(Download) "State Nebraska v. James Prichard" by Supreme Court of Nebraska " eBook PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. James Prichard
- Author : Supreme Court of Nebraska
- Release Date : January 21, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant, James Prichard, was issued a ""Uniform Citation and Complaint."" The violation stamped or printed on the citation stated that the defendant did ""perate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while that person has .10 of one percent or more by weight of alcohol in his body fluid."" After these words are added, in handwriting, the words, ""Third Offense."" There is no evidence as to when the additional words were placed on the citation. The citation, as amended, apparently serves as the complaint for these proceedings. Both the State and defendant assume that a violation of Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1982) is alleged, although defendant's brief erroneously refers to Neb. Rev. Stat. § 39-669.08 (Cum. Supp. 1982) as the pertinent statute. Defendant was arraigned and pled not guilty. Later, defendant appeared before the court and signed a ""Waiver of Rights."" On the same document, defendant's attorney also signed her name and indicated she had explained defendant's rights to him and that defendant understood those rights.