Lancaster County, District Court Judge Ryan Post.
Attorney for Appellant: Bell T. Island (Island Law Office, PC, LLO)
Attorney for Appellee: Nathan A. Liss (Nebraska Attorney General’s Office)
Criminal Action: DUI, Motion to Suppress
Action Taken by Trial Court:
This matter involves the criminal prosecution of Appellant who was charged with DUI, second offense. Appellant was originally tried in the county court, then appealed to the district court, and now appeals to this court.
In the county court, Appellant motioned to suppress all evidence collected as a result of his stop and arrest alleging that the initial officer acted outside of his jurisdiction and that the arresting officers did not have reasonable suspicion to conduct field sobriety tests or a warrant or probable cause to detain and arrest him. He also challenged the admission of his chemical breath test due to the lack of a certified copy and an officer’s testimony regarding the results of his horizontal gaze nystagmus field sobriety test.
On appeal to the district court, the court affirmed the county court’s rulings.
Assignments of Error on Appeal:
Appellant now assigns the district court erred in affirming the county court’s rulings that (1) admitted the results of chemical breath test; (2) overruled his motion to suppress related to his seizure by an officer acting outside their jurisdiction; (3) overruled his motion to suppress related to his seizure without probable cause; (4) overruled his motion to suppress related to field sobriety tests being conducted without reasonable suspicion; and (5) overruling his objection at trial to an officer’s testimony equating horizontal gaze nystagmus to driving while impaired.