State v. Hunter

Following a plea of no contest, the municipal court of the city of Omaha found defendant guilty of third offense driving while intoxicated. A sentence of 90 days in jail, a $500 fine, and a lifetime suspension of defendant’s driving privileges was imposed.

Immediately following the sentencing, defendant’s counsel, by way of an oral motion to reconsider, attacked the penalty statute, Neb. Rev. Stat. § 39-669.07(3) (Reissue 1984), as being unconstitutional as a violation of the due process clause and the equal protection clause. Upon the overruling of the motion, defendant appealed to the…