Student Legal Services

Consumer

Small Claims Court

• What Can I Do If I Have Been Discriminated Against?

  If you feel you have been a victim of discrimination based on race, color, gender, creed, religion, national origin, disability, age, sexual preference or marital status, you may want to discuss the legal avenues available. Contact Student Legal Services, a private attorney or one of the following sources:

  Equity, Access and Diversity Programs
  UNL Campus
  128 Administration Building
  (402) 472-3417

  Nebraska Equal Opportunity Commission
  5th Floor, 301 Centennial Mall South
  Lincoln, NE
  (402) 471-2024
  Investigates charges of alleged discrimination

  Federal Equal Opportunity Commission
  1222 Spruce Ave, Rm. # 8.100
  St. Louis, MO 63103

  Lincoln Commission on Human Rights
  440 S. 8th Street, Suite 101
  Lincoln, NE 68508

  It is a good idea to keep a private record of the dates and events that form the basis of your charge and the names of the people involved, whether they are perpetrators or witnesses. This record will help you explain to the attorney exactly what has been going on and may be very useful if a court action results.

  Do not delay in seeking legal advice. In some instances discrimination complaints must be filed within 180 days of the discriminatory act.

• What Is Sexual Harassment In The Workplace?

  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. Sexual harassment is a violation of state and federal laws.

  The victim as well as the harasser may be a woman or a man, and the victim does not have to be of the opposite sex. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Unlawful sexual harassment may occur without economic injury to or discharge of the victim. The harasser's conduct must be unwelcome; the victim should use any employer complaint mechanism or grievance system available. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation.

• What Can I Do If I Am Being Sexually Harassed At Work?

  Be sure to express your feelings during the incident to the person harassing you indicating that you are not interested. In your report of the incident, describe the feeling you had both during and afterwards. Immediately document in writing exactly what occurred, including verbal portions. List the names and job positions of witnesses, especially supervisory employees, and specify date and location of the incident. Notify in writing, either your supervisor or, if that is not practical, the Affirmative Action Officer, or the Personnel Director. Provide that person with copies of the information you have gathered; be sure to keep the original. Indicate your insistence that some action be taken. If the problem is not corrected immediately, you should file a formal complaint with the Nebraska Equal Opportunity Commission or the U.S. Equal Employment Opportunity Commission within 180 days of the incident (may be extended to 300 days if also covered by state law). The Commission will review your charge and contact you by mail or in person. The Commission investigates your charge and if it finds it is justified, the Commission tries by conciliation to end the discrimination. If the conciliation fails, the case is sent to Public Hearing. It is forbidden by law to punish you for filing a charge, for acting as a witness, or for assisting complaint.

  Though Student Legal Services attorneys do not handle sexual harassment proceedings, registered students may come into the office to discuss their situation and find resources that may be helpful. Some organizations that may be able to assist you are the Nebraska Equal Opportunity Commission, Lincoln Commission on Human Rights, and Nebraska Bar Association.

  If it is an on-campus situation, contact the Equity, Access, and Diversity Programs.

• What Is The Student Code Of Conduct?

  The University of Nebraska Student Code of Conduct outlines the rights and responsibilities students have as members of the university community. The purpose of the Code is to set forth the rules of conduct required of all UNL students and to ensure the right to due process and counsel for a student accused of misconduct. It also protects the rights of the university community by providing for appropriate sanctions when violations occur. You can obtain a copy of the UNL Student Code of Conduct by contacting Student Judicial Affairs at (402) 472-2021, 106 ADM, or go to the web site at http://stuafs.unl.edu/ja/code/.

• What Is An Administrative Disposition?

  If you are accused of misconduct under the Code you will receive a letter from the Judicial Affairs Office advising you to schedule a meeting with the Director or an assistant. If you ignore the letter and fail to schedule an appointment the University will put a hold on your school registration or grades or refer the matter to the Judicial Board.

  Some cases of misconduct are addressed at a meeting between the student and the Director of Judicial Affairs. After talking with the student about the alleged misconduct and reviewing documents such as police reports the Director may offer the student an administrative disposition of his case. An administrative disposition may include sanctions ranging from a warning to suspension or expulsion from school. A sanction might include probation with requirements such as taking an alcohol education class or completing community service hours. The student has the choice of accepting or rejecting an offer of an administrative disposition. If the student rejects the offer, the case will be referred to the Judicial Board for a hearing. Cases of alleged misconduct that are considered more serious are not handled by an administrative disposition but are referred directly to the Judicial Board for a full hearing.

  If you believe the accusations against you are serious you should consult an attorney before scheduling a meeting with the Director. You may even want to bring your attorney with you to the meeting. Although Student Legal Services attorneys will meet with a student to outline the process and discuss options, SLS attorneys do not meet with the Director or represent students before the Judicial Board.

• What Are My Rights At A Judicial Board Hearing?

  The Board, composed of students and faculty members, hears cases of alleged misconduct and determines which sanctions are appropriate if a violation is found. If you are required to appear before the Judicial Board you are entitled to certain rights although these rights are more limited than those guaranteed in the criminal justice system:

  1. Closed Hearing. Judicial Board hearings are closed to the public in order to comply with the requirements of the Federal Family Educational Rights and Privacy Act.
  2. Confidential Files. Disciplinary files are confidential and may not be released without the written permission of the individual student or as otherwise authorized or required by law.
  3. Right to Legal Counsel. A student appearing before the Judicial Board has a right to have an attorney present at all times. However the right to an attorney is not the same as in a court of law. The student must speak on her own behalf and the legal counsel may not speak at the hearings but may advise the student during any proceeding.
  4. Due Process. Students are entitled to timely notice of the charges against them and of the time and place of all hearings. Students have the right to call witnesses and to ask questions during a hearing. Students have the right to remain silent during the hearing and do not have to answer questions asked by the board members.
  5. Appeal. A student that has been found to be in violation of the Student Code of Conduct has the right to appeal the decision of the Judicial Board to the University Appeals Board. The Student Code of Conduct outlines the steps required to appeal.

• Click here to see Student Grievance and Appeal Procedures Chart

• Do I Have The Right As A College Student To Access The University´s Files On Me?

  Yes. The Family Education Rights and Privacy Act of 1974 (FERPA) guarantees college students the right to access educational records. FERPA is also referred to as the Buckley Amendment because it was sponsored by Senator James Buckley of New York.

  FERPA applies to any public or private agency or institution receiving federal funding.
  FERPA allows students pursuing postsecondary education or students who are above 18 years of age the right to access their education records, the ability to get their education records amended, and some control over the disclosure of their information from the records.
  FERPA covers all "education records" maintained by an educational institution.
  FERPA requires prior written consent to be given in order to disclose records to someone else.

  For more general information on this law, check out The Department of Education´s website at www.ed.gov.

• What Are "Education Records"?

  Any records maintained by an educational institute with information personally identifying you as an individual are defined as education records. In other words, these records directly relate to you as a student. Education Records do not include law enforcement, doctor-patient and alumni records. FERPA is not violated by the posting of directory information. You can request that your directory information not be published.

• What Is Directory Information?

  Your name, address, telephone number, date and place of birth; your major field of study, participation in an officially recognized activity or sport and your weight and height if you are on an athletic team; your dates of attendance at the school, the degrees and awards you have received and the previous educational institution that you attended.

• Are There Any Exceptions To FERPA?

  Yes. Education records are generally only released by written consent, but there are exceptions. Some of the major exceptions are:

  • Authorized auditors from state and federal programs. For example, The Department of Education, the United States´ Attorney General´s Office and educational authorities from the State of Nebraska.
  • Personnel from the University with a legitimate educational interest.
  • Person(s) providing financial aid to you.
  • In emergency situations, information can be given out if necessary to protect a student or another student´s health or safety.
  • To read other exceptions, go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
• Are My Parents Prevented From Accessing My Education Records Under FERPA?

