.

006.01G Subsequent Alcohol or Drug Related Driving Convictions. The Director will recommend denial if the applicant has, since the date of the revocation order, been convicted of any drunk driving offense or for refusing a chemical test in this or any other state.

006.01H Subsequent Driving under Suspension Convictions. The Director will recommend denial if the applicant has, since the date of the revocation order, been convicted of driving while under suspension, revocation, or impoundment in this or any other state.

006.01I License Otherwise Subject to Revocation. The Director will recommend denial if the applicant's license is revoked or suspended for any other reason in this or any other state.

006.01I1 Chance to Cure: Driving Related Revocations Predating Revocation Order. A revocation or suspension for some other reason may be cured if the reason for the revocation or suspension predated the date of the revocation order and the applicant is otherwise eligible for reinstatement, except for the fifteen-year revocation.

006.01I2 Chance to Cure: Non-Driving Related License Revocations. A revocation or suspension for some other reason that is not related to driving may be cured by demonstrating that the applicant is otherwise eligible for reinstatement.

006.01I3 Chance to Cure: Board of Pardons Rules. The Department may also consider the Board's rules for approval of reprieves when making a recommendation.

Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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