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Nebraska Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of Nebraska or Court of Appeals of Nebraska where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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In re Application of Hartmann - 11/10/2005
Original action. Application denied. Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. David V. Hartmann appeals from a decision of the Nebraska State Bar Commission (Commission), denying...

State v. Wichser - 11/1/2005
(Not Designated for Permanent Publication) Inbody, Chief Judge, and Carlson and Moore, Judges. INTRODUCTION Matthew Wichser was charged with one count of driving under the influence causing serious bodily injury, a...

Polikov v. Neth - 6/24/2005
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. At issue is the constitutionality of Neb. Rev. Stat. §§ 29-3601 through 29-3609 (Cum. Supp. 2004), which purport to authorize and regulate...

In re Genevieve C. - 6/21/2005
Inbody, Chief Judge, and Sievers and Cassel, Judges. INTRODUCTION Genevieve C. appeals from a juvenile court decision adjudicating Genevieve pursuant to Neb. Rev. Stat. § 43-247(1) (Cum. Supp. 2002) for making a false...

Chase v. Neth - 5/27/2005
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. The district court for Lincoln County held that Neb. Rev. Stat. § 60-498.01 (Supp. 2003), which is part of the Nebraska administrative license...

State v. Sanders - 5/27/2005
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. NATURE OF CASE Following a jury trial in the district court for Lancaster County, Donald P. Sanders was convicted of first degree sexual...

Johnsen v. State - 5/13/2005
Hendry, C.J., Wright, Connolly, Gerrard, Stephan, McCormack, and Miller-Lerman, JJ. Neb. Rev. Stat. §§ 68-1202 to 68-1210 (Reissue 2003) allow the State to subsidize certain social services, including childcare. Acting under the...

State v. Loyd - 5/6/2005
Michael W. Loyd appeals from the denial of his "motion to discharge," raising a statute of limitations defense, and a supplemental motion to discharge based upon the alleged violation of Loyd's right to a speedy trial. The issues...

State v. Rice - 4/28/2005
Melvin J. Rice entered a guilty plea to a reduced charge of driving during revocation, a Class IV felony. After receiving a standard presentence investigation report and referring Rice to the Department of Correctional Services...

Harlow v. Lewis - 4/5/2005
(Not Designated for Permanent Publication) INTRODUCTION David E. Harlow appeals from an order from the district court for Sarpy County modifying a decree of paternity by giving David and Michelle J. Lewis alternating...

State v. Petersen - 12/7/2004
On October 1, 2002, Petersen was convicted of driving under the influence, second offense. Consequently, Petersen's operator's license was revoked for a period of 1 year. On June 1, 2003, Petersen violated the revocation order by operating...

State v. Sparr - 11/23/2004
Crystal R. Sparr appeals the decision of the Lancaster County District Court affirming the Lancaster County Court's order finding Sparr guilty of driving under the influence of alcohol (DUI) and sentencing her to 12 months' probation. We...

State v. Donner - 11/16/2004
On May 24, 1990, Donner's operator's license was revoked for a period of 15 years as part of Donner's sentence on a third-offense driving under the influence conviction. On March 18, 1999, Donner was granted a reprieve by the Nebraska...

State v. Trevor Chief Bear - 11/9/2004
On October 29, 2003, an information was filed in the district court for Scotts Bluff County charging the defendant with the following six counts: count I, burglary; count II, possession of burglar's tools; count III, theft by taking (value...

State v. Schulte - 10/5/2004
Craig A. Schulte appeals from an order of the district court for Cedar County, Nebraska, which affirmed his Cedar County Court conviction for third-offense operating a motor vehicle while under the influence of alcoholic liquor (DUI),...

State v. Timmerman - 10/5/2004
On February 3, 2003, a complaint was filed in the Hall County Court charging Timmerman with one felony count of driving un-der the influence of alcohol and three misdemeanor counts: driving during suspension, refusal to submit to a...

State v. Prater - 9/24/2004
Shawn Prater appeals from a judgment of the Douglas County District Court, which affirmed the judgment of the Douglas County Court finding Prater guilty of driving while under the influence (DUI), in violation of an Omaha city...

State v. Mulinix - 9/14/2004
After a jury trial in Hall County, Nebraska, Curtis R. Mulinix was convicted on one count of driving with a revoked operator's license from previous driving under the influence (DUI) convictions, one count of driving without a valid...

State v. Thomas - 8/13/2004
In State v. Thomas, 262 Neb. 985, 637 N.W.2d 632 (2002) (Thomas I), this court affirmed L.T. Thomas' convictions for second degree murder, first degree assault, and two counts of use of a firearm to commit a felony. Concluding,...

