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eBook details

• Title: State Nebraska v. Dennis L. Thomte
• Author : Supreme Court of Nebraska
• Release Date : January 16, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

The appellant, Dennis L. Thomte, was charged with operating a motor vehicle while he was under the influence of alcohol or
when he had ten-hundredths of 1 percent or more by weight of alcohol in his body fluid as shown by chemical analysis of his
blood, breath, or urine, in violation of Neb. Rev. Stat. § 39-669.07 (Cum. Supp. 1986). Having been convicted of
that charge in the county court for Douglas County, Thomte appealed his conviction to the district court for Douglas County,
which affirmed the county court's judgment of conviction. At approximately 11 p.m. on April 25, 1986, Sgt. Timothy Cavanaugh was driving his cruiser southbound in moderate traffic
on Interstate 680 within Omaha, which highway has two marked lanes for southbound traffic. Cavanaugh, driving in the left
lane, approached other southbound vehicles in the right lane. As Cavanaugh began to overtake a Cadillac, which was being followed
by other vehicles, the Cadillac made a sharp weave from right to left within the right lane but did not cross into the left
lane occupied by Cavanaugh's cruiser. Cavanaugh reduced his cruiser speed to approximately 45 miles per hour and pulled into
the right lane, ahead of traffic which was still following the Cadillac. During his observation of the Cadillac as it traveled
16 blocks, or a little over 1 mile, on I-680, Cavanaugh saw the Cadillac again weave within the right lane of traffic and,
as the Cadillac was about to exit from the Interstate, activated the cruiser's red rotating lights. The Cadillac pulled to
the right shoulder of the road and stopped. Cavanaugh parked his cruiser directly behind the Cadillac and then approached
the vehicle, where he found Thomte inside and alone. Illumination at that point was provided by Cavanaugh's flashlight and
street lamps on the Interstate. When he arrived at the Cadillac, Cavanaugh asked for Thomte's driver's license and the vehicle
registration. Thomte told the officer that he was tired, and the officer observed that Thomte's "speech was very slurred and
thick-tongued, mumbled, if you will. And I noticed a moderate odor of alcohol" on Thomte's breath.

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