State v. Pester (reargument)

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State v. Pester (reargument)

Case Number
S-15-0530
Call Date
August 30, 2016
Court Number
Scotts Bluff
Case Summary

S-15-0530 State v. Richard Pester (Appellant)

Scotts Bluff County District Court, Judge Randall L. Lippstreu

Attorneys: Bell Island (Island & Huff) (Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: DUI, 2nd offense; Refusal to submit to a chemical test

Proceedings below: Following a jury trial in county court, Appellant was found guilty and sentenced to a term of probation and the revocation of his license for one year. The district court affirmed. Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues on Review: The county court erred in 1) determining the criminal charge of refusal to submit to a chemical test was constitutional, 2) overruling Appellant's motion to suppress where the contact was for trespassing and there was no probable cause to believe he was operating or in actual physical control pf a motor vehicle while under the influence on public or private property open to public access, and 3) failing to direct a verdict/find insufficient evidence for the conviction where Appellant was in actual physical control on property which was not open to public access.