37-1254.11. Boating under influence of alcoholic liquor or drug; violation; sentencing; terms, defined; prior convictions; use; prosecutor; present evidence; convicted person; rights.
416 words·~2 min read·
/ne/chapter-37/37-1254-11A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of sentencing under section 37-1254.12 :
(a)Prior conviction means a conviction for which a final judgment has been entered prior to the offense for which the sentence is being imposed as follows:
(i)For a violation of section 37-1254.01 :
(A)Any conviction for a violation of section 37-1254.01 ;
(B)Any conviction for a violation of a city or village ordinance enacted in conformance with section 37-1254.01 ; or
(C)Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of section 37-1254.01 ; or
(ii)For a violation of section 37-1254.02 :
(A)Any conviction for a violation of section 37-1254.02 ;
(B)Any conviction for a violation of a city or village ordinance enacted in conformance with section 37-1254.02 ; or
(C)Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of section 37-1254.02 ; and
(b)Prior conviction includes any conviction under section 37-1254.01 or 37-1254.02 , or any city or village ordinance enacted in conformance with either of such sections, as such sections or city or village ordinances existed at the time of such conviction regardless of subsequent amendments to any of such sections or city or village ordinances.
(2)The prosecutor shall present as evidence for purposes of sentence enhancement a court-certified copy or an authenticated copy of a prior conviction in another state. The court-certified or authenticated copy shall be prima facie evidence of such prior conviction.
(3)For each conviction for a violation of section 37-1254.01 or 37-1254.02 , the court shall, as part of the judgment of conviction, make a finding on the record whether the convicted person has a usable prior conviction. The convicted person shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions.
(4)A person arrested for a violation of section 37-1254.01 or 37-1254.02 before January 1, 2012, but sentenced for such violation on or after January 1, 2012, shall be sentenced according to the provisions of section 37-1254.01 or 37-1254.02 in effect on the date of arrest.