  Not necessarily. If your parents establish that you are their dependent as defined by the Internal Revenue Code of 1986, § 152, then your parent can access your records at the University´s discretion. The IRS Code states a dependant is someone (such as a son or a daughter) who received over half of his/her support during the taxable calendar year. The law is available at http://www.law.cornell.edu/uscode/search/index.html.

• How Does FERPA Affect The University´s Policies?

  The University is obligated to inform students annually of their rights under FERPA. The University informs students of its records policy through the student handbook. The handbook is accessible on the web at http://www.unl.edu/ucomm/current/ (to click on "academic handbook" and see chapter on "student records").

• Where Are Student Records Located At UNL?

  Students´ UNL records include a cumulative academic folder in the Office of Registration and Records. This folder may also be held by some college offices, faculty advisers or academic departments–depending on your major. If needed, a confidential file is kept in the Division of University Housing, the Office of Greek Affairs, or the Office of the Vice Chancellor of Student Affairs. The file´s location depends on the circumstances of your behavior and/or the disciplinary action(s) taken against you. UNL may have other personal student files in the Career Planning and Placement Center, the Office of Scholarships and Financial Aid, or the Office of Student Accounts.

• Who Has Access To My Files?

  All faculty and staff in the office where your academic information is kept can access your files. Typically, only staff in the office in which you had a disciplinary issue can access your behavioral information.

• Who Cannot Access My Files?

  No person or agency outside the University can access your information without your written consent.

• What If I Think The Law Is Not Being Followed By The University?

  The United States Department of Education has an office and review board for investigating and reviewing complaints of FERPA violations. If the Secretary of the Department finds the school has failed to comply with FERPA action may be taken to terminate financial assistance from the federal government to the institution. If you have a complaint you are required to file the alleged violation within 180 days from its occurrence. Send the complaint to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington D.C., 20202-5920.

  Students must have reasonable cause for making the allegation. You should write the complaint with factual and specific allegations for why you believe a violation occurred. This includes:

  • Relevant dates (e.g., the date you learned of the violation)
  • Names of those involved (e.g., school officials, campus police)
  • Detailed description of the education record involved and of any contact had with school officials about the matter (e.g., dates and times of telephone calls, copies of correspondence with the school)
  • Name and address of the school
  • Any other information that would be helpful in evaluating your complaint.

  For more information on how to allege a complaint about a FERPA violation, see http://www.ed.gov/policy/gen/guid/fpco/ferpa/students.html.

• If I Get In Trouble On Campus Will My Parents Find Out?

  Records of campus disciplinary proceedings are also protected under FERPA and cannot be disclosed without your written consent. As stated earlier, if you are dependent on your parents for tax purposes then your parents can also access your disciplinary information. Other disciplinary exceptions are:

  Alcohol Amendment: In 1998, FERPA was amended in order to allow colleges to disclose to parents a son/daughter´s use or possession of alcohol or controlled substance. A student´s consent is not necessary for this disclosure to be made and the student must be under 21 at the time of disclosure; and

  Victims of Crimes: Victims of violent crimes and sexual assaults are able to access information regarding the disciplinary sanctions given to an alleged attacker without the attacker´s consent.

• How Can I Access My Personal Files At The University?

  The student handbook allows students to access personal files by contacting the chief supervisor of the particular department where the records are stored. The supervisor will explain the steps you need to take to access your files, along with the costs involved if copies are requested. In addition, MyRed offers your grades, financial and registration information to you, but you need your student I.D. and password.

Download this portion here.

Parking on the UNL Campus

• Do I Have To Buy A Parking Permit?

  If you want to use UNL parking facilities, you need to obtain a parking permit. All UNL parking facilities, except meters and time-controlled zones, require a permit at all times unless otherwise posted. Vehicles will be ticketed once each 24-hour period (beginning at midnight) for most violations except metered and time-controlled areas.

  For the latest information on obtaining a parking permit and the costs go the UNL Parking and Transit Services web cite: http://parking.unl.edu.

• What Happens If I Get A Ticket?

  You must pay the ticket within 30 calendar days from the date of the violation. The penalties for various types of parking tickets range from $10 to $200 with the more expensive tickets being Unauthorized Parking in a Handicapped Stall or using a counterfeit or stolen permit. For a complete list of the parking ticket fine schedule, go to http://parking.unl.edu/enforcement.

  Failure to pay any portion of your parking tickets will result in your license plate number being placed on the impoundment list for towing. Unpaid parking tickets may also result in a student´s grades or registration being held.

• This Ticket Is A Mistake! What Can I Do About It?

  Appeal it. If you feel you have been unjustly issued a parking ticket you have 14 days from the date of the violation to file an appeal with UNL Parking Appeals Committee. You must prove by "substantial and valid evidence" that the parking violation was not committed or that it occurred due to circumstances beyond your control. An appeal may be filed by filling out an appeal form at the UNL Parking and Transit Office on campus at 625 Stadium Drive Parking Garage, Suite A (lower south west corner) or sending a letter by regular mail or e-mail or through the web site. E-mail: park@cwis.unl.edu Web site: http://parking.unl.edu.

• I Received A Parking Ticket From The City While On Campus. Do I Have To Pay?

  If you don´t pay the ticket within 15 working days your license plate will go on the city´s impoundment list and your car can be towed. Most city parking tickets cost $10. The fine is $40 for parking in front of a fire hydrant, $100 for parking in a handicapped stall without a permit on the first offense, $200 on the second offense and $300 on the third offense. If you miss the deadline on paying the ticket and your car gets towed you will have to pay the $53 towing fee in addition to storage costs.

• Is There Anyone I Can Talk To About This Unfair City Parking Ticket?

  If you believe your ticket would be dismissed if someone heard your explanation, you might try talking to one of the attorneys representing the city. You should be aware that anything you tell a city attorney may be used against you in court. He or she is not representing you. The city attorney´s job is to prove that you violated the law. However, since he or she has the discretionary power to dismiss your ticket, you may elect to try to discuss it with him or her.

• How Do I Contest This City Parking Ticket In Court?

  If the city attorney chooses not to dismiss your ticket, you may ask him or her to set an arraignment date. On your arraignment date, you will go to the assigned courtroom and enter a plea of not guilty. The judge will set another date for trial. You may hire an attorney or represent yourself at the trial on your parking ticket.

• I Received A Traffic Ticket. Do I Have To Appear In Court?

  Unless you pay the ticket ahead of time through the mail you must appear in court on the date and time noted in a box on the lower right hand side of the ticket. This first court date is called an arraignment.

• What Is An Arraignment?

  An arraignment is a hearing in court before a judge in which the charge against you is read. You will be asked to enter a plea of "guilty" or "not guilty." If you have not had an opportunity to consult an attorney prior to the arraignment and you wish to do so, it is possible to enter a plea of "not guilty" at the arraignment and still change your plea to "no contest" or "guilty" at a later date if, after discussing your case with an attorney, you decide you do not want to contest the charge. If you plead "not guilty" at the arraignment, the judge will set a date for trial approximately four weeks from the day of arraignment. Pleading not guilty at the arraignment leaves all your options open until you have more time to decide what you want to do.

  If you do not want to contest the charge or talk to an attorney, you can plead "guilty" or "no contest" at the arraignment and the judge will usually sentence you on the spot. If you were involved in an auto accident but you do not want to contest the traffic ticket, always plead "no contest" rather than "guilty."

• Can I Just Pay The Traffic Ticket Without Appearing In Court?