State v. Hittle - 8/10/2004
Hittle was charged with driving during a 15-year suspension, a Class IV felony. This charge was reduced, pursuant to a plea agreement, from a charge of driving during a 15-year suspension, second offense, a Class III felony. On July 14,...

State v. Petty - 8/3/2004
Robert M. Petty was charged in the county court for Douglas County with the offenses of driving under the influence (third offense), driving under suspension, and driving without lights. Petty filed a motion for discharge, alleging that...

State v. Houpt - 6/1/2004
An amended information was filed on April 28, 2003, charging Houpt with two counts of motor vehicle homicide pursuant to Neb. Rev. Stat. § 28-306 (Cum. Supp. 2002) (a Class IIIA felony), based on his alleged operation of a motor vehicle in...

State v. Hall - 5/28/2004
INTRODUCTION Appellant, Gregory G. Hall, pleaded guilty to delivery of a controlled substance, a Class III felony. See Neb. Rev. Stat. § 28-416 (Cum. Supp. 2002). After an evidentiary hearing, the district court concluded that...

Searcey v. Nebraska Dep't of Motor Vehicles - 4/27/2004
The district court for Douglas County, Nebraska, affirmed the ruling of the director of the Nebraska Department of Motor Vehicles (DMV) that a continuance should be granted in an administrative license revocation (ALR) proceeding...

State v. McDermott - 4/9/2004
Under the terms of a plea agreement, Robert McDermott entered a guilty plea to possession of a controlled substance with intent to deliver in violation of Neb. Rev. Stat. § 28-416 (Reissue 1995). He appeals from an order denying his...

State v. Fahrnbruch - 4/6/2004
(not designated for permanent publication) INTRODUCTION Pursuant to this court's authority under Neb. Ct. R. of Prac. 11B(1) (rev. 2000), this case was ordered submitted without oral argument. Rusty M. Fahrnbruch appeals...

State v. Luebbert - 4/6/2004
(not designated for permanent publication) INTRODUCTION Daniel Luebbert was convicted in county court of driving while under the influence of alcohol (DUI), a Class W misdemeanor in violation of Neb. Rev. Stat. § 60-6,196...

State v. King - 3/9/2004
(not designated for permanent publication) INTRODUCTION Pursuant to this court's authority under Neb. Ct. R. of Prac. 11B(1) (rev. 2000), this case was ordered submitted without oral argument. Daniel R. King appeals from an...

State v. Warriner - 2/20/2004
Waldo F. Warriner appeals from his conviction and sentence for driving under the influence of alcohol. The issue presented in this appeal is whether Warriner violated the Nebraska Rules of the Road, Neb. Rev. Stat. § 60-601 et seq....

State v. Koncaba - 2/10/2004
INTRODUCTION Anton H. Koncaba was convicted of driving under the influence, second offense, in the county court for Scotts Bluff County, Nebraska, and sentenced to serve 90 days in jail. Koncaba appealed, and the Scotts Bluff...

State v. Burnett - 2/3/2004
(not designated for permanent publication) INTRODUCTION Derrick R. Burnett was convicted of theft by shoplifting in violation of Neb. Rev. Stat. § 28-511.01 (Reissue 1995) and sentenced to 1 year's imprisonment, with 23...

State v. Rogman - 1/20/2004
(not designated for permanent publication) INTRODUCTION Rex A. Rogman appeals from an order of the district court for Johnson County affirming the county court's order which convicted Rogman of driving under the influence...

Hayes v. Dep't of Motor Vehicles for the State of Nebraska - 12/16/2003
(not designated for permanent publication) INTRODUCTION The Department of Motor Vehicles and its director (collectively DMV) appeal from a judgment of the Buffalo County District Court reversing the DMV's order of...

State v. Cooper - 11/25/2003
(not designated for permanent publication) Nickey L. Cooper entered pleas of no contest in the district court for Lincoln County, Nebraska, to second degree forgery, value $300 or more, under Neb. Rev. Stat. § 28-603(1) (Reissue...

Martin v. Nebraska Dep't of Correctional Services - 11/21/2003
BACKGROUND The plaintiff, JacQaus L. Martin, was committed to the custody of the Department of Correctional Services (DCS) on May 30, 1990, and is incarcerated at the Tecumseh State Correctional Institution (TSCI). Martin has...

In re Jamie P. - 11/10/2003
INTRODUCTION Rhonda P., the natural mother of Jamie P., appeals from an adjudication in the separate juvenile court of Douglas County on a petition filed by the State. The State's petition alleged that Jamie was a minor within...

