State v. Hvistendahl

The defendant was convicted, following a trial to the court in the county court for Sarpy County, of operating or being in actual physical control of a motor vehicle when he had ten-hundredths of 1 percent or more by weight of alcohol in his body fluid. Neb. Rev. Stat. § 39-669.07 (Reissue 1984). He was sentenced to 7 days in the Sarpy County jail with credit for 1 day served, ordered to pay a fine of $200 plus costs, and his driving privileges were suspended for 6 months. The conviction and sentence were affirmed by the district court for Sarpy County, and the defendant has appealed.

The…