State v. Hoerle

Case Number(s)
S-16-1003
Case Audio
Call Date
Case Time
Court Number
Lancaster
Case Location
Lincoln
Case Summary

S-16-1003 State v. Jared S. Hoerle (Appellant)

Lancaster County, Judge Jodi Nelson

Attorneys: Mark E. Rappl (for Appellant) --- Nathan A. Liss (Attorney General’s Office)

Criminal: DUI, with BAC over .150, 3rd offense

Proceedings below: Appellant was found guilty by jury of the offense. Appellant moved for a new trial due to Birchfield v. North Dakota, 136 S.Ct. 2160 (2016). The court denied the motion for new trial. After an enhancement hearing, Appellant was sentenced to 3 years’ probation, 60 days imprisonment and a $1000 fine. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: The district court erred in denying Appellant’s motion for new trial. 

Schedule Code
SC