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· 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 CourtListener

Sourced 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.