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STATE v. MARTIN

No. A-09-648.

782 N.W.2d 37 (2010)

18 Neb. App. 338

STATE of Nebraska, appellee, v. Andrew J. MARTIN, appellant.

Court of Appeals of Nebraska.

April 13, 2010.

Attorney(s) appearing for the Case

Mark E. Rappl, Lincoln, for appellant.

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

IRWIN, CARLSON, and MOORE, Judges.

CARLSON, Judge.

INTRODUCTION

Andrew J. Martin appeals his convictions in the district court for Lancaster County of driving under the influence of alcohol (DUI), third offense, and refusal to submit to a chemical test. For the reasons set forth below, we reverse, and remand with directions to dismiss the convictions.

BACKGROUND

On August 31, 2008, at approximately 6:11 a.m., Officer Michael Schmidt of the

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