S-25-0044 State of Nebraska (Appellee) v. Levi W. Weber (Appellant)
Appeal from the District Court for Seward County, Judge James C. Stecker on appeal from the County Court for Seward County, Judge C. Jo. Petersen
Attorneys: Matthew Kosmicki (Kosmicki Law for Appellant) and Nathan A. Liss and Danielle Jewell, Senior Certified Law Student, (Asst. Attorney General for Appellee)
Criminal: Driving under the influence (DUI)
Proceedings below: The district court affirmed Appellant’s conviction for DUI and for having an open container as well as his sentence of six months on probation, a $550 fine, and sixty (60) days of a revoked driver’s license. Appellee petitioned to bypass the Nebraska Court of Appeals, which the Nebraska Supreme Court granted and transferred this case to its docket.
Issues: Appellant makes the following assignments of error: 1) The Seward County District Court erred by affirming the Seward County Court’s order overruling his motion to suppress because Appellant was seized without probable cause or reasonable articulable suspicion in violation of the Fourth Amendment and the respective guarantees of the Nebraska Constitution; 2) The Seward County District Court erred by affirming the Seward County Court’s order overruling his motion to suppress the evidentiary breath test because law enforcement hindered or denied Appellant’s statutory right to an independent blood test pursuant to Neb. Rev. Stat. § 60-6,199.