State v. Dake

I. STATEMENT OF CASE

Defendant-appellant, Martin J. Dake, was charged with violating then Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1992) by driving while under the influence of alcoholic liquor or while having an excessive concentration of alcohol in his blood, breath, or urine. He was thereafter convicted by the county court of “driving while under the influence of alcohol.” That adjudication was affirmed by the district court and the Nebraska Court of Appeals. State v. Dake, 94 NCA No. 35, case No. A-93-1101 (not designated for permanent publication). Dake thereafter successfully sought…