State v. Howard

I. STATEMENT OF CASE

Pursuant to verdict, the county court adjudged the defendant-appellant, James Michael Howard, guilty of refusal to submit to a preliminary breath test and of second-offense driving under the influence of alcohol, both in violation of Neb. Rev. Stat. § 60-6,197 (Reissue 1993), and of reckless driving, in violation of Neb. Rev. Stat. § 60-6,213 (Reissue 1993). The district court affirmed. The Nebraska Court of Appeals affirmed the refusal to submit and driving under the influence convictions, but by a divided opinion reversed the reckless driving conviction. State v. Howard,…