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Nebraska DUI / DWI Questions & Answers
2 Answers | Asked in Divorce and DUI / DWI for Nebraska on
Q: How strongly will my wife's recent DUI play in a custody dispute?

My wife recently got a DUI. I am wondering if I can obtain a better custody ruling based upon that alone? I have no criminal history, and she has no other criminal history aside from this.

Vanessa Jean Gorden
Vanessa Jean Gorden answered on Jul 23, 2018

It depends. Obviously, the DUI may affect her ability to transport the children to daycare/school/activities, which would be of consideration. If she is a habitual alcohol user and your children are young, the Court may consider it. Certainly, if she had the children with her while driving under... Read more »

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1 Answer | Asked in DUI / DWI for Nebraska on
Q: How many officers can be present in view of genital during dui urine test, can a woman officer be present male suspect
Brendan Michael Kelly
Brendan Michael Kelly answered on Aug 2, 2017

While the regulations don't set a number only one party of the same sex should be present. More may not invalidate the test, but may lead to other litigation.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: What is a public parking area? Does this include streets

it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this state.

Brendan Michael Kelly
Brendan Michael Kelly answered on May 16, 2017

Yes, not illegal to possess alcohol, but it cannot be opened.

1 Answer | Asked in DUI / DWI and Civil Rights for Nebraska on
Q: In the 12 steps of a dre cop ... the 12th step is done by dre? What if male dre has a female cop give ua to M/suspect?
Brendan Michael Kelly
Brendan Michael Kelly answered on Apr 17, 2017

There are many more steps to a DRE than 12. Not likely to be valid test for a female cop to perform a UA on a male.

1 Answer | Asked in DUI / DWI, Appeals / Appellate Law, Civil Rights and Legal Malpractice for Nebraska on
Q: State gets continuance for cop and I was denied for same hearing?

I had suppression hearing and state got continuance 4 days before hearing because one of the witness troopers had vacation? Then blizzard happened day of and before hearing roads were nearly impassable and my witnesses were not able to make hearing and wasn't allowed continuance for them and i was... Read more »

Brendan Michael Kelly
Brendan Michael Kelly answered on Apr 17, 2017

You should have had your attorney contact the court and it would have likely be continued.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: I lost my licencen for 15 years i got 4 years to go can i go infront of a judge and ask to get blow thing put in
Brendan Michael Kelly
Brendan Michael Kelly answered on Apr 17, 2017

The DMV will give you an interlock license after 71/2 years. Contact DMV!

1 Answer | Asked in DUI / DWI for Nebraska on
Q: If my first attorney misrepresented me to waive my jury trial and I was found guilty can I get a new jury trial?
Paul Stanko
Paul Stanko answered on Sep 18, 2016

You may be able to seek post-conviction relief or habeas corpus. Contact an attorney who handles appeals and PCR.

1 Answer | Asked in DUI / DWI for Nebraska on
Q: Dui, left the state of nebraska, warrant out for arrest. Had a lawyer from nebraska, What should I do?
Thomas M. Petersen
Thomas M. Petersen answered on Jan 9, 2014

If you have an active warrant in Nebraska, you will have to return to the State to have the warrant cancelled. Take a look at my website to get more information on DUI defenses and penalties. Omaha DUI Lawyer

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