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STATE v. CARNICLE

No. A-10-074.

792 N.W.2d 893 (2010)

18 Neb. App. 761

STATE of Nebraska, appellee, v. Brad CARNICLE, appellant.

Court of Appeals of Nebraska.

December 14, 2010.

Attorney(s) appearing for the Case

Matthew K. Kosmicki , of Brennan & Nielsen Law Offices, P.C., for appellant.

Jon Bruning , Attorney General, and Nathan A. Liss for appellee.

SIEVERS, MOORE, and CASSEL, Judges.

SIEVERS, Judge.

A Nebraska state trooper stopped Brad Carnicle's vehicle on U.S. Highway 34 because Carnicle failed to dim his "auxiliary driving lights," and the stop led to his arrest for driving while under the influence (DUI) and ultimately his conviction of that crime. The undisputed evidence is that Carnicle's vehicle was equipped with factory-installed fog lamps, which Carnicle argues are not within the purview of Neb. Rev.Stat. § 60-6,225 (Reissue 2004...

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