(DOWNLOAD) "Donald D. Wisch v. Holly Jensen" by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: Donald D. Wisch v. Holly Jensen
- Author : Supreme Court of Nebraska
- Release Date : January 17, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is an appeal from the judgment of the district court for Douglas County affirming an order of the director of the Department of Motor Vehicles revoking the driver's license and operating privileges of Donald D. Wisch for a period of 1 year pursuant to the implied consent law of this state. On August 13, 1983, Wisch was driving in the city of Omaha. While attempting to change lanes, he collided with another vehicle. At approximately 6:30 p.m. Officer Stephen A. Sanchelli of the Omaha Police Department responded to the scene. The officer described Wisch's behavior during the initial investigation as follows: ""He was abusive and used profanity and I informed him at that time that if he continued I would place him under arrest for disorderly conduct."" After observing Wisch had red, bloodshot, and glazed eyes and thick-tongued speech, and after smelling a strong odor of alcohol, the officer advised him he was taking him to the police station to take a breath test. At the station, the officer testified, he read an implied consent advisement postarrest form to Wisch verbatim and the section in regard to the consequences of a refusal twice. Appellant refused to sign the form. The officer further testified at trial that he requested Wisch to submit to the breath test in the presence of another officer, and he refused. The officer asked Wisch a second time to take the ""breath test,"" and Wisch again refused. The officer then dismissed the technician, and as she was at the door to leave the room Wisch stated that he changed his mind and would take the test. The officer informed him that it was too late. The officer testified that it was after the refusals that he then read Wisch his rights per Miranda in accordance with standard Omaha Police Department procedure. In his report the officer also checked the following boxes: (1) Alcoholic odor: strong; (2) Attitude: profanity, cocky, uncooperative; (3) Speech: thick-tongued, slurred; (4) Balance: needs support, unsure; (5) Walking: swaying, unsure.
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