 |
 |
| |
Welcome to the law firm of Island & Huff located in Gering, Nebraska. We zealously represent individual and small business clients in a broad range of legal areas throughout the panhandle region, including:
We built our practice through strong legal representation founded on the quality relationship we have with our clients. We pride ourselves on our accessibility and responsiveness to your needs.
|
|
|
 |
|
|
| BELL ISLAND |
Bell Island is a graduate of the University of Nebraska College of Law and has lived in Scotts Bluff County since 1994. A long-time Nebraska resident, Bell worked with the Scotts Bluff County Public Defender's office for four and a half years. READ MORE |
| STERLING T. HUFF |
Sterling T. Huff is a graduate of the Creighton University School of Law and is a western Nebraska native. After graduating from law school, Sterling returned to western Nebraska. READ MORE |
| TODD MORTEN |
| Todd Morten, a native Nebraska, grew up in Nebraska and Texas. Todd is a graduate
of The University of Nebraska College of Law. After law school, he worked for the
Scotts Bluff County Attorney’s Office. READ MORE |
|
|
|
Criminal law covers “public wrongs”, or offenses against the public. Federal, state, and
local governments define these laws and prosecute people who commit these crimes. Public wrongs range from traffic violations to the most serious offenses such as rape or
murder. Those charged with a crime are called “defendants”. Defendants are
represented by defense attorneys, while the government prosecuting the defendant is
represented by an attorney called a “prosecutor”. If you are charged with a crime, you
need representation by an attorney with experience in criminal defense to protect your
legal rights.
The Constitution of the United States and the State of Nebraska requires the
government provide due process of law before depriving a person of their life, liberty, or
property. Therefore, the criminal law, must clearly define all crimes and criminal
conduct, and cannot be vague of the conduct prohibited by law. Criminal laws can define
a guilty state of mind (called mens rea) as well as an illegal action (called actus reus).
For example, it is not a crime to bump someone on a crowded train, because there was
no criminal intent. It is also not a crime to think about harming someone without acting.
This requirement also applies to attempted crimes. Conviction requires the defendant to
take action to be guilty of an attempted crime. An experienced criminal defense attorney
can explain these terms and concepts, and help you to understand the specifics of you
case. READ MORE |
|
|
 |
| Driving while under the influence also known as operating while under the influence,
operating while intoxicated, operating while under the influence or drunk driving can be proven
in several ways. The most common is driving while under the influence of alcohol or over the
legal limit. The government attempts to prove their case either from the observations of the
officer regarding your vehicle operation, personal observations and sometimes Standard Field
Sobriety Tests. Another way the government can prove their case is based upon a blood, breath
or urine tests showing the subject has a reading of .08 or higher. Finally, the government may
prove their case if the defendant is under the influence of drugs based on the observations made
by the arresting officer. READ MORE |
|
|
|
| SUMMARY OF THE NEBRASKA DRIVING WHILE INTOXICATED STATUES |
|
COMMON ACRONYM(S) USED TO DESCRIBE “DRUNK DRIVING”: DUI, DWI
PROHIBITED VEHICULAR ACTIVITY: Operate or be in actual physical control of a motor
vehicle.
COVERED VEHICLES OR DEVICES: A motor vehicle shall mean every self propelled land
vehicle except mopeds or self-propelled chairs.
COVERED LOCATIONS: The operation of a vehicle upon a highway or anywhere throughout
the state except for private property which is not open to public access.
IMPAIRED DRIVING OFFENSE: Under the influence of alcoholic liquor.
Under the influence of any drug.
Driving when a person has a concentration of .08 or more.
DEGREE OF IMPAIRMENT REQUIRED: The operator of a motor vehicle is under the influence of an intoxicating liquor if he has so lost
the control of his body or his mental faculties as to impair to an appreciable degree his ability to
operate his motor vehicle in a manner that no ordinary prudent and cautious man in the full
possession of his faculties would operate it.
