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STATE v. McCUMBER

No. S-16-446.

893 N.W.2d 411 (2017)

295 Neb. 941

STATE of Nebraska, appellee, v. Ricky J. McCUMBER, appellant.

Supreme Court of Nebraska.

Filed February 24, 2017.

Attorney(s) appearing for the Case

George T. Babcock , of Law Offices of Evelyn N. Babcock, Omaha, for appellant.

Douglas J. Peterson , Attorney General, and Nathan A. Liss , Lincoln, for appellee.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy. Kelch, and Funke, JJ.

I. INTRODUCTION

Ricky J. McCumber appeals following his convictions and sentences for refusing to submit to a chemical test, refusing to submit to a preliminary breath test (PBT), and driving without a license. He challenges the constitutionality of Neb. Rev. Stat. §§ 60-6,197 (Cum. Supp. 2016) and 60-6,197.04 (Reissue...

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