Legal Opinion

State v. Moody

Nebraska Court of Appeals

Decided September 11, 2018No. A-17-969Published

1Opinion of the Court

Pirtle, Judge.

*329 I. INTRODUCTION

James L. Moody was charged with driving under the influence of alcohol, and he filed a plea in bar which was overruled by the county court for Scotts Bluff County. He appealed to the district court for Scotts Bluff County which affirmed the county court's ruling. He argues on appeal that recent changes to the Nebraska Revised Statutes tie the administrative license revocation (ALR) procedure more closely to the criminal procedure, altering the nature of the sanctions from civil and nonpunitive to criminal sanctions which are intended to be punitive. He requests…

2Cases cited8 opinions

  1. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  2. Hudson v. United StatesSupreme Court of the United States · 1997
  3. United States v. WardSupreme Court of the United States · 1980
  4. State v. HansenNebraska Supreme Court · 1996
  5. State v. HowellNebraska Supreme Court · 1998

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