(DOWNLOAD) "State Nebraska v. Norman R. Oleson" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Norman R. Oleson
- Author : Supreme Court of Nebraska
- Release Date : January 08, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant was convicted for driving a motor vehicle on the public highways in Dodge County, Nebraska, while under the influence of alcoholic liquor, contrary to section 39-727, R. S. Supp., 1963. Defendant was sentenced to pay a fine of $100 and costs, and ordered not to drive any motor vehicle on the public highways of the state for a period of 6 months. Defendant has appealed. Defendant was arrested on February 6, 1965, while driving his automobile on U.S. Highway No. 77 about 3 miles north of Fremont. The testimony of the arresting patrolman is that he observed defendant's automobile weaving from side to side across the centerline of the road. After the arrest defendant was given certain tests. He was unable to walk in a straight line, he was unable to balance himself in shifting his weight from one foot to the other, his breath gave off the odor of alcohol, his face was somewhat flushed, the pupils of his eyes were dilated, and his talk was slurred. A second patrolman came upon the scene during the giving of the tests, who corroborated the testimony of the first patrolman. On arrival at the county courthouse, similar tests were again made by the two patrolmen with the same results. A urine sample was taken and analyzed by a chemist having a permit from the State of Nebraska, qualifying him to make such tests. The test indicated an alcoholic content of .25 percent by weight. Defendant testified that he had been drinking, that he drank two Martinis, and that, in his opinion, he was not under the influence of intoxicating liquor at the time of his arrest. No contention is made that the evidence was insufficient to sustain the conviction.
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