State v. Arizola

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State v. Arizola

Case Number
S-16-0077
Call Date
October 4, 2016
Court Number
Lancaster
Case Summary

S-16-0077 State v. Arizola (Appellant)

Lancaster County District Court, Judge Susan I. Strong

Attorneys: Austin N. Relph (Attorney General's Office) --- Nathan Sohriakoff (Public Defender's Office)(Appellant)

Criminal: Refusal of a chemical test, two prior convictions; motion to suppress; plea in bar; motion to quash

Proceedings below: The district court overruled Appellant's motion to suppress. Following a bench trial, Appellant was found guilty of refusal of a chemical test. The district court overruled Appellant's motion to quash and plea in bar.

Issues: The Lancaster County District Court erred by 1) overruling Appellant's Motion to Suppress the traffic stop, 2) overruling Appellant's Plea in Bar, 3) overruling Appellant's Motion to Quash, 4) failing to find that Neb. Rev. Stat. ' 60-6, 1 97.09 was unconstitutional, and 5) failing to grant Appellant appropriate due process under Neb. Rev. Stat. ' 60-6,197.09.