State v. Kinney

Defendant was charged in the municipal court of *702Lincoln, Nebraska, with a violation of a city ordinance in that he did “ [o]perate or be in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs or when he/she had ten-hundredths of one percent or more by weight of alcohol in his/her body fluid as shown by chemical analysis of his/her blood, breath, or urine.” Defendant was found guilty only of being in control of his vehicle while under the influence of alcoholic liquor. He appealed to the district court, where his conviction was affirmed, and now…