State v. Smith

Severs, Chief Judge.

Dennis C. Smith was charged with violating Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1992) (now codified at Neb. Rev. Stat. § 60-6,196 (Reissue 1993)), by driving while under the influence of alcoholic liquor or while having an excessive concentration of alcohol in his blood, breath, or urine. Smith was also charged with resisting arrest, in violation of Neb. Rev. Stat. § 28-904 (Reissue 1989). After a bench trial to the county court for Seward County, Nebraska, Smith was found guilty on both counts. Smith’s convictions were affirmed by the district court for Seward County…