(1) Except as provided in subsection (2) of this section, the driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to property, shall (a) immediately stop such vehicle at the scene of such accident and (b) give his or her name, address, telephone number, and operator's license number to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision.

(2) The driver of any vehicle involved in an accident upon a public highway, private road, or private drive, resulting in damage to an unattended vehicle or property, shall immediately stop such vehicle and leave in a conspicuous place in or on the unattended vehicle or property a written notice containing the information required by subsection (1) of this section. In addition, such driver shall, without unnecessary delay, report the collision, by telephone or otherwise, to an appropriate peace officer.

(3)(a) A peace officer may remove or cause to be removed from a roadway, without the consent of the driver or owner, any vehicle, cargo, or other property which is obstructing the roadway creating or aggravating an emergency situation or otherwise endangering the public safety. Any vehicle, cargo, or other property obstructing a roadway shall be removed by the most expeditious means available to clear the obstruction, giving due regard to the protection of the property removed.

(b) This subsection does not apply if an accident results in or is believed to involve the release of hazardous materials, hazardous substances, or hazardous wastes, as those terms are defined in section 75-362.

(4) Any person violating subsection (1) or (2) of this section is guilty of a Class II misdemeanor. If such person has had one or more convictions under this section in the twelve years prior to the date of the current conviction under this section, such person is guilty of a Class I misdemeanor. As part of any sentence, suspended sentence, or judgment of conviction under this section, the court may order the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court. If the court orders the defendant not to drive any motor vehicle for any purpose in the State of Nebraska for a period of up to one year from the date ordered by the court, the court shall also order that the operator's license of such person be revoked for a like period.

Source:Laws 1931, c. 110, § 28, p. 314; C.S.Supp.,1941, § 39-1159; R.S.1943, § 39-762; Laws 1947, c. 148, § 2(2), p. 409; Laws 1949, c. 119, § 2, p. 316; Laws 1949, c. 120, § 2, p. 317; Laws 1959, c. 169, § 1, p. 617; R.R.S.1943, § 39-762.01; Laws 1978, LB 748, § 26; R.S.1943, (1988), § 39-6,104.02; Laws 1993, LB 370, § 192; Laws 1994, LB 929, § 1; Laws 2001, LB 254, § 1; Laws 2006, LB 925, § 7; Laws 2007, LB561, § 1; Laws 2010, LB914, § 1.

Annotations

In a trial on charge of violating section 39-762 (transferred to section 60-697), request for instruction on leaving scene of property damage accident as lesser offense was properly refused. State v. Jones, 186 Neb. 303, 183 N.W.2d 235 (1971).

Pursuant to subsection (2) of this section, a driver is not criminally liable for leaving the scene of a property damage accident when he does not know that an accident has happened, an injury has been inflicted, or a death has occurred; lack of such knowledge constitutes a proper defense. State v. Zimmerman, 19 Neb. App. 451, 810 N.W.2d 167 (2012).

Pursuant to subsection (2) of this section, knowledge that an accident has occurred may be proved by circumstantial evidence in prosecution for leaving the scene of a damage accident; the fact finder may consider all of the facts and circumstances which are indicative of knowledge. State v. Zimmerman, 19 Neb. App. 451, 810 N.W.2d 167 (2012).

Pursuant to subsection (2) of this section, the question of lack of knowledge that an accident has happened, an injury has been inflicted, or a death has occurred in prosecution for leaving the scene of a property damage accident is one of fact, not law. State v. Zimmerman, 19 Neb. App. 451, 810 N.W.2d 167 (2012).

Subsections (1) and (2) of this section create separate offenses, not one single offense that can be committed in multiple ways. As such, where a defendant is charged with violation of one subsection, a conviction cannot be sustained absent proof of the statutory requirements of that specific subsection. State v. Harper, 19 Neb. App. 93, 800 N.W.2d 683 (2011).