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STATE v. ROYER

No. S-07-834.

753 N.W.2d 333 (2008)

276 Neb. 173

STATE of Nebraska, appellee, v. Andrew ROYER, appellant.

Supreme Court of Nebraska.

July 18, 2008.

Attorney(s) appearing for the Case

Brad Roth, of McHenry, Haszard, Hansen, Roth & Hupp, P.C., L.L.O., Lincoln, for appellant.

Jon Bruning, Attorney General, Edward G. Vierk, George R. Love, Columbus, and Amanda Spracklen-Hogan, Senior Certified Law Student, for appellee.

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

WRIGHT, J.

NATURE OF CASE

Andrew Royer rapidly accelerated his vehicle from a stop sign and squealed his tires. He was stopped by a police officer and given field sobriety tests. He was then transported to a detoxification facility and given a breath test. It showed that Royer had .234 of a gram of alcohol per 210 liters of breath. He was charged with and convicted of third-offense driving while under the influence...

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