State v. Surber

Defendant was charged with operating or having actual physical control of a motor vehicle while “under the influence of alcoholic liquor or when he had 10/100ths of one percent or more by weight of alcohol in his body fluids,” in violation of Neb. Rev. Stat. § 39-669.07 (Reissue 1984), and with driving a motor vehicle at 66 miles per hour in a 55-mile-per-hour speed zone.

Defendant pled not guilty and, after trial in the county court for Dakota County, was found guilty on each count. He appealed to the district court, where his conviction was affirmed. Defendant timely appealed to this court,…