 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Fahrnbruch4/6/2004
(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 from an order of the district court for Lancaster County convicting him of driving under the influence of alcoholic liquor (DUI), fourth offense, and sentencing him to 20 months to 4 years in prison. For the reasons set forth below, we affirm.
BACKGROUND
On March 6, 2002, Fahrnbruch pled not guilty to a criminal information charging him with DUI, fourth offense, a Class IV felony. On July 19, Fahrnbruch filed a motion to suppress challenging whether the arresting officer had probable cause to require him to submit to field sobriety tests and a breath test.
A suppression hearing was held on September 11, 2002. At that hearing, the arresting officer, Todd Danson, testified on behalf of the State. Danson testified that on December 9, 2001, he was dispatched at 12:30 a.m. to a parking dispute near 30th and Q Streets. Danson testified that while responding to that call, he heard a crash and observed that a moving truck had hit a parked car as the driver attempted to turn north on 30th Street. Danson testified that he then approached the truck to contact the driver.
Danson testified that he recognized Fahrnbruch as the driver of the moving truck. Danson testified that Fahrnbruch admitted that he had been drinking. After Danson asked Fahrnbruch for his registration and proof of insurance, Fahrnbruch asked if he could move his truck a block away to park it in front of his house, and Danson agreed. Danson followed Fahrnbruch, and after they got to Fahrnbruch's house, Danson asked Fahrnbruch to have a seat in his police cruiser while Danson worked on the accident investigation report. Shortly thereafter, Danson detected an odor of alcoholic beverage about Fahrnbruch and saw that Fahrnbruch's eyes were watery and bloodshot. Danson testified that he had been trained to recognize signs of intoxication and to administer field sobriety tests. Danson testified that at that point Fahrnbruch admitted that his driver's license was suspended. Danson verified that this information was true, and he then arrested Fahrnbruch for driving under suspension and took Fahrnbruch to a detoxification center.
At "Detox," Danson ordered Fahrnbruch to undergo some field sobriety tests. The record shows that Fahrnbruch failed the one-legged stand test and the nine-step walk-and-turn test and that the Rhomberg balance test also showed indications of Fahrnbruch's intoxication. Based on the results of those tests, the fact that Fahrnbruch admitted that he had been drinking, the odor of alcohol about Fahrnbruch, and Fahrnbruch's watery, bloodshot eyes, Danson concluded that Fahrnbruch was under the influence of alcohol. Fahrnbruch then submitted to a breath test, although Fahrnbruch argues that Danson promised not to cite him for DUI if Fahrnbruch took the breath test. The Breathalyzer showed results of .162 percent. Danson then advised Fahrnbruch he was under arrest for DUI.
The trial court overruled Fahrnbruch's motion to suppress. On November 25, 2002, a stipulated bench trial was held. The court received into evidence the transcript of the testimony adduced at the suppression hearing. Fahrnbruch renewed his motion to suppress. The court overruled Fahrnbruch's motion and found him guilty of DUI, fourth offense. The district court sentenced Fahrnbruch to 20 months to 4 years in prison and suspended his operator's license for a period of 15 years. Fahrnbruch appeals.
ASSIGNMENTS OF ERROR
On appeal, Fa
Page 1 2 3 Nebraska DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|