State v. Diaz - 11/7/2003
NATURE OF CASE The District court for Hall County affirmed the decision of the Hall County Court that denied Manuel Diaz' application for reduction of license suspension. The county court found that Neb. Rev. Stat. § 60-6,211...

Ramos v. Neth - 10/28/2003
(not designated for permanent publication) INTRODUCTION Ramon A. Ramos appeals from an order of the district court for Johnson County affirming the order of the director of the Department of Motor Vehicles, which revoked...

State v. Harper - 10/14/2003
(Not designated for permanent publication) I. INTRODUCTION In consolidated cases, Aaron W. Harper appeals his conviction and sentence for criminal mischief, and the revocation of his work release. On appeal, Harper asserts,...

Bruckner v. Civil Service Commission of Douglas County - 10/7/2003
(not designated for permanent publication) The chief deputy of the Douglas County Department of Corrections (DCC) terminated the employment of Ralph Bruckner, a corrections officer with DCC, following Bruckner's off-duty citation...

State v. Sundberg - 9/16/2003
(not designated for permanent publication) These appeals involve the validity of a search warrant in which the informant was the 17-year-old son of defendant Carl A. Sundberg (Carl Jr.), stepson of defendant Tara L. Sundberg, and...

State v. Mata - 9/5/2003
Raymond Mata, Jr., was found guilty by jury verdict of first degree premeditated murder, first degree felony murder, and kidnapping, in association with the death of Adam Gomez (Adam), the 3-year-old son of a woman with whom Mata had...

State v. Schmidt - 9/2/2003
INTRODUCTION Todd A. Schmidt appeals the Douglas County District Court's order affirming the county court's denial of his motion for discharge of his criminal case. Schmidt appealed to this court. The State has filed a motion for...

State v. Trampe - 9/2/2003
I. INTRODUCTION Rowland W. Trampe appeals from a Buffalo County District Court order that affirmed his conviction for driving under the influence of alcohol (DUI), second offense. On appeal, Trampe alleges errors in connection...

State v. Feldhacker - 9/2/2003
(not designated for permanent publication) I. INTRODUCTION William J. Feldhacker appeals from the Sarpy County District Court's order denying his motion to set aside guilty plea. Feldhacker contends that his plea is invalid...

State v. Taylor - 7/29/2003
INTRODUCTION Leon Taylor was convicted by a jury of operating a motor vehicle to avoid arrest pursuant to Neb. Rev. Stat. § 28-905 (Reissue 1995), a Class IV felony. The district court for Dakota County, Nebraska, also found...

State v. Troyer - 7/29/2003
Not Designated for Permanent Publication INTRODUCTION Stephen J. Troyer appeals his conviction and sentence for first-offense driving under the influence. Pursuant to this court's authority under Neb. Ct. R. of Prac. 11B(1)...

In re Application of Silva for Admission to the Nebraska State Bar on Examination - 7/18/2003
Alberto Silva appeals a decision of the Nebraska State Bar Commission (Commission) denying his application to take the July 2002 Nebraska bar examination. Silva contends that the Commission erred in concluding that he did not meet the...

Poor v. State - 6/20/2003
Gregory S. Poor, D.C., appeals from an order of the district court for Lancaster County which affirmed the revocation of his license to practice chiropractic medicine by the Nebraska Department of Health and Human Services Regulation...

State v. Borth - 5/6/2003
(Not Designated for Permanent Publication) INTRODUCTION Gordon R. Borth appeals from his conviction and sentence for fourth-offense driving under the influence. On appeal, Borth contends that the Madison County District...

State v. Foster - 4/15/2003
(Not Designated for Permanent Publication) After being observed "smoking the tires" on his car and fishtailing while turning a corner, Jason R. Foster was stopped, charged, and eventually convicted of driving under the influence...

State v. Haley - 3/18/2003
(Not Designated for Permanent Publication) INTRODUCTION Milton Haley, Jr., was charged with "operating a motor vehicle . . . while his . . . operator's license revoked." See Neb. Rev. Stat. § 60-6,196(6) (Cum. Supp....

State v. Feldhacker - 3/11/2003
On August 30, 2000, the State filed an information in the district court for Seward County charging William J. Feldhacker with resisting arrest, third degree assault on a police officer, second-offense refusal of a chemical test,...

State v. Loyd - 1/24/2003
The State takes exception under Neb. Rev. Stat. § 29-2319(3) (Reissue 1995) to the district court's order affirming the county court's granting of a motion to quash. The county court determined that the penalty provisions of the Omaha...

State v. Brouillette - 1/24/2003
I. NATURE OF CASE David A. Brouillette was convicted in the district court for Lancaster County of two counts of manslaughter. Brouillette was sentenced to 1 to 2 years' imprisonment on the first count and 5 years' probation on...

