State v. McCumber

Defendant was convicted and sentenced for refusing to submit to a chemical test, refusing to submit to a preliminary breath test, and driving without a license. On appeal, Defendant challenged the district court’s determination that Neb. Rev. Stat. 60-6,197, the chemical test implied consent statute, was valid, facially and as applied, and constitutional. The Supreme Court affirmed in part and in part vacated and remanded, holding (1) section 60-6,197 is unconstitutional as applied to Defendant for his conviction for refusing to submit to a chemical blood test; and (2) there was no merit to Defendant’s remaining assignments of error. View "State v. McCumber" on Justia Law