State v. Tomes

The defendant, Donald E. Tomes, was convicted of driving while intoxicated and was sentenced to 7 days in the county jail, fined $200, and his driver’s license revoked for 6 months. Upon appeal to the district court the judgment was affirmed.

The defendant has appealed to this court and contends that an error in a ruling on an evidentiary matter requires that the judgment be reversed.

The record shows that on January 21, 1983, at approximately 5:40 p.m., a state patrolman observed a pickup truck being operated by Tomes on U.S. Highway 34 near Waco, Nebraska. The truck crossed the centerline…