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STATE v. DINSLAGE

No. S-10-252.

789 N.W.2d 29 (2010)

280 Neb. 659

STATE of Nebraska, appellee, v. April DINSLAGE, also known as April Cleary, appellant.

Supreme Court of Nebraska.

October 1, 2010.

Attorney(s) appearing for the Case

Dennis R. Keefe , Lancaster County Public Defender, Scott P. Helvie , and Brett B. Pettit , Senior Certified Law Student, for appellant.

Jon Bruning , Attorney General, George R. Love , Columbus, and Elizabeth W. Alderson , Senior Certified Law Student, for appellee.

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

McCORMACK, J.

NATURE OF CASE

April Dinslage, also known as April Cleary, appeals her conviction and sentence for driving under the influence (DUI), third offense, with more than .15 of 1 gram of alcohol per 210 liters of her breath. The breath test conducted 50 minutes after the stop demonstrated that Dinslage had a concentration of .20 of 1 gram of alcohol per 210 liters of breath. Nevertheless, Dinslage argues that the test was insufficient proof of her...

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