State v. Loyd

The State takes exception under Neb. Rev. Stat. § 29-2319(3) (Reissue 1995) to the district court’s order affirming the county court’s granting of a motion to quash. The county court determined that the penalty provisions of the Omaha Mun. Code, ch. 36, art. Ill, § 36-115 (1998), were inconsistent with the penalty provisions of Neb. Rev. Stat. § 60-6,196 (Cum. Supp. 2000). We agree that the provisions are inconsistent and overrule the State’s exception.

BACKGROUND

The appellee, Michael W. Loyd, was charged in county court with second-offense driving under the influence (DUI) under § 36-115 of…