  Sometimes it is possible to avoid going to court if you wish to plead guilty to some types of traffic offenses. This can be done by signing a "waiver" of rights form, which is sometimes printed on the back on the ticket. Then you either mail it to the court along with the fine and court costs or sign it and pay the fine in the office of the Clerk of the Court.

  When you sign a waiver you waive your constitutional right to a trial, to confront witnesses against you and other related rights. However, if you have no intention of contesting your case, it may be the most convenient way to proceed.

  Some traffic offenses are waiverable and some are not. Counties differ in their waiver policies. In most counties, you must appear in court if, for example, you are charged with driving in excess of 20 miles per hour over the speed limit. You are also often not allowed to pay the fine by waiver if you are involved in an accident or are charged with negligent, careless, or reckless driving. Waiver forms and information concerning waivers can be obtained from the courthouse of the county where you received the citation.

  If you are pleading guilty by waiver, remember that the court must receive the waiver and payment of fine and court costs PRIOR to the date of the arraignment. If you fail to show up for your arraignment and you fail to take care of the citation by waiver, a bench warrant can be issued for your arrest and you can be charged with the additional criminal offense of failing to appear. Notification of your failure to appear will be sent to the Nebraska Department of Motor Vehicles, and your driver´s license will be suspended unless you take care of the ticket within 20 days.

• I Want A Trial On My Traffic Ticket: Should I Hire An Attorney?

  If you want to contest a traffic offense you must decide whether to hire an attorney to represent you or to represent yourself. Because of the less severe penalties given in traffic offense cases than in other criminal cases, the free legal services of a court-appointed attorney are usually not provided.

  This may come down to a cost/benefit analysis: You must weigh the cost of hiring an attorney to represent you in court against the possible penalties. If you face just a fine it may not be worth hiring an attorney but if your driver´s license is at stake because of points it may very well be worth the expense.

  Student Legal Services has a policy of representing students in certain types of traffic offense cases in Lancaster County. Even if your case does not fall within the Student Legal Services guidelines for representation, an SLS attorney can review your case and help you consider your options.

• Can I Just Represent Myself?

  Yes, you can but there is an old saying in the legal profession that he who represents himself has a fool for a client. If you have considered the alternatives and still want to represent yourself, you need to learn how a traffic offense is prosecuted. It is the prosecutor´s job to prove beyond a reasonable doubt that you committed the violation.

  The prosecutor will present evidence first. This usually involves calling as a witness the police officer who gave you the citation. After the officer testifies you will have an opportunity to ask him or her questions. The prosecutor sometimes calls additional witnesses.

  After the prosecutor has finished putting on evidence, it is your turn. You (the defendant) may take the oath and testify for yourself. If you do so, the prosecutor can ask you questions after you testify. You may also call other witnesses who can help your case, such as a passenger who can testify that you were not speeding.

  After you have finished presenting your evidence, the prosecutor has the option of calling rebuttal witnesses. The prosecutor and then the defendant will each have an opportunity to summarize their arguments to the judge before the trial is over.

• What Is "The Point System"?

  In addition to the penalties of fines and court costs, a conviction of some types of traffic violations can also cost you points off your driver´s license. The Nebraska Department of Motor Vehicles (DMV) will revoke the driver´s license and privilege to drive of anyone accumulating 12 or more points within a two-year period.

  The revocation is usually for a six-month period starting the date the order of revocation is signed. A person who has had his or her driver´s license revoked must complete a driver´s education course approved by the Department of Motor Vehicles and must pay the cost of the course to get the license back.

  If you are under 21 years old and accumulate six or more points within a one-year period you will be notified by the DMV that you must take an eight-hour driving class or your license will be suspended.

  Anyone the police catch driving during the period of revocation will be charged with the crime of Driving Under a Suspended License (DUS). The penalty for conviction of DUS in Lancaster County is up to 90 days in jail and a fine of $500, and one year additional license suspension.

• How Can I Check My Points?

  If you want to find out how many points are assessed for a particular traffic violation consult Section 60-4,182, Volume 3B of the Nebraska Revised Statutes. The Department of Motor Vehicles keeps a record of points accumulated for anyone holding a Nebraska driver´s license. You can access the Nebraska Department of Motor Vehicles website at https://www.nebraska.gov/dmv/reinstatements/client.cgi to find out how many points you have accumulated.

• What Is The Difference Between A Misdemeanor And A Felony?

  Crimes are divided into three general categories: felonies, misdemeanors and infractions. Crimes classified as felonies are considered to be more serious, carry a more severe penalty, and involve a more complex court procedure. Although misdemeanors are considered less serious than felonies, a person convicted of a misdemeanor often risks the possibility of being fined and sometimes going to jail. Infractions usually carry only a fine and are often categorized with traffic violations. It is possible to be charged with violating a federal law, state law or a city ordinance.

• Can I Get A Free Attorney To Represent Me?

  The Student Legal Services´ attorneys provide court representation to students charged with misdemeanors in Lancaster County but not felonies. Students charged with a felony or a misdemeanor outside of Lancaster County need to hire a private attorney or request the appointment of the Public Defender. Public Defenders are attorneys appointed by the court to represent defendants who cannot afford to hire their own attorneys.

  If Student Legal Services cannot represent you, we can give you suggestions on how to obtain legal representation.

• I´ve Been Cited (Arrested) For A Misdemeanor: What Are My Rights?

  Finding yourself in a situation in which you are arrested and questioned by the police is not something anyone wants to think about. However, unless you understand some basic facts about your rights and responsibilities during various stages of the criminal process, it is easy to incriminate yourself and jeopardize your legal defense.

• How Do I Know If I´m Under Arrest?

  You are arrested when you are taken into custody or when your freedom is restricted by a police officer. Sometimes arrest involves a search of your person or a "pat down" and handcuffing. Many times you will simply be instructed to accompany an officer to the police station. If you are ever in doubt as to whether you are under arrest or not, it usually doesn´t hurt to ask. If you are not under arrest, you should be free to leave. If the officer will not let you leave, then you are under arrest. Once you are under arrest, your Miranda Rights are in effect.

• What Are Miranda Rights?
  1. You have a right to remain silent.
  2. Anything you say to anyone can and will be used against you.
  3. You have a right to have an attorney present to represent you.
  4. If you cannot afford an attorney, the court will appoint one.

  Whether the police officer tells you these rights or not, you should exercise them. It is best not to answer any questions from the police or talk to anyone until you have an opportunity to talk to an attorney. Being under arrest is an intimidating situation. You may think that if you answer the
  officer´s questions, he or she will let you go or the judge will be easier on you. This is not the case. It is the officer´s job to collect evidence in support of the charges. If you do have information which can help your case, let an attorney help you decide how the information can best be used. If the police want to question you, tell them you want to call your attorney and you don´t want to talk to them until the attorney is present.

• What Is The Difference Between Receiving A Citation And Being Arrested?

  Tickets or citations are sometimes given to a defendant instead of going through the process of taking you to jail, fingerprinting you and taking your mug shot. If you are issued a ticket for a misdemeanor, that is considered an arrest. You are required to show up in court for your arraignment on the date and time noted on the citation. Failure to appear can result in a criminal charge and the issuing of a bench warrant for your arrest.

  If you are taken to jail and charged with a misdemeanor it is often possible to post bond and be released from jail within a few hours. If you do not have enough money with you to post your bond you can use your one phone call to contact someone who can post it for you. If you are charged with a felony you will have to stay in jail until the judge sets your bond at the arraignment, which is usually within 24 hours unless you are arrested on the weekend when court is not in session. The purpose of a bond is to insure that you will appear at your next court date. If you do not appear the bond money will be forfeited, a warrant will be issued for your arrest and you will receive the additional charge of Failure to Appear.

• Can My Residence Hall Room Be Searched, And What Are The Consequences Of Getting Caught With Drugs Or Alcohol?

