Opinion No. (1995)

REQUESTED BY: Senator Carol McBride Pirsch You have submitted four questions for review with respect to LB 426. The bill would allow persons who have been charged with first-offense traffic infractions to enter driver safety courses as an alternative to convictions. You asked whether the bill violates the Separation of Powers Clause, the Due Process Clause, the Equal Protection Clause, or is unconstitutionally vague.

You first ask: "Does the language of LB 426 dictate executive functions (when to arrest and who to prosecute) and thereby violate the constitutional separation of powers…