State v. Bol, 846 N.W.2d 241

Bol, also known as Matit, was stopped for erratic driving and improper parking; officer observed signs of impairment and Bol refused both a preliminary and postarrest chemical test.
Motion to suppress arguing lack of probable cause to initiate the stop was denied; court found probable cause based on observed driving and parking behavior.
State sought to reopen its case after resting to introduce an exhibit; court allowed reopening over Bol's objection.
Bol was convicted of DUI with refusal of a chemical test and driving during revocation; enhancement based on prior DUI convictions in Vermont and Nebraska.
District court issued a nunc pro tunc order altering the number of prior DUI convictions from two to three; Bol challenged the nunc pro tunc ruling and the resulting sentence.
On appeal, the Nebraska Supreme Court affirmed, examining suppression, reopening, sufficiency, prior-conviction proof, nunc pro tunc validity, and sentences within statutory limits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the stop supported by reasonable suspicion and proper here?	Bol	Bol	Stop supported by reasonable suspicion; collective knowledge doctrine proper
May the State reopen its case after resting to admit a missing exhibit?	Bol	Bol	No abuse of discretion; withdrawal to supplement proof proper when court avoids advocacy
Is there sufficient evidence for the DUI with refusal and for refusal?	Bol	Bol	Evidence sufficient to sustain both convictions
Did the State prove the Vermont prior convictions identity for enhancement?	Bol	Bol	Prima facie proof established; Bol failed to rebut
Was the nunc pro tunc modification of the number of prior convictions proper?	Bol	Bol	District court could correct the record; labeling as nunc pro tunc not controlling; modification affirmed

State v. Wollam, 280 Neb. 43 (2010) (collective knowledge and stop justification principles cited)
State v. Gray, 8 Neb. App. 973 (2000) (withdrawal of rests and impartiality concerns; overruled in part)
State v. Thomas, 236 Neb. 84 (1990) (withdrawal of rest proper absent advocacy by court)
State v. McKay, 15 Neb. App. 169 (2006) (withdrawal of rest to present additional evidence balanced with neutrality)
State v. Hausmann, 277 Neb. 819 (2009) (judicial efficiency; authority to reconsider decisions while case pending)
State v. Painter, 224 Neb. 905 (1987) (nunc pro tunc distinction and authority to correct records)
State v. Cousins, 208 Neb. 245 (1981) (modification of sentence after pronouncement; limits on authority)
State v. Sims, 277 Neb. 192 (2009) (considerations in correcting court records and sentences)