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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State v. Nelson - 12/7/2001
1. Convictions: Evidence: Appeal and Error. Regardless of whether the evidence is direct, circumstantial, or a combination thereof, an appellate court, in reviewing a criminal conviction, does not resolve conflicts in the evidence,...
State v. Brockman - 12/4/2001
(not designated for permanent publication)
Appeal from the District Court for Douglas County, Mary G. Likes, Judge, on appeal thereto from the County Court for Douglas County, Samuel V. Cooper, Judge. Judgment of District Court...
State v. Kissinger - 12/4/2001
(not designated for permanent publication)
Appeal from the District Court for Adams County, Terri Harder, Judge, on appeal thereto from the County Court for Adams County, Daniel Bryan, Jr., Judge. Judgment of District Court...
State v. Spidel - 10/23/2001
1. Motions to Suppress: Investigative Stops: Warrantless Searches: Probable Cause: Judgments: Appeal and Error. A trial court's ruling on a motion to suppress evidence, apart from determinations of reasonable suspicion to conduct...
State v. McKimmey - 10/16/2001
1. Jury Instructions. Whether jury instructions given by a trial court are correct is a question of law.
2. Judgments: Appeal and Error. An appellate court is to reach independent conclusions on questions of law.
3....
State v. French - 10/5/2001
1. Judgments: Speedy Trial: Appeal and Error. Generally, a trial court's determination as to whether charges should be dismissed on speedy trial grounds is a factual question which will be affirmed on appeal unless clearly erroneous. ...
State v. Taylor - 9/28/2001
1. Jury Instructions. Whether jury instructions given by a trial court are correct is a question of law.
2. Judgments: Pleadings: Appeal and Error. Regarding questions of law presented by a motion to quash, an appellate court is...
State v. Flesner - 8/28/2001
1. Criminal Law: Statutes. Where a criminal procedure is not authorized by statute, it is unavailable to a defendant in a criminal proceeding.
2. Constitutional Law: Right to Counsel: Drunk Driving: Prior Convictions. The only...
Randall v. Dept. of Motor Vehicles - 8/21/2001
1. Administrative Law: Motor Vehicles: Judgments: Appeal and Error. Decisions of the director of the Department of Motor Vehicles, pursuant to Nebraska's administrative revocation statutes, are appealed under the Administrative...
State v. Corbin - 8/7/2001
(not designated for permanent publication)
Appeal from the District Court for Sarpy County, George A. Thompson, Judge, on appeal thereto from the County Court for Sarpy County, Robert C. Wester, Judge. Judgment of District Court...
State v. Goes - 6/5/2001
(not designated for permanent publication)
Appeal from the District Court for Lancaster County, Karen Flowers, Judge, on appeal thereto from the County Court for Lancaster County, Laurie J. Yardley, Judge. Judgment of District...
Marshall v. Wimes - 5/25/2001
1. Administrative Law: Final Orders: Appeal and Error. Proceedings for review of a final decision of an administrative agency shall be to the district court, which shall conduct the review without a jury de novo on the record of the...
State v. Hookstra - 5/22/2001
1. Constitutional Law: Ordinances: Judgments: Appeal and Error. The constitutionality of an ordinance is a question of law, regarding which an appellate court has an obligation to reach a conclusion independent of the decision reached...
Munro v. Department of Motor Vehicles - 5/15/2001
(not designated for permanent publication)
Appeal from the District Court for Douglas County: W. Mark Ashford, Judge. Affirmed.
INTRODUCTION
Diane P. Munro appeals from an order of the district court affirming the...
State v. Wright - 2/23/2001
1. Jury Instructions. Whether jury instructions given by a trial court are correct is a question of law.
2. Jury Instructions: Proof: Appeal and Error. In an appeal based on a claim of erroneous jury instructions, the appellant...
State v. Grant - 2/6/2001
1. Jurisdiction: Appeal and Error. Whether a question is raised by the parties concerning jurisdiction, it is not only within the power but the duty of an appellate court to determine whether such appellate court has jurisdiction over...
State v. Wilcox - 2/6/2001
1. Judgments: Records: Time: Appeal and Error. The entry of a judgment or final order occurs when the clerk of the court places the file stamp and date upon the judgment or final order. For purposes of determining the time for appeal,...
State v. Portsche - 2/2/2001
1. Statutes: Appeal and Error. Interpretation of a statute presents a question of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court...
State v. French - 1/16/2001
1. Speedy Trial: Final Orders. A ruling on a motion to discharge under the speedy trial statute is a final, appealable order.
2. Judgments: Speedy Trial: Appeal and Error. Generally, the trial court's determination as to whether...
State v. Campbell - 1/5/2001
1. Trial: Convictions: Appeal and Error. A conviction in a bench trial of a criminal case is sustained if the properly admitted evidence, viewed and construed most favorably to the State, is sufficient to support that conviction. In...
