STATE v. TURNER

No. S-01-707.

644 N.W.2d 147 (2002)

263 Neb. 896

STATE of Nebraska, Appellee, v. Jim R. TURNER, Appellant.

Supreme Court of Nebraska.

May 17, 2002.


Attorney(s) appearing for the Case

David E. Veath, Chadron, for appellant.

Don Stenberg, Attorney General, and Martin W. Swanson, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

The appellant, Jim R. Turner, was convicted in county court for driving under the influence of alcohol, refusing to submit to a chemical test, and refusing to submit to a preliminary breath test for alcohol. The district court affirmed. On appeal, he argues that Neb.Rev.Stat. § 60-6,197(10) (Reissue 1998) is unconstitutional because the advisement by the arresting officer was inadequate and violated his right to due process. Under § 60-6,197...

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