· 3/10/2000
State v. Baue
Citations
- 607 N.W.2d 191
- 258 Neb. 968
- 2000 Neb. LEXIS 53
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that officers had probable cause to arrest for driving under the influence when suspect passed breath test and some field sobriety tests, but failed other field sobriety tests
- admitting evidence of HGN test results as circumstantial evidence of intoxication but not as evidence of a specific BAC level
- HGN evidence admissible for limited purpose of showing the defendant had an impairment that may have been caused by alcohol, but not admissible for proving blood-alcohol concentration in excess of legal limit
- state patrol director of training testified that Nebraska state troopers receive 24 hours of field sobriety test training, of which 12 hours are devoted to HGN testing.
- state patrol director of training testified that Nebraska state troopers receive 24 hours of field sobriety test training, of which 12 hours are devoted to HGN testing.
- prosecution may not “attempt to correlate the HGN test result with any particular blood-alcohol level, range of blood-alcohol levels, or level of impairment” (citation and punctuation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Hendry, Wright, Connolly, Gerrard, Stephan, McCormack, Miller-Lerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.