  The right to privacy, guaranteed by federal and state laws, applies to your residence hall room. Entry to student rooms is limited to emergency or repair circumstances as deemed necessary by complex staff, or as may be legally required.

  In order to maintain its property and a safe environment for students, University Housing reserves the right to have authorized personnel wearing identification enter and inspect residence hall rooms at reasonable times, as deemed necessary. University personnel may enter a room after first knocking on the room door and announcing a request to enter. Reasonable time will be given for occupants to respond before entry occurs. If residents are not in the room, a room entry report will be left to notify residents of such an entrance.

  Consequences for violations may include educational requirement, conduct probation, behavioral requirement, parental notification, housing relocation, housing contract cancellation, and/or referral to Judicial Affairs Office.

  For more information about UNL´s policy on your right of privacy in the residence halls, go to: http://housing.unl.edu/parents/pdf/rightsresponsibilities11.pdf.

• What If The Police Knock On My Door?

  Resident Assistants may call the police if they suspect alcohol or drug use/possession. The police may take steps to obtain a warrant to enter the student’s residence room unless the officer decides there is probable cause to believe criminal activity is going on and emergency circumstances justify immediate entry.

  If the police knock on your door you should step outside, close the door behind you and politely ask how you can help. You should not give the police consent to search your room, person or possessions. On the other hand, you should never physically resist a police officer. If you would like to learn more about your constitutional rights when dealing with law enforcement check out http://www.FlexYourRights.org.

  If the police are called to investigate an incident in the residence halls involving illegal drugs or alcohol, the student may be issued a citation or arrested and face criminal charges. (See MISDEMEANORS section above)

• When Can An Officer Search My Belongings Or Me?

  Before or during an arrest the police may want to search your person, apartment or car. There are two basic rules to remember in this situation: 1) Never give the police consent to search your person, apartment, house, or vehicle either verbally, in writing, or by your actions, and 2) Never physically resist the police or physically try to stop them from searching. Simply state that they do not have your permission to search.

• Do I Have To Answer Police Questions?

  If the police ask you to come to the station and talk to them, but you are not under arrest, you do not have to do so. If you say anything incriminating during this "voluntary cooperation" session it can be used against you. Since you are not in custody, the police have no obligation to remind you of your right to remain silent. This is not to suggest that you should be rude or lie to the police; simply tell them you do not want to talk to them without your attorney present. You also do not have to agree to have your photograph taken or submit to fingerprinting if you are not under arrest.

• What Is An Arraignment?

  The arraignment is the first time you go to court in relation to your case. If you have hired an attorney, your attorney may go with you to court. The hearing proceeds in this order:

  1. All the information concerning your arraignment is noted on your citation, including time, date, and courtroom number. If you do not have a citation call the city (441-7283) or county (441-7321) attorney´s office to get this information.
  2. Sit down in the courtroom and wait for your name to be called. When your name is called go to the front of the courtroom and stand before the judge.
  3. The prosecutor will read aloud the charge pending against you. The judge will ask if you understand the possible penalties and if you are prepared to enter a plea at this time.
  4. You should not plead "guilty" or "no contest" unless you have talked to an attorney. Once you plead "guilty" or "no contest", you cannot change your mind later and ask for a trial. If you plead guilty or no contest, the judge will ask the prosecutor for a factual basis. The prosecutor will read facts supporting the charge from the police report. The judge will ask if you have anything to say about the facts. You may give your version. If the judge accepts the guilty or no contest plea, he or she will usually proceed immediately to sentencing unless the judge wants to order a pre-sentence investigation, in which case a sentencing date will be set about five or six weeks away. If the judge proceeds to sentencing, you will have a chance to speak on your own behalf before the sentence is given.
  5. If you plead not guilty, the judge will set a date for trial about five weeks away. You have three basic options in terms of obtaining an attorney. The judge will ask if you plan to have an attorney represent you at the trial. If you have hired a private attorney or you intend to hire one, give this information to the judge. If you are charged with a misdemeanor in Lancaster County, a Student Legal Services attorney might represent you. If you are charged with a crime that carries a possible jail sentence and you can´t afford to hire an attorney, you may ask the court to appoint an attorney from the Public Defender´s Office to represent you. Always plead "not guilty" at arraignment unless you have discussed your case with an attorney and you are sure you do not want to contest the charge. You can change your plea to guilty later in the proceedings if you want to and the judge will not penalize you for pleading not guilty at arraignment.

• My Attorney Filed A Motion To Suppress In My Case: What Does That Mean?

  If you are represented by an attorney he or she will discuss the progress of your case and keep you informed of hearings you must attend or decisions you must make regarding your case.

  Sometimes your attorney will file pretrial motions such as a motion to suppress evidence. The judge will hold a separate hearing on the motion prior to your trial and will render a decision on the particular issue raised in the motion. Your attorney should explain to you the purpose of the motion and the significance of the outcome.

• What Is Plea Bargaining?

  Occasionally during the period between arraignment and trial, your attorney will persuade the prosecutor to reduce the charge pending against you to a lesser charge with a less severe penalty in return for your plea of guilty or no contest to the amended charge. Sometimes the prosecutor will dismiss the charge altogether if you agree to pay the court costs.

  If you are not represented by an attorney you may be tempted to discuss your case with the prosecutor to try to persuade him or her to reduce or dismiss the charge. This is usually a mistake. Anything you say to the prosecutor regarding your case that might be incriminating can be used against you later in court.

• What Is Pretrial Diversion?

  Lancaster County has a pretrial diversion program available to first time offenders charged with certain types of crimes (NOT DUI). Under the Pretrial Diversion Program, the prosecutor dismisses your case if you 1) are accepted into the Pretrial Diversion Program and 2) admit to the pretrial screening officer that you believe there is a reasonable likelihood you would be convicted of the charge if the case went to trial. In Lancaster County, you may be accepted into the program after an interview concerning your background and criminal record check. A fee is charged and participants are required to complete a minimum of 24 hours of volunteer work. In addition, participants must not be convicted of any offense during the pretrial diversion period. If a participant does not comply with the terms of pretrial diversion, the charge can be refiled.

  PRETRIAL DIVERSION

  If you are charged with a misdemeanor in Lancaster County, you may be able to have your case dismissed through Pretrial Diversion if you:

  • Have no prior criminal convictions
  • Complete 24-40 hours of community service
  • Complete course work such as alcohol education
  • Refrain from violating the law for 6 months

• What Happens At Trial? What Is My Role?

  If your attorney and the prosecutor have not been able to work out a satisfactory resolution to your case prior to trial, the judge or jury will decide your innocence or guilt of the charge pending against you. The prosecutor must carry the burden of proving your guilt beyond a reasonable doubt.

  You and your attorney will decide if you should testify on your own behalf and make other strategic decisions together.

• Can I Represent Myself?

  Yes you can, but there is an old saying in the legal profession that he who represents himself has a fool for a client. If you have considered the alternatives and still want to represent yourself, you need to learn how a misdemeanor is prosecuted. It is the prosecutor´s job to prove beyond a reasonable doubt that you committed the crime.

  The prosecutor will present evidence first. This usually involves calling as a witness the police officer who gave you the citation. After the officer testifies you will have an opportunity to ask him or her questions. The prosecutor sometimes calls additional witnesses.

  After the prosecutor has finished putting on evidence, it is your turn. You (the defendant) may take the oath and testify for yourself. If you do so, the prosecutor can ask you questions after you testify. You may also call other witnesses who can help your case.

  After you have finished presenting your evidence, the prosecutor has the option of calling rebuttal witnesses. The prosecutor and then the defendant will each have an opportunity to summarize their arguments to the judge before the trial is over.

• What Is A Pre-Sentence Investigation?

