STATE v. RODRIGUEZ

No. A-09-314.

774 N.W.2d 775 (2009)

18 Neb. App. 104

STATE of Nebraska, Appellee, v. Roy RODRIGUEZ, Appellant.

Court of Appeals of Nebraska.

November 3, 2009.


Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Andrew D. Weeks, Norfolk, for appellant.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

IRWIN, SIEVERS, and CASSEL, Judges.


CASSEL, Judge.

INTRODUCTION

In this appeal from a conviction for driving under the influence of alcohol (DUI), Roy Rodriguez asserts that a Breathalyzer-generated breath test result should not have been admissible because it was not immediately recorded on the prescribed form. We conclude that because this was an error of "technique" but not of "method," the county court did not abuse its discretion in admitting the evidence. For this reason, the county...

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