PENALTIES FOR IMPAIRED DRIVING OFFENSES: See Chart
STATUTORY DRUNK DRIVING PRESUMPTIONS: .08 or more, or driving under the influence of alcohol or any drug.
IMPLIED CONSENT LAWS: Tests permitted: Blood, breath, urine or any combination thereof, at the request of the law
enforcement agency.
TYPE OF ADVISEMENT: Shall be advised that refusal to submit to a test or tests is a separate crime for which the person
may be charged.
PENALTIES FOR REFUSAL: See Chart
ADMISSIBILITY OF REFUSAL: ADMISSIBLE -
Administrative License Revocation: Immediate seizure of license to commence 15-days after
arrest. If the motorist request a hearing, they will not be able to obtain an Ignition Interlock
Device (IID) until they are sentenced in the criminal case.
For a first offense: Within a 15-year period, 6 month suspension. The motorist may request an
Ignition Interlock Device (IID).
For a second offense: A one year suspension. May obtain an Ignition Interlock Device(IID)
after 45 days.
For a refusal: A one year suspension. May obtain an Ignition Interlock Device(IID) after 90
days
BLOOD-DRAWING STATUE: Blood may be withdrawn from a person that must have a valid permit from the Department of
Health and Human Services Regulations and Licensor, except that physicians, register nurses or
other trained persons employed in a licensed care facility or health care service to withdraw
blood for scientific purposes may do so.
INDEPENDENT TEST STATUTE:
The motorist may request an independent test at their expense after the completion of any tests
requested by the law enforcement. Law enforcement may not hinder said request, but in no way
needs to assist or facilitate in obtaining the tests.
PLEA BARGAINING STATUTE: None
IN THE EVENT A PERSON IS A MINOR DRIVING UNDER THE INFLUENCE:
A person under 21 years of age shall not drive a motor vehicle when they have BAC of .02 or above. Maximum of $100 fine and license impoundment of 30-days.
A REFUSAL OF A MINOR: Maximum $100 fine and impoundment of license for 90-days |
| DUI PENALTY CHART |
|
FIRST OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| First |
>.08 |
Class W Misdemeanor 7-60 days & $500.00 Fine |
6 Months 30 days ->5 Months with IID |
60 Day License Revocation & $400.00 Fine |
X |
| First High BAC |
>.15 |
Class W Misdemeanor 7-60 days & $500.00 Fine |
6 Months 60 days ->5 Months with IID |
1 Year License Revocation 45 Days -> Balance with IID $500.00 Fine & 2 Days in Jail or 120 Hours Of Community Services |
|
SECOND OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Second |
>.08 |
Class W Misdemeanor 30-180 days & $500.00 Fine |
1 Year 60 days ->11 Months with IID |
1 Year License Revocation 45 -> balance with IID $500.00 fine & 10 days in kjail or 240 hours of community service. |
X |
| Second High BAC |
>.15 |
Class W Misdemeanor 90 days & up to $1,000.00 Fine |
1-15 Years |
1-15 year license Revocation 45 days -> balance with IID $1,000 fine & 30 days in jail. |
|
THIRD OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Third |
>.08 |
Class W Misdemeanor 90 to 1 year & $500.00 Fine |
15 Years |
2 - 15 year license reocatin, 45 days-> balance with IID $600.00 fine & 30 days in jail. |
X |
| Third High BAC |
>.15 |
Class IIA Felony 180 days - 5 years & up to $10,000.00 Fine |
15 Years |
5-15 year license revocation 45 -> balance with IID $,1000 fine & 60 days in jail. |
|
FOURTH OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Fourth |
>.08 |
Class IIA Felony 180 days - 5 years & up to $10,000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 90 days in jail. |
X |
| Fourth High BAC |
>.15 |
Class IIA Felony 1- 20 years & up to $25,000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 120 days in jail. |
|
FIFTH OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Fifth |
>.08 |
Class III Felony 1 - 20 years & up to $25.000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 180 days in jail. |
X |
| Fifth High BAC |
>.15 |
Class III Felony 1 - 50 years |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 180 days in jail. |
|
|
|
|
|