  The judge often orders a pre-sentence investigation after the defendant has been found guilty or pleads guilty and requests probation. The purpose of the pre-sentence investigation is to look into the defendant´s background to see if he or she is likely to be a good candidate for probation. The pre-sentence investigation is conducted by the probation office. The defendant meets with a probation officer who interviews the defendant regarding past criminal offenses, educational and family history, employment record and use of alcohol and drugs. Sometimes tests are conducted to measure a defendant´s drug or alcohol use as in a case where the defendant is charged with Driving While Under the Influence of Alcohol (DUI). The probation office prepares a report on this information along with a recommendation to the court as to whether the defendant would be a good candidate for probation. The judge studies this report prior to making a decision.

• Can I Speak To The Judge Before I´m Sentenced?

  Yes. The right of allocution is the right of the defendant to speak on her own behalf in open court before the judge prior to the pronouncement of sentence. In addition to this right you may present evidence to the Court in order to persuade the court that probation or a lighter sentence is appropriate in your case. Evidence may consist of witnesses who are familiar with the defendant´s character and can give positive information regarding her potential for a successful probation.

• What Is Probation?

  If the defendant is granted probation certain "probation conditions" will be ordered by the court and the defendant must abide by these conditions or risk jail. The court may order any condition it deems appropriate that is reasonably related to the defendant´s rehabilitation. If the defendant/probationer is convicted of violating probation conditions she can be resentenced on the original charge, which may include jail.

• What If I´m Sentenced To Jail?

  If you are facing a jail sentence you should be represented by an attorney. If you cannot avoid a jail sentence the court might grant you work and school release. In Lancaster County, if you receive a jail sentence of less than 30 days, the judge may grant you house arrest.

• What Is Work And School Release?

  Work/School release allows the defendant to go to work or classes but return to the jail immediately afterward. If you expect jail time you need to obtain a Work/School Release form and fill it out completely. You will need the signatures of your boss and your academic advisor.

• What is "House Arrest"?

  House arrest is when the judge allows you to serve a jail sentence at home. You must wear a monitoring anklet and are allowed to leave your home only for work and school. You will be charged a fee for house arrest in addition to any other fines and costs the court orders you to pay.

• What Kind Of Penalties Will I Be Facing? (Misdemeanor Chart)

  

• What If I Can´t Pay My Fine?

  If you cannot pay a fine ordered by the court on sentencing day you should ask if you may make special arrangements regarding payment. The Clerk´s office will present you with a time payment form at your request. You must have the fine and court costs paid by the date on the form or a bench warrant will be issued for your arrest. In some cases the judge may allow you to complete community service hours in lieu of the fine at the rate of one hour of community service per $10 of your fine.

• How Will This Conviction Affect Me?

  A conviction is a permanent part of your criminal record and may affect job or professional school opportunities. The effect it will have on your future depends on the nature of the crime and the type of job you are seeking. Completion of the Pretrial Diversion Program will keep a conviction off your record but it will not erase the record of your arrest or citation.

• Can I Get My Criminal Record Expunged Or Erased?

  Nebraska has a law, Nebraska Revised Statute, §29-2264, which allows a person to petition the court for an order setting aside, or nullifying, the conviction. Forms and instructions for filing a petition to have your conviction set aside can be found in the self-help section of the Nebraska Judicial branch web site at http://court.nol.org/self-help/set-aside-crim-convict.html.

  The value of expunging a criminal record has been called into question in recent years because of the advances in information technology which allow almost anyone access to all types of personal history. For a discussion of this topic go to: http://www.npr.org/templates/story/story.php?storyId=114276194.

  Nebraska Revised Statute §29–3523 is another Nebraska law which describes circumstances in which a criminal arrest (as opposed to a conviction) record can be corrected by petitioning the district court in the county where the person was arrested.

Students who become victims of crimes need to know how the criminal justice system will respond to what has happened to them.

• How Can I Be Certain That Charges Will Be Filed Against The Perpetrator?

  Report the incident to the police as soon as possible. The sooner the police are involved the better chance they have of apprehending the perpetrator and collecting evidence and names of potential witnesses. After the police have gathered information and arrested or cited suspects a report of the case is developed and forwarded to the City or County Attorney´s office.

  Talk to the prosecutor assigned to your case and request that charges be filed if they have not been filed already. The attorneys who work in the City or County Attorney´s office are called prosecutors. The prosecutor handling the case must decide 1) if charges should be filed, 2) which charges should be filed, and 3) against whom. The prosecutor is also responsible for representing the people of the state in proving in court that the person charged with the crime did in fact commit the crime beyond a reasonable doubt. If you are a victim of a crime you will be working with the prosecutor assigned to your case. The prosecutor will explain what will be asked of you during the proceedings, including pretrial depositions and trial testimony.

• Will I Have To Testify?

  If you want the perpetrator to be convicted you will probably have to testify. However, victims are not required to testify in court in every case. Sometimes cases are settled prior to trial in the plea bargaining process. The County Attorney may decide to allow the defendant to plead guilty to a reduced charge in which case there will not be a trial. If you are asked to testify the County Attorney should meet with you prior to trial and help you prepare your testimony.

• Will I Be Reimbursed For Property Damage And Medical Costs?

  If your property has been damaged or destroyed as a result of the crime or you have suffered injury requiring medical attention, the perpetrator of the crime may be required to pay restitution and reimburse you. You should discuss the possibility of restitution with the prosecutor handling your case. Sometimes perpetrators will be required to pay restitution to the victim as part of probation requirements. If the perpetrator is sentenced to jail, restitution may not be part of the sentence ordered by the court.

• Can I File A Civil Lawsuit Against The Perpetrator?

  In some cases the restitution provided to the victim through the criminal justice system is inadequate or nonexistent. You may choose to file a lawsuit in civil court against the perpetrator of the crime to win compensation for any damages, including pain and suffering. This lawsuit is separate from the prosecution in criminal court. For example, in a situation where the victim is sexually assaulted, two legal proceedings can take place. One legal proceeding is the criminal prosecution of the alleged perpetrator. The second legal proceeding is a civil suit filed by the victim against the alleged perpetrator for money damages. The victim could sue under an intentional tort theory for medical expenses, pain and suffering, etc. You will need to have a lawyer represent you in the civil lawsuit unless you elect to file your case in Small Claims Court.

• What Are My Rights As A Victim?

  Nebraska has a statutory Bill of Rights for Victims in section 81-1848 of the Nebraska Revised Statutes. Please see the chart below.

  VICTIMS BILL OF RIGHTS
  Victims and witnesses of crimes have the following rights:

  1. To be informed by local law enforcement agencies and the county attorney of the final disposition of the case. If the crime charged is a felony, the victim shall be notified whenever the defendant or perpetrator is released from custody;
     
     
  2. To be notified that a court proceeding to which they have been subpoenaed will not go on as scheduled, in order to save the person an unnecessary trip to court;
     
     
  3. To receive protection from harm and threats of harm arising out of their cooperation with law enforcement and prosecution efforts, and to be provided with information as to the level of protection available;
     
     
  4. To be informed of financial assistance and other social services available as a result of being a witness or a victim of a crime, including information on how to apply for the assistance and services;
     
     
  5. To be informed of the procedure to be followed in order to apply for and receive any witness fee to which they are entitled;
     
     
  6. To be provided, whenever possible, a secure waiting area during court proceedings that does not require them to be in close proximity to defendants and families of defendants;
     
     
  7. To have any stolen or other personal property expeditiously returned by law enforcement agencies when no longer needed as evidence. If feasible, all such property, except weapons, currency, contraband, property subject to evidentiary analysis, and property the ownership of which is disputed, shall be returned to the person within ten days of being taken;
     
     
  8. To be provided with appropriate employer intercession services to insure that employers of victims and witnesses will cooperate with the criminal justice process in order to minimize an employee´s loss of pay and other benefits resulting from court appearances;
     
     
  9. To be entitled to a speedy disposition of the case in which they are involved as a victim or witness in order to minimize the length of time they must endure the stress of their responsibilities in connection with the matter; and
     
     
  10. To have the family members of all homicide victims afforded all of the above rights.

  Excerpt from Nebraska Revised Statutes §81-1848

• Where Can I Go For Counseling And More Information?

