State v. Cornwell

Defendant was charged by information with driving under the influence and refusing to submit to a chemical test. Defendant filed a motion to quash the information, alleging that Neb. Rev. Stat. 60-6,197 and 60-6,197.03(6) violated his constitutional rights by criminalizing the withdrawal of consent to a search and by aggravating the penalty for a crime for exercising the right to withdraw his consent to a search. The district court denied the motion to quash. Following a jury trial, Defendant was found guilty. The Supreme Court affirmed, holding that the district court did not err by denying Defendant’s motion to quash. View "State v. Cornwell" on Justia Law