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STATE v. LAMB

No. S-09-1201.

789 N.W.2d 918 (2010)

280 Neb. 738

STATE of Nebraska, appellee, v. Jeffrey A. LAMB, appellant.

Supreme Court of Nebraska.

October 29, 2010.

Attorney(s) appearing for the Case

Thomas R. Lamb , of Anderson, Creager & Wittstruck, P.C., Lincoln, for appellant.

Jon Bruning , Attorney General, and Erin E. Tangeman for appellee.

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

MILLER-LERMAN, J.

NATURE OF THE CASE

Jeffrey A. Lamb, appellant, was arrested for driving under the influence (DUI) in violation of Neb.Rev.Stat. § 60-6,196 (Reissue 2004). Prior to trial, Lamb filed a motion to quash in the county court for Lancaster County in which he challenged the constitutionality of Neb.Rev.Stat. § 60-6,197.09 (Cum.Supp.2008) on various bases, all to the effect that this statute improperly prevented the trial court from imposing...

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