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STATE v. KUBIN

No. S-01-099.

638 N.W.2d 236 (2002)

263 Neb. 58

STATE of Nebraska, Appellee, v. Charles KUBIN, Appellant.

Supreme Court of Nebraska.

January 25, 2002.

Attorney(s) appearing for the Case

William G. Line, Fremont, for appellant.

Don Stenberg, Attorney General, and Marilyn B. Hutchinson, Lincoln, for appellee.

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

CONNOLLY, J.

After a bench trial in county court, Charles Kubin was convicted of driving while under the influence of alcoholic liquor (DUI), in violation of Neb.Rev.Stat. § 60-6,196 (Supp.1999). Kubin appealed to the district court. He claimed that the county court erred in failing to sustain his motion to quash. The motion to quash facially challenged the constitutionality of § 60-6,196(8). That statutory provision...

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