State v. Smith

A county court jury found Kenneth L. Smith guilty of the charge that Smith operated a motor vehicle while he was under the influence of alcoholic liquor or while he had. 10 of 1 percent or more by weight of alcohol in his body fluid. See Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1982). After determining that such offense was Smith’s second conviction of driving while under the influence of alcoholic liquor, the county court for Dawson County, Nebraska, sentenced Smith to pay a fine of $500, confinement in the county jail for 48 hours, and 2 years’ probation. On appeal the district court…