  Various community organizations have attempted to establish sources of help for victims. Some sources attempt to help victims cope with the psychological and emotional injury suffered as a result of the crime while other organizations offer monetary compensation.

  UNL Victim Advocate–Women´s Center, 340 Nebraska Union. This on-campus service provides students with crisis intervention, counseling and referral in situations involving sexual assault, relationship violence and stalking. (402) 472-0203

  Counseling and Psychological Services–213 University Health Center. Professional counseling available to currently enrolled students. (402) 472-7450 or 472-3461

  Crime Victims Reparations Committee–P.O. Box 94946, Lincoln, NE 68509-4946. Victims, dependents of victims, or parents of victims are eligible. Must have suffered bodily injury from a crime. Committee awards up to $10,000 to cover medical and other expenses not recoverable by insurance or other sources. (402) 471-2828

  Victim Witness Unit – Lincoln Police Department. Refers victims to various sources of help; provides information on the legal process. Volunteers accompany victims to court. (402) 441-7181

  Rape/Spouse Abuse Hotline – Gives Lincoln area victims information regarding help and shelter; provides assistance in reporting abuse. (402) 475-7273

  Nebraska Domestic Violence Crisis and Support Resource: http://www.aardvarc.org/dv/states/nedv.shtml

  Child Protective Services–Provides help in cases of child abuse. (402) 471-7000 In Omaha: YWCA Women Against Violence–Helps in cases of child/ spouse abuse, domestic violence, sexual assault, and child sexual assault. (402) 345-7273

  Statewide Abuse Hotline (800) 652-1999 (toll free)

• I'm Having A Party: How Can I Avoid Legal Problems?

  Some basic tips are:

  • Control who enters your apartment and know who is attending your party.
    
    
  • Control the noise level of people and music both inside and outside your apartment.
    
    
  • Do not serve alcohol to persons under 21 years of age; have non–alcoholic beverages available.
    
    
  • Do not charge money at the door or for keg cups.
    
    
  • Show respect and consideration to your neighbors: Do not allow guests to litter on the lawn or block driveways.
    
    
  • If police knock on your door, step outside to talk to them, closing the door behind you.
    
    
  • Cooperate with police in terminating the party if requested BUT do not consent to a search of your house or person.
    
    

  For more information on your legal rights in relation to law enforcement, check out www.FlexYourRights.org.

  Also see Misdemeanor Chart above ("What Kind Of Penalties Will I Be Facing?") for penalties on party offenses such as MIP, Maintaining A Disorderly House, or Procuring Alcohol For A Minor.

• What Is DUI? What Is DWI?

  Under Nebraska law, you can be convicted of Driving While Under the Influence of Alcohol Or Of Any Drug (Nebraska Revised Statute §60-6,196) if you were operating a motor vehicle or exercising physical control over one while under the influence of alcohol or any drug or when you score a .08 or more on a chemical test of your blood, breath, or urine. In Nebraska a DWI and DUI are simply different acronyms for the same offense.

• I Was Ticketed For A DUI And The Police Officer Took My Driver's License. What Should I Do?

  When you are ticketed for a DUI in Nebraska, you are subject to TWO SEPARATE processes:
     -- Administrative License Revocation (ALR) by the Department of Motor Vehicles (DMV); and
     -- Court.

  You Should:

  1. Contact an attorney
  2. Within 10 days of your arrest/ticket, either file the petition for the ALR hearing OR
     Apply for the Ignition Interlock Permit from the DMV.
  3. Go to your arraignment (the court date listed on your ticket) with your attorney.

  1. The first thing you should do is contact an attorney.

     If you are a fee-paying UNL student and your ticket was issued to you in Lancaster County, you are entitled to free legal representation sponsored by your ASUN student government. CALL Student Legal Services (SLS) at (402) 472-3350 for an appointment.

     If you are a fee-paying UNL student and your ticket was issued somewhere other than Lancaster County, you can call SLS for an appointment to ask questions, but we cannot represent you in court.

     If you are not a UNL student, or your ticket is not in Lancaster County, you should contact a private attorney to represent you. If you cannot afford an attorney, you can ask for a Public Defender at your arraignment.

  2. The ALR Process (What To Do About Driving To Work and School)

     When you are ticketed for a DUI, the police officer will take your driver’s license and send it to the DMV. The officer will issue you a fifteen-day temporary license for the fifteen days following your arrest for DUI. The officer will also give you a Petition for an ALR hearing and an Application for an Ignition Interlock Permit (IIP).

     This is where Nebraska's new law give you options. You must make a decision to:

     1. Do nothing;
     2. File the Petition requesting an ALR hearing; or
     3. Apply for an ignition interlock permit.
     1. If you do nothing, your privilege to drive will be revoked for:
        • 180 days for a first ALR if you failed the chemical test (i.e., tested over .08)
        • 1 year for a Refusal to take the chemical test for a first ALR
        • 1 year for a second and all subsequent ALRs
     2. If, within ten days of your arrest/ticket, you file the Petition requesting an ALR hearing and you lose that hearing, your privilege to drive will be revoked for:
        • 180 days for a first ALR if you failed the chemical test (i.e., tested over .08)
        • 1 year for a Refusal to take the chemical test for a first ALR
        • 1 year for a second and all subsequent ALRs
     3. If you apply for the Ignition Interlock Permit (IIP), you waive your right to the ALR hearing, but you are eligible to drive your vehicle with the ignition interlock installed immediately following the end of your 15- day temporary license.
• What Is An ALR Hearing? (ALR = Administrative License Revocation)

  It is a hearing conducted by telephone conference call to determine if your driver’s license should be administratively revoked by the DMV (Department of Motor Vehicles). Usually present on the telephone conference call are: a DMV hearing officer, the arresting police officer and you, the ticketed driver. The arresting officer explains why he stopped the car and either submits a copy of the temporary license or, in the case of a Refusal charge, explains why he determined you refused the test.

  If you want an ALR hearing you must file the petition within ten days of your arrest. If you lose the hearing, you cannot drive until a judge orders you to apply for the IIP. This will take place at your sentencing hearing, after you are convicted in court. Most likely, the only way you will win the ALR hearing is if the arresting officer fails to participate in the telephone conference call.

  If your breath test result on the Intoxilyzer machine is .088 or below, you SHOULD file the petition requesting the ALR hearing.

  It is advisable to speak with an attorney before doing anything.

• What Will Happen At My First Court Date (The One Written On My Citation)?

  The citation for DUI states the date and time that you are to appear in court for arraignment. If you have not yet obtained legal advice, plead “not guilty” at the arraignment. The not guilty plea can always be changed later if, after talking to an attorney, you decide it is in your best interest to enter a guilty plea. At the arraignment the judge or prosecutor will call your name, tell you what the charges and penalties are and ask if you understand them and ask how you wish to plead. Without the advice or representation of an attorney always plead “not guilty.” You will be escorted to the Clerk’s office where you will be given a sheet of paper with your case identification number, trial date, time and courtroom number. You should bring this paper to your meeting with your attorney.

• Do I Need An Attorney?

