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STATE v. MUNOZ

No. A-01-779.

647 N.W.2d 668 (2002)

11 Neb. App. 266

STATE of Nebraska, Appellant, v. Rafael G. MUNOZ, Appellee.

Court of Appeals of Nebraska.

July 2, 2002.

Attorney(s) appearing for the Case

John W. Reisz, Deputy Sarpy County Attorney, for appellant.

Thomas J. Garvey, Sarpy County Public Defender, for appellee.

IRWIN, Chief Judge, and INBODY and CARLSON, Judges.

IRWIN, Chief Judge.

I. INTRODUCTION

Rafael G. Munoz was charged with driving under the influence of alcohol. The county court found Munoz not guilty, based in part on a finding that title 177 of the Nebraska Administrative Code, which had been received into evidence on behalf of the State, was substantive evidence of a "margin of error" for the Intoxilyzer, which the trial court then found had to be applied in Munoz' favor. This resulted in Munoz' breath...

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