A-14-0671 State v. Jin Wang (Appellant)
Lancaster County, Judge Robert Otte
Attorneys: Mark Rappl (Appellant) --- Nathan A. Liss (Attorney General's Office)
Criminal: Aggravated DUI, 3rd offense
Proceedings below: The trial court denied Appellant's motion to suppress evidence. After a stipulated trial to the court, Appellant was found guilty. He was sentenced to probation. The Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The lower court committed reversible error by overruling appellant's motion to suppress and thus allowing into evidence at the trial of this matter, over appellant's objection, the chemical breath test of appellant obtained at the direction of law enforcement because appellant did have a constitutional right, under the due process and equal protection clauses of the United States and Nebraska Constitutions, to be properly advised, in a language he understood, of his right to obtain independent chemical analysis of his blood following his arrest for DWI.