  You do not need an attorney at your arraignment, but the sooner you speak with and hire an attorney the better. An attorney can obtain copies of the police report, talk to witnesses, and investigate the facts of the case to determine if there are any defenses to the DUI charge. SLS represents UNL students on DUI in Lancaster County and there are no attorney fees. Representation is provided as a service of ASUN through your student fees. A private attorney may charge anywhere from $500 to $1,000, or more.

• What Can Happen To Me If I Am Convicted of DUI? (ALR/DUI Chart)

  ADMINISTRATIVE REVOCATION (ALR) & DUI/REFUSAL PENALTIES EFFECTIVE 01-01-2012
  ALR PENALTIES	LICENSE REVOCATION	SCOPE OF DRIVING
  ALR 1st (Failure of alcohol test)	180-day license revocation -- Driver may apply to DMV for an IIP immediately with no required no-drive period IF driver does not request an ALR hearing. Driver is given credit for revocation days and interlock days served, against any DUI sentence.	Permit allows holder to drive a vehicle equipped with an ignition interlock device to and from driver’s residence for purposes of employment, school, substance abuse treatment, probation or parole office, continuing health care or continuing health care of another person who is dependent upon driver, court-ordered community service responsibilities, and ignition interlock service facility.
  ALR 1st (REFUSAL of alchol test)	1-year license revocation – After 90 days of no-driving, interlock permit may be issued by DMV for balance of one year IF driver does not request an ALR hearing. Driver is given credit for revocation days and interlock days served, against any DUI/Refusal sentence.	SAME AS ABOVE
  ALR 2nd& SUBSQUENT (Failure of alcohol test)	1-year license revocation – After 45 days of no-driving, interlock permit may be issued by DMV for balance of one year IF driver does not request an ALR hearing. Driver is given credit for revocation days and interlock days served, against any DUI sentence.	Permit allows holder to drive a vehicle equipped with an ignition interlock device to and from driver’s residence for purposes of employment, school, and substance abuse treatment.
  DUI/REFUSAL PENALTIES	PROBATION	NO PROBATION
  1st OFFENSIVE >.08 OR REFUSAL TO TAKE CHEMICAL TEST (CLASS W MISDEMEANOR)	NO JAIL $500 FINE AND 60-DAY LICENSE REVOCATION Ignition Interlock is MANDATORY	7 – 60 DAYS JAIL $500 FINE AND 6-MONTH LICENSE REVOCATION Ignition Interlock is MANDATORY
  1st OFFENSE >.15 (CLASS W MISDEMEANOR)	2 DAYS JAIL or 120 hrs Com. Service $500 FINE AND 1-YEAR LICENSE REVOCATION Ignition Interlock is MANDATORY	7 – 60 DAYS JAIL $500 FINE AND 1-YEAR LICENSE REVOCATION Ignition Interlock is MANDATORY
  2nd OFFENSE >.08 (CLASS W MISDEMEANOR)	10 DAYS JAIL or 240 hrs Com. Serv. $500 FINE AND 1-YEAR LICENSE REVOCATION Ignition Interlock is MANDATORY 45 DAYS of no driving	30 – 180 DAYS JAIL UP TO $1000 FINE AND 1-YEAR LICENSE REVOCATION Ignition Interlock is MANDATORY 45 DAYS of no driving
  2nd OFFENSE >.15 OR REFUSAL TO TAKE CHEMICAL TEST (CLASS I MISDEMEANOR)	30 DAYS JAIL $1000 FINE AND 1 – 15 YEAR LICENSE REVOCATION Ignition Interlock is MANDATORY 45 DAYS of no driving	90 DAYS – 1 YEAR JAIL UP TO $1000 FINE AND 1 – 15 YEAR LICENSE REVOCATION Court MAY order Ignition Interlock AFTER 45 DAYS of no driving

  Refer to the ALR/DUI Chart for information about the availability of the Interlock device.

• Why Was I Stopped?

  The police officer must have a "reasonable suspicion based on articulable facts" that a law violation is occurring in order to stop your car. Any law violation is sufficient. For example, it is legal for a police officer to stop a car that crosses the centerline of the highway or that has a tail light out. An officer can even stop a car that is weaving within the lane lines or the driver who fails to signal a turn or a lane change. However, if the officer makes a random stop of a driver and there is no articulable reason for doing so, it is possible that any evidence collected may later be kept out of court, including breath tests and the officer’s observations of the driver.

• Do I Have To Perform The Field Sobriety Tests?

  In Nebraska it is not against the law to refuse to perform field sobriety tests. SLS suggests that you politely but firmly refuse to do the field sobriety tests.

  The officer uses field sobriety tests to establish probable cause to arrest you for DUI. You may be asked to follow a stimulus with your eyes, walk a straight line heel to toe, recite the alphabet, or hold one leg six inches in the air while counting to 30. Sound easy? Most drivers fail these tests according to the police officer’s judgment. Some people do not do well on balance and coordination tests whether or not they have been drinking. Also, the police officer’s evaluation of the driver’s performance is often much worse than the driver’s evaluation. In addition, the field sobriety tests give the State one more method of convicting you of DUI. It is better not to do them.

• Do I Have To Do The Preliminary Breath Test (PBT)?

  If you show signs of intoxication after being pulled over by the police, the officer may ask you to take a "pretest" or preliminary breath test. The purpose of this portable breath test is to determine if you should be taken to the station for a more sophisticated breath test. In other words, the PBT is used to establish probable cause to arrest you. Refusal to submit to a preliminary breath test is a Class V misdemeanor carrying a $100 fine and gives the officer probable cause to arrest you to be tested for DUI.

• What Happens If I Fail The Preliminary Breath Test (PBT)?

  If you test over .08 on the preliminary breath test, then the officer has established probable cause to arrest you for DUI. Most likely you will then be transported to Cornhusker Place Detoxification Center where the arresting officer will direct you to take a chemical test of your blood, breath, or urine. The officer is allowed to choose the test. A breath test on the Intoxilyzer machine is most commonly used in Lancaster County and throughout Nebraska.

• Can I Refuse To Take The Intoxilyzer Test?

  If you refuse to take the Intoxilyzer test at Detox you will be charged with the crime of Refusal To Take A Chemical Test (Refusal) in addition to DUI. Refusal, first offense, carries a penalty of 7-60 days in jail, $400-$500 fine and a one year driver’s license revocation. After 90 days of no driving allowed, application for an ignition interlock permit (IIP) may be made.

• What Happens If I Fail The Breath Test At Cornhusker Place Detox?

  If your test result is .08 or more, you will be issued a citation for DUI, your driver’s license will be taken and you will be issued a 15-day temporary license. You then face a choice.

  1. If you want an ALR hearing, you must file the Petition for the hearing within ten days of your arrest. If you lose the ALR hearing, which happens frequently, you cannot drive for six months, or until a judge, at your sentencing hearing, orders you to apply for the ignition interlock permit (IIP).
  2. You can waive the ALR hearing by immediately applying for an IIP from the Department of Motor Vehicles (DMV). The permit will allow you to drive immediately following the expiration of the 15-day temporary license, for the duration of the six-month ALR revocation. See ALR/DUI Chart for information regarding where the IIP allows you to drive.
  3. If you do nothing (do not file the ALR petition and do not apply for the IIP permit), your driver’s license will be revoked for six months and you will not be allowed to drive until a judge, at the sentencing hearing, orders you to apply for the ignition interlock permit (IIP).
• What Happens If I Refuse To Take the Intoxilyzer Test at Cornhusker Place Detox?

  If you refuse to take the breath test on the Intoxilyzer machine, you will be issued a citation for DUI AND Refusal to Submit to Test, your driver’s license will be taken and you will be issued a 15-day temporary license.

