State v. Hingst

Ricky G. Hingst was convicted of driving under the influence of alcoholic liquor, second offense. The Nebraska Court of Appeals reversed the jury verdict and remanded the cause for a new trial, concluding that the district court committed plain error in failing to exclude the chemical test results because the postarrest advisement form failed to conform to this court’s decision in Smith v. State, 248 Neb. 360, 535 N.W.2d 694 (1995). We affirm.

BACKGROUND

On October 26, 1994, at approximately 3:30 a.m., Officer Matthew Roskens of the Pierce Police Department observed Hingst’s car cross both the…