State v. Neiss - 11/9/2000
1. Statutes: Appeal and Error. Interpretation of a statute presents a question of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court...
Connelly v. Department Of Motor Vehicles - 10/24/2000
1. Administrative Law: Final Orders: Appeal and Error. A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court...
Muir v. Nebraska Department Of Motor Vehicles - 9/29/2000
1. Administrative Law: Motor Vehicles: Judgments: Appeal and Error. Decisions of the director of the Department of Motor Vehicles, pursuant to Nebraska's administrative revocation statutes, are appealed under the Administrative...
State v. Falcon - 7/28/2000
1. Appeal and Error. The purpose of appellate review in error proceedings is to provide an authoritative exposition of the law to serve as precedent in future cases.
2. Statutes: Appeal and Error. Statutory interpretation is a...
State v. Scott B. - 7/25/2000
Appeal from the District Court for Scotts Bluff County: G. Glenn Camerer, Judge. Reversed and remanded with direction to dismiss.
I. INTRODUCTION
Scott B. appeals from an order of the county court, sitting as a juvenile...
State v. Hansen - 6/16/2000
1. Judgments: Appeal and Error. When dispositive issues on appeal present questions of law, an appellate court has an obligation to reach an independent conclusion irrespective of the decision of the court below.
2. Courts:...
State v. Kess - 6/13/2000
1. Sentences: Appeal and Error. Sentences within statutory limits will only be disturbed by an appellate court if the sentence complained of was an abuse of judicial discretion.
2. Judges: Words and Phrases. A judicial abuse of...
State v. Burdette - 6/9/2000
1. Rules of Evidence. In all proceedings where the Nebraska Evidence Rules apply, admissibility of evidence is controlled by the Nebraska Evidence Rules, not judicial discretion, except in those instances under the rules when judicial...
State v. Baue - 3/10/2000
1. Motions to Suppress: Probable Cause: Appeal and Error. In reviewing a trial court's ruling on a motion to suppress, an appellate court reviews the ultimate determination of probable cause de novo and reviews the findings of fact...
State v. Portsche - 3/3/2000
Untitled Document
1. Appeal and Error. The purpose of appellate review in error proceedings is to provide an authoritative exposition of the law to serve as precedent in future cases.
2. Judgments: Appeal and Error. To the...
State v. Hansen - 2/4/2000
State v. Hansen, S-99-347, 258 Neb. 752
State v. Hansen, 258 Neb. 752
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is...
State v. Gray - 2/1/2000
State v. Gray, 8 Neb. App. 973
1. Rules of Evidence. In all proceedings where the Nebraska Evidence Rules apply, admissibility of evidence is controlled by the Nebraska Evidence Rules, not judicial discretion, except in those...
State v. Kuehn - 1/14/2000
1. Judgments: Appeal and Error. To the extent questions of law are involved, an appellate court is obligated to reach conclusions independent of the decisions reached by the courts below.
2. Criminal Law: Prior Convictions:...
State v. Brown - 12/17/1999
State v. Brown, S-98-982, 258 Neb. 330
1. Jury Instructions. Whether a jury instruction given by a trial court is correct is a question of law.
2. Jury Instructions: Proof: Appeal and Error. In an appeal based on the claim...
State v. Miles - 11/16/1999
1. Administrative Law: Statutes: Appeal and Error. The interpretation of statutes and regulations presents questions of law, in connection with which an appellate court has an obligation to reach an independent Conclusion irrespective...
State v. Johnson - 10/19/1999
State v. Johnson, A-98-1203, 8 Neb. App. 762
Appeal from the District Court for Adams County: Stephen Illingworth, Judge. Affirmed.
Robert R. Johnson was charged by information with first degree sexual assault to which he...
State v. Werner - 9/21/1999
1. Double Jeopardy. The Double Jeopardy Clause protects against three distinct abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple...
State v. Mitchell - 9/7/1999
State v. Mitchell, A-98-1104, 8 Neb. App. 659
1. Constitutional Law: Sentences: Prior Convictions: Habitual Criminals.
Criminal defendants have the right to challenge the use of constitutionally invalid convictions for...
State v. McArthur - 9/3/1999
State ex rel. NSBA v. McArthur, S-98-411, 257 Neb. 618
1. Disciplinary Proceedings: Appeal and Error.
A proceeding to discipline an attorney is a trial de novo on the record, in which the Nebraska Supreme Court reaches a...
State v. Hittle - 7/23/1999
1. Judgments: Appeal and Error. On a question of law, an appellate court is obligated to reach a Conclusion independent of the determination reached by the court below.
2. Mental Competency: Appeal and Error. The issue of...
State v. Kanarick - 7/23/1999
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law, with respect to which an appellate court has an obligation to reach a Conclusion independent of that of the trial court. ...
