Attorney General of Nebraska — Opinion
DATE: October 31, 1989
SUBJECT: ISSUE: Whether a conviction under Neb.Rev.Stat. § 39-669.39 carries an assessment of seven (7) points on a driving record.
CONCLUSION: Yes.
REQUESTED BY: Margaret L. Higgins, Director, Department of Motor Vehicles
WRITTEN BY: Robert M. Spire, Attorney General David Cygan, Assistant Attorney General
If an individual is convicted of Driving Under the Influence of alcoholic liquor or drugs in violation of Neb.Rev.Stat. § 39-669.07, and also causes serious bodily injury as a result thereof in violation of Neb.Rev.Stat. § 39-669.39, this individual will be subject to an assessment of seven (7) points on a driving record.
Section 39-669.26 (5) provides a six (6) point assessment for a conviction of Driving Under the Influence, § 39-669.07. A separate and distinct statute, § 39-669.39 provides for further sanctions if an individual is injured by one who is convicted of D.U.I. Section 39-669.39 states: “(1) Any person who, while operating a motor vehicle in violation of section 39-669.07 or 39-669.08, proximately causes serious bodily injury to another person shall be guilty of a Class II Misdemeanor.”
The point system enumerated by statute, §39-669.26, lists specific points to be ascribed for specific offenses. Causing serious bodily injury while operating a motor vehicle while under the influence is not specifically enumerated. However, § 39-669.26(13) states:
“All other traffic violations involving the operation of motor vehicles by the operator for which reports to the Department of Motor Vehicles are required under sections 39-669.22 and 39-669.23, not including parking violations, violations for operating a motor vehicle without a valid operator’s license in the operator’s possession, muffler violations, overwidth, overheight, or overlength violations or overloading of trucks — 1 point.”
As § 39-669.39 is clearly a “traffic violation involving the operation of a motor vehicle by the operator” for which a report to the Department of Motor Vehicles is required, it will fall under the parameters of §39-669.26(13). Therefore, if an individual is convicted of D.U.I. and also of causing bodily injury as a result, he will be assessed seven (7) points. Six points will be assessed due to the D.U.I. conviction as stated in §39-669.26(5), and one (1) point will be assessed under § 39-669.26(13).
Sincerely,
ROBERT M. SPIRE Attorney General
David Edward Cygan Assistant Attorney General