State v. Kanarick

NATURE OF CASE

Joseph J. Kanarick was convicted in the county court for Dawes County of refusal to submit to a preliminary breath test and refusal to submit to a chemical test, and was sentenced accordingly. The district court affirmed the convictions and sentences. Kanarick appeals. On appeal, Kanarick claims that Neb. Rev. Stat. § 60-6,197(10) (Cum. Supp. 1996) is unconstitutional. We conclude that Kanarick waived any and all facial constitutional challenges to the statute, and we affirm the judgment of the district court.

STATEMENT OF FACTS

The county court trial was conducted on a stipulated…