State v. Cuny - 6/25/1999
State v. Cuny, S-98-607
State v. Cuny, 257 Neb. 168
Appeal from the District Court for Sheridan County, Paul D. Empson, Judge, on appeal thereto from the County Court for Sheridan County, Charles Plantz, Judge. Judgment of...
State v. Louthan - 6/25/1999
State v. Louthan, S-98-624
State v. Louthan, 257 Neb. 174
Appeal from the District Court for Stanton County, Robert B. Ensz, Judge, on appeal thereto from the County Court for Stanton County, Stephen P. Finn, Judge....
Chapman v. Department of Motor Vehicles - 5/18/1999
Designated for Permanent Publication
___N.W.2d___
1. Default Judgments: Pleadings: Damages. In the case of an original action filed in the district court, the failure of a defendant to file a responsive pleading entitles...
State v. Dorcey - 4/23/1999
Designated for Permanent Publication
1. Courts: Jurisdiction. An actual case or controversy is a prerequisite to the exercise of judicial power.
2. Dismissal and Non-suit. Parties to a case are incapable of pursuing...
Schindler v. Dept. of Motor Vehicles - 4/23/1999
Designated for Permanent Publication
1. Administrative Law: Motor Vehicles: Judgments: Final Orders: Appeal and Error. Pursuant to Neb. Rev. Stat. § 60-6,208 (Reissue 1993), decisions of the director of the Department of Motor...
Bender v. Department of Motor Vehicles - 4/20/1999
Designated for Permanent Publication
___N.W.2d___
1. Administrative Law: Final Orders: Appeal and Error. A final order rendered by a district court during a judicial review pursuant to the Administrative Procedure Act may...
In re Interest of Joshua M. - 4/2/1999
Designated for Permanent Publication
1. Juvenile Courts: Parental Rights: Appeal and Error. In an appeal from a juvenile court order terminating parental rights, the appellate court tries factual questions de novo on the record. ...
State v. Divis - 2/26/1999
Designated for Permanent Publication
___N.W.2d___
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law, with respect to which an appellate court has an obligation to...
State v. Cushman - 2/26/1999
Designated for Permanent Publication
___N.W.2d___
1. Constitutional Law: Statutes: Appeal and Error. Whether a statute is constitutional is a question of law, with respect to which an appellate court has an obligation to...
State v. Harrison - 1/22/1999
Designated for Permanent Publication
___N.W.2d___
1. Sentences: Probation and Parole: Appeal and Error. When the State appeals from a sentence, contending that it is excessively lenient, an appellate court reviews the...
In re Joshua M. - 11/3/1998
In re Interest of Joshua M. et al., 7 Neb. App. 872.
Appeal from the County Court for Hall County: PHILIP M. MARTIN, JR., Judge. Affirmed in part, and in part vacated and remanded with directions to dismiss.
INTRODUCTION ...
Kimball v. Nebraska Department of Motor Vehicles - 10/30/1998
Appeal from the District Court for Chase County: JOHN J. BATTERSHELL, Judge. Reversed and remanded for further proceedings.
INTRODUCTION
The Department of Motor Vehicles (Department) appeals from the judgment of the...
Gomez v. Savage - 6/26/1998
1. Habeas Corpus: Child Custody: Appeal and Error. A decision in a habeas corpus case involving custody of a child is reviewed by an appellate court de novo on the record, and in that de novo review, where the evidence is in conflict...
Hauptman - 5/19/1998
Designated for Permanent Publication
1. Judgments: Appeal and Error. An appellate court has an obligation to reach a Conclusion independent of that of the trial court with respect to questions of law.
2. Attorney Fees:...
State v. Hiemstra - 5/5/1998
Designated for Permanent Publication
Appeal from the District Court for Buffalo County, John P. Icenogle, Judge, on appeal thereto from the County Court for Buffalo County, Graten D. Beavers, Judge. Judgment of District Court...
State v. Turco - 3/24/1998
Designated for Permanent Publication
I. INTRODUCTION
Ricky J. Turco appeals his conviction and sentence for third- offense driving while under the influence of alcoholic liquor or drugs in violation of Neb. Rev. Stat....
State v. Howell - 3/20/1998
Designated for Permanent Publication
This case presents the question, Does the administrative revocation of a driver's license for refusal to submit to a chemical test constitute punishment, such that any subsequent criminal...
State v. Erb - 3/17/1998
Designated for Permanent Publication
Trent D. Erb appeals from, and assigns as his sole error, the denial of his motion to discharge based on speedy trial grounds entered by the Hall County Court as affirmed by the Hall County...
State v. Roucka - 1/30/1998
Designated for Permanent Publication
Larry L. Roucka was charged in the county court for Dodge County with driving while under the influence (DUI), second offense, in violation of Neb. Rev. Stat. Section 60-6,196 (Reissue 1993),...
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