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Common Legal Questions in Nebraska

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Nebraska Courts & Legal Aid

Case Law Cited in Nebraska

1 court decision cited across these pages. These are provided as legal background, not as advice about any particular case.

State v. Petsch, 300 Neb. 401, 914 N.W.2d 448 (2018)

Nebraska assesses probable cause to arrest for DUI under the totality of the circumstances, avoiding 'an excessively technical dissection' of the supporting factors. The absence of familiar indicia of impairment -- no erratic driving beyond the stop, no admission of drinking, no watery or bloodshot eyes, no slurred speech, cooperative behavior, normal gait, and no completed field sobriety or preliminary breath test -- did not defeat probable cause where other signs were present, and the court affirmed the denial of the motion to suppress and the DUI conviction. A test result that does not support impairment therefore does not by itself establish that the arrest was unlawful, though it bears directly on whether the State can prove the charge.

Cited on: DUI Arrest in Nebraska Despite Negative Breath and Urine Tests

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