State v. Vasquez - 1/21/2003
(not designated for permanent publication) (Not Designated for Permanent Publication) INTRODUCTION Ronnie L. Vasquez appeals from his conviction in the district court for Buffalo County, Nebraska, for driving under...

State v. Tesch - 1/14/2003
(Not Designated for Permanent Publication) I. INTRODUCTION Alfred E. Tesch pled guilty to driving under the influence of alcohol (DUI) and was sentenced by the Sarpy County Court to 30 days in jail. On appeal, the Sarpy...

Big Crow v. City of Rushwille - 12/10/2002
Wallace Joseph Big Crow (Big Crow) filed a negligence suit against the City of Rushville, Nebraska (the City), after his son, Richard Lee Big Crow (Richard), was killed in a motor vehicle-pedestrian accident. The district court for...

State v. Rubek - 11/26/2002
In a question of first impression, we decide whether in a prosecution for violation of a protection order, second offense, the State's burden of proof includes proof of the first violation of the same order. Russell M. Rubek, Sr., was...

State v. Dudney - 11/12/2002
(not designated for permanent publication) INTRODUCTION David A. Dudney appeals from a district court order that affirmed his conviction for driving under the influence of alcohol (DUI), first offense. For the reasons set...

State v. Marshall - 5/21/2002
(not designated for permanent publication) INTRODUCTION Scott L. Marshall appeals from an order of the district court for Holt County affirming an order of the county court convicting Marshall of driving under the influence...

State v. Turner - 5/17/2002
The appellant, Jim R. Turner, was convicted in county court for driving under the influence of alcohol, refusing to submit to a chemical test, and refusing to submit to a preliminary breath test for alcohol. The district court...

State v. Cramblet - 5/14/2002
(not designated for permanent publication) Billy Ray Cramblet backed into a parked vehicle as he was leaving the Chances R bar in Salem, Nebraska, and was charged with third-offense driving under the influence, second-offense...

State v. Sebo - 5/7/2002
(not designated for permanent publication) I. INTRODUCTION Frans Peter Sebo appeals from his conviction on a charge of possession of a controlled substance, methamphetamine. On appeal, Sebo challenges the court's rulings on...

State v. West - 4/16/2002
(not designated for permanent publication) Appeal from the District Court for Nemaha County: Daniel Bryan, Jr., Judge. Affirmed. INTRODUCTION Mark E. West was convicted by a jury in the district court for Nemaha...

Henery v. City of Omaha - 4/12/2002
Appeal from the District Court for Douglas County: W. Mark Ashford, Judge. Affirmed. Cross-appeal dismissed. NATURE OF CASE During a police pursuit, a motor vehicle driven by Douglas L. Henderson collided with a building,...

Buchmeier v. Buchmeier - 4/2/2002
(not designated for permanent publication) Appeal from the District Court for Nemaha County: Daniel Bryan, Jr., Judge. Affirmed. INTRODUCTION Julie Ann Buchmeier appeals from the order dissolving her marriage to Lloyd...

State v. Hynek - 3/1/2002
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by the trial...

State v. Hookstra - 2/8/2002
1. Constitutional Law: Ordinances: Appeal and Error. The constitutionality of an ordinance presents a question of law, in which an appellate court is obligated to reach a conclusion independent of the decision reached by the trial...

State v. Cardona - 1/29/2002
1. Criminal Law: Courts: Appeal and Error. Upon appeal from a county court in a criminal case, a district court acts as an intermediate appellate court, rather than as a trial court, and its review is limited to an examination of the...

State v. Robinson - 1/29/2002
1. Blood, Breath, and Urine Tests. There are four foundational requirements which the State must establish to put the results of a breath test into evidence: (1) The testing device was properly working at the time of testing, (2) the...

State v. Kubin - 1/25/2002
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by the trial...

State v. Schneider - 1/15/2002
1. Final Orders: Speedy Trial: Pretrial Procedure. A ruling on a motion to discharge under the speedy trial statute is a final, appealable order. 2. Judgments: Speedy Trial: Appeal and Error. Ordinarily, a trial court's...

State v. Tucker - 12/21/2001
1. Motions to Suppress: Investigative Stops: Warrantless Searches: Probable Cause: Appeal and Error. A trial court's ruling on a motion to suppress, apart from determinations of reasonable suspicion to conduct investigatory stops and...

State v. Biggerstaff - 12/18/2001
(not designated for permanent publication) Appeal from the District Court for Dodge County: F.A. Gossett III, Judge. Affirmed. INTRODUCTION The State of Nebraska appeals the order of the Dodge County District Court...

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