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STATE v. SURBER

No. 85-240.

380 N.W.2d 293 (1986)

221 Neb. 714

STATE of Nebraska, Appellee, v. Ralph SURBER, Appellant.

Supreme Court of Nebraska.

January 24, 1986.

Attorney(s) appearing for the Case

Kurt A. Hohenstein, South Sioux City, for appellant.

Robert M. Spire, Atty. Gen., and Jill Gradwohl, Lincoln, for appellee.

KRIVOSHA, C.J., BOSLAUGH, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, D.J., Retired.

GRANT, Justice.

Defendant was charged with operating or having actual physical control of a motor vehicle while "under the influence of alcoholic liquor or when he had 10/100ths of one percent or more by weight of alcohol in his body fluids," in violation of Neb.Rev.Stat. § 39-669.07 (Reissue 1984), and with driving a motor vehicle at 66 miles per hour in a 55-mile-per-hour speed zone.

Defendant pled not guilty and, after trial in the county court for...

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