State v. Rothenberger (PFR)

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State v. Rothenberger (PFR)

Case Number
Call Date
April 27, 2016
Court Number
Scotts Bluff
Case Summary

S-14-1160 State v. Douglas Rothenberger (Appellant)

Scotts Bluff County, Judge Leo Dobrovolny

Attorneys: Bell T. Island (Island & Huff PCLLO) (Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: Refusal to submit to a chemical test

Proceedings below: A jury found Appellant guilty of the crime. He was sentenced to 6 months' probation, including a $500 fine and 60 day license revocation. The district court affirmed. Upon appeal to the Court of Appeals, the Court of Appeals affirmed in a memorandum opinion issued on December 15, 2015. Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: 1. The court of appeals erred in determining a non-DRE certified officer was capable of excluding medical reasons for the observations of possible impairment to establish probable cause to arrest. 2. The Court of Appeals erred in determining a directed verdict is not warranted on a charge of refusal to submit to a chemical test when the drug at issue is not one authorized for testing under an approved method. 3. The court of appeals erred in determining the denial of a jury instruction defining a drug for purposes of a chemical test and defining a chemical test as one approved by the Department of Health & Human Services.