Reckless Driving with a CDL in Nebraska: What Commercial Drivers Need to Know

A reckless driving charge in Nebraska is more serious than a standard traffic ticket, especially for a CDL holder.

Reckless driving is a misdemeanor criminal charge. A first offense can carry up to 90 days in jail and a $500 fine. For a commercial driver, however, the bigger concern is often what the conviction can do to the driver's CDL and ability to work.

Federal CDL regulations classify reckless driving as a serious traffic violation. That makes it important to understand the charge, review what actually happened, and address the case carefully before making any decisions.

Why Reckless Driving Matters for a CDL

Reckless driving falls into the same federal "serious traffic violation" category as several other offenses commercial drivers may be familiar with, including:

• Speeding 15 mph or more over the limit

• Following too closely

• Improper or erratic lane changes

• Certain texting and handheld cell phone violations

One serious traffic violation does not automatically disqualify a CDL holder.

The problem comes when serious violations accumulate.

Two serious traffic violations arising from separate incidents within a three-year period can result in a 60-day CDL disqualification. Three within three years can result in a 120-day CDL disqualification.

This is why a driver or safety manager should review the driver's existing record immediately. A reckless driving charge can have very different consequences for a driver with a clean record than for someone who already has a serious violation within the past three years.

What Led to the Reckless Driving Charge?

The words "reckless driving" on the citation do not tell the entire story.

The underlying conduct is important.

Was the driver accused of excessive speed? Following another vehicle too closely? Making an unsafe lane change? Passing improperly? Losing control of the truck? Was there an accident?

The answers matter because not every driving mistake is reckless driving.

Nebraska generally defines reckless driving as driving in a way that shows an indifferent or wanton disregard for the safety of people or property. In plain English, the allegation needs to involve something more significant than an ordinary driving error.

That is why these cases should be evaluated based on what actually happened, not just the charge written on the citation.

Reports and Video Can Matter

Reckless driving cases are often based heavily on an officer's observations.

Whenever possible, the available evidence should be reviewed before deciding how to handle the charge. That may include the officer's report, dash camera or body camera video, accident reports, photographs, witness information, and other available evidence.

Video can be particularly useful.

An officer's written description might say a truck made an unsafe lane change, followed another vehicle too closely, or forced another driver to react. Video may confirm that description, but it can also provide important context that is difficult to capture in a written report.

Knowing what the evidence actually shows makes it much easier to determine the appropriate way to address the case.

Can a Nebraska Reckless Driving Charge Be Reduced?

Sometimes.

The appropriate outcome depends heavily on the facts.

Nebraska has other driving offenses that may more accurately describe the underlying conduct in some cases. For example, there is an important difference between making a careless driving mistake and driving in a manner that rises to the level of reckless driving.

That distinction can be especially important for a CDL holder because of the federal consequences attached to a reckless driving conviction.

Any potential reduction also has to comply with CDL anti-masking rules. A CDL case cannot simply be changed to an unrelated offense to protect the driver's record.

Instead, the focus should be on the conduct that resulted in the citation in the first place and whether the final charge accurately reflects what occurred.

Don't Look Only at the Court Fine

This is one of the biggest mistakes commercial drivers can make with traffic cases.

The amount owed to the court does not necessarily tell you how serious a conviction is for a CDL.

A driver may be much more concerned about a serious-violation conviction appearing on the driving record than about the amount of the fine itself. Safety departments and employers may also have their own policies regarding reckless driving convictions.

Before resolving the case, the driver should understand both the court consequences and the potential CDL consequences.

What Should a CDL Driver Do After Receiving a Reckless Driving Citation in Nebraska?

First, do not treat it like an ordinary speeding ticket.

Review the citation carefully and make note of exactly what happened while the events are still fresh. If the driver works for a motor carrier, the citation should also be reported to the appropriate safety manager or company representative as required.

The driver's recent driving record should be reviewed for other serious traffic violations.

The reports and available video should then be obtained and reviewed when possible. The important question is whether the evidence supports reckless driving or whether the underlying conduct is more accurately described by another offense.

From there, the case can often be discussed with the prosecutor in an effort to reach an appropriate resolution.

Sometimes that takes more than one conversation.

If an appropriate resolution cannot be reached and the evidence does not support reckless driving, trial remains an option.

The Bottom Line for CDL Drivers

A Nebraska reckless driving charge deserves more attention than an ordinary traffic ticket.

It is a misdemeanor criminal charge, and a conviction is considered a serious traffic violation for CDL purposes. For a driver who already has another serious violation within the applicable three-year period, the CDL consequences can become particularly significant.

The most important thing is to look beyond the name of the charge.

Understand what conduct resulted in the citation. Review the driver's CDL history. Review the reports and video when available. Determine what the evidence actually shows. Then address the case with both the Nebraska charge and the driver's CDL in mind.

For professional drivers, the goal should always be to understand the full impact of a case before deciding how to resolve it.

Received a reckless driving citation in Nebraska? Upload your ticket to Flatwater Legal for review before deciding how to resolve your case.