Charging violations of speed regulation; summons; burden of proof; elements of offense.

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60-6,194. Charging violations of speed regulation; summons; burden of proof; elements of offense.

(1) In every charge of violation of any speed regulation in the Nebraska Rules of the Road, the complaint and the summons or notice to appear shall specify the speed at which defendant is alleged to have driven and the maximum speed for the type of vehicle involved applicable within the district or at the location. The speed at which defendant is alleged to have driven and the maximum speed are essential elements of the offense and shall be proved by competent evidence.

(2) The provisions of the rules which set maximum speed limitations shall not be construed to relieve the plaintiff in any action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident.

Source

  • Laws 1973, LB 45, § 67;
  • R.S.1943, (1988), § 39-667;
  • Laws 1993, LB 370, § 290;
  • Laws 1993, LB 26, § 1.


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