  1. If you want an ALR hearing, you must file the Petition for the hearing within ten days of your arrest. If you lose the ALR hearing, which happens frequently, you cannot drive for ONE YEAR, or until a judge, at the sentencing hearing, orders you to apply for the ignition interlock permit (IIP).
  2. If you waive the ALR hearing by not filing the petition, AFTER 90 DAYS of no driving, you may apply to the DMV for an IIP for the balance of the one-year revocation.
• Will It Help My Case If I Am Cooperative And Answer The Officer´s Questions?

  DO NOT waive your rights and DO NOT answer questions. After you have failed the breath test and seen the disappointing digits flash on the machine the police usually ask you to waive the right to remain silent and answer a few questions. If you waive your rights and answer questions you will probably incriminate yourself. Standard questions include: "What have you been drinking and how much? Are you under the influence of an alcoholic beverage now?" Anything you say can be used against you in court later. You should politely say that you do not wish to answer any questions at this time.

• I Have Had Friends Whose DUI Was Reduced To A Reckless Driving. Can That Happen to Me?

  Sometimes a DUI charge is reduced to a lesser offense such as reckless driving which carries a milder penalty of $100 fine plus court costs and 5 points assessed against your driver’s license. This usually happens in the time period between arraignment and trial when the prosecutor and defense attorney discuss the case. Since most prosecutors agree that there is a margin of error on the Intoxilyzer breath tests, a DUI case with a low breath test between .08 and .088 has a chance of being amended to reckless driving.

  A DUI charge may also be amended if the prosecutor has a problem proving the case for some reason, such as, the breath test was improperly administered. Part of the defense attorney’s job is to carefully scrutinize the prosecutor’s case to discover potential problems and capitalize on them. If your charge is reduced, you should thank your lucky stars and learn from the experience.

• Will I Have A Jury Trial?

  Everyone charged with DUI is entitled to a trial before a judge to determine if you are guilty beyond a reasonable doubt. You are entitled to a jury trial if the case is charged under state law as opposed to a city ordinance, or when you are stopped outside city limits by a state trooper or sheriff, or when facing a second offense with a BAC of .15 and above or for a third offense or greater. Some cases are best tried before a judge and some before a jury. This is a strategy decision that you and your attorney make together.

  If you decide to plead guilty you must waive the right to a trial including the right to call witnesses, to cross- examine the state’s witnesses, to testify on your own behalf and to require the state to prove you guilty beyond a reasonable doubt. In Lancaster County these rights must be waived in writing and in the open courtroom before the judge will accept your guilty plea.

  If you win at trial, count yourself in the very lucky minority. If you lose, you must decide whether to request probation or to take the straight statutory sentence. [See ALR/DUI Chart for penalties.]

• What Does Being On Probation Mean?

  If probation is granted, the conditions of probation the judge chooses to impose become effective immediately. If you wish to accept the conditions of probation being offered you must sign the probation order. The term of probation on a first offense is usually six months to one year. Typical conditions include, but are not limited to, the following:

  1. Abstain from alcohol. Random urine tests may be requested by the Probation Officer to confirm abstinence.
  2. Completion of an alcohol education or treatment program.
  3. Monthly contacts with probation officer.
  4. No law violations.
  5. Attend a Victim Impact Panel (V.I.P.) sponsored by M.A.D.D.
  6. Driver’s license revocation of 60 days on a first offense if your BAC was below .15. If above .15, then your license revocation will be for one year and you will also be sentenced to two days in jail. The judge will give credit for the period during which you have been revoked, including the time you have been using the Ignition Interlock Permit (IIP).
  7. A $500 fine (first offense); and
  8. Several hundred dollars ($800 to $1,000 and up) in court and probation costs.
  9. Any violation of probation conditions will result in the state filing a motion to revoke your probation. The judge will then re-sentence you to a straight sentence (i.e., no probation) punishment under the DUI statute.
• Can I Appeal If I Lose In Court

  If you lose in court (i.e., you are convicted), you have a right to appeal the conviction. The appeal must be filed within thirty days of the date you are sentenced.

• What Is The Ignition Interlock?

  The ignition interlock device (IID) is a machine installed in your car that prevents the car from starting if you have had any alcohol to drink. There are two ways to make use of the IID. You can apply to the DMV for a permit, or you can be required by the judge at your sentencing hearing to apply for an ignition interlock permit and have an ignition interlock device installed on any motor vehicle you operate during the revocation period. Either way, you must pay the DMV $45 for the Ignition Interlock Permit (IIP) and you must pay the interlock company for the cost of installation and monitoring. Refer to ignition interlock companies’ websites for details on costs.

  There are at least two Nebraska companies that provide Interlock installation and service:

  Affordable Ignition Interlock
  1 (800) 369-3661
  www.ignitioninterlock.org

  Smart Start
  1 (866) 747-8278
  SmartStartNebraska.com

• What Is An Alcohol Evaluation?

  In Lancaster County Court a judge may require a complete alcohol evaluation with a certified counselor before sentencing you to probation. An alcohol evaluation involves a session with a counselor who will administer tests and interview you regarding a wide range of personal matters. The counselor will make a recommendation for you to complete a 15-hour alcohol education class, an out-patient treatment program, an intensive outpatient treatment program or a residential care treatment program.

• If I Go To Jail, Will I Be Able To Attend Classes And Work?

  If you decline probation on a DUI, first offense below .15, the minimum you will receive is seven days in jail. The maximum allowed is 60 days. You will most likely be allowed to apply for and serve the jail time under House Arrest. Most Lancaster County judges, on sentences for DUI involving 30 days of jail or less, will allow you to serve the jail time under House Arrest. House Arrest involves wearing an ankle bracelet to monitor your movements. Under House Arrest you will only be allowed to leave your house for work and school.

  For jail sentences in excess of 30 days, work and school release may be granted, allowing you to leave the Work Release Center only for those two purposes.

• What Is This Going To Cost Me?

  As monetarily expensive as a DUI can be, the real cost is in the fact that you must report this misdemeanor conviction on job applications and professional school applications into the foreseeable future. It is unpleasant. It is an experience to avoid. DUI is painful to the pocketbook. Some of the monetary costs you are likely to encounter on a first offense are listed in the chart below:

  Attorney´s Fees	$750-$3,000
  (SLS Is prepaid through student fees, so there is no charge.)
  Fines (first offense)	$500
  Car insurance	will skyrocket
  Breath Test at arrest	$100
  Alcohol Evaluation	$75-$150
  Alcohol Education Program	$100-$150
  Alcohol Treatment Program	$360-$10,000+
  Urine testing during probation	$65
  Permit for Ignition Interlock	$45
  Interlock system on car	$60-$75 per month
  Probation charges	$30 application fee & $25 per month

• What Happens If I Drive While My License Is Revoked?

  Driving while your license is revoked will result in conviction of a Class III misdemeanor for Driving Under Suspension (DUS). The penalties for DUS include loss of your license for one year, up to a $500 fine and up to three months in jail, or all three of these things. It is common for judges to give drivers jail time for these types of offenses.

• What Happens If I Drive Without the Interlock?

  If you have applied to the DMV for an ignition interlock permit (IIP) or been ordered by a judge to install an Ignition Interlock Device and you drive without the device, you will be charged with a Class IV FELONY! Maximum punishment for a conviction is five years in prison or a $10,000 fine, or both. This is the same charge and punishment if you tamper with or circumvent the IID.

• What Is An .02 Violation?

  If you are under 21 years of age and operating a motor vehicle while having a BAC of between .02 and .08, you are violating Nebraska’s .02 law (sometimes called "zero tolerance"). The penalty for a .02 infraction is 30 days license impoundment and a $100 fine plus court costs. This conviction remains on your driving record at the Department of Motor Vehicles for three months only, so long as you have no moving traffic violations during that time. However, the conviction is NEVER erased from the police record and will, therefore, be available to future employers doing background checks.

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