State v. Taylor
310 Neb. 376
| Neb. | 2021Background
- Officers stopped Taylor after seeing his vehicle driving at night with headlights off, cross the centerline, and strike a curb; Taylor was the sole occupant.
- Taylor told officers he had fallen asleep while driving and acknowledged taking prescription medications that night (Seroquel and Effexor).
- No alcohol was detected on breath tests; field sobriety tests showed impairment and officers observed slurred speech, sleepiness, and poor balance.
- A certified drug recognition expert (DRE) opined Taylor was under the influence of central nervous system (CNS) depressants; urine testing detected quetiapine and venlafaxine.
- County court convicted Taylor under Lincoln Mun. Code § 10.16.030 (driving under the influence of "alcoholic liquor, or of any drug"); the district court affirmed on appeal, and the Nebraska Supreme Court reviewed the case.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Taylor) | Held |
|---|---|---|---|
| 1. Sufficiency of a generalized assignment of error | State: district court correctly affirmed conviction | Taylor: district court erred "as a matter of law" (general claim) | Court: generalized/vague assignment not considered on appeal; must be specifically assigned and argued. |
| 2. Whether "any drug" in the ordinance excludes prescription meds | State: "any drug" uses plain, ordinary meaning and includes prescription drugs | Taylor: DHHS regulation limits "drug" to seven listed substances; delegation bars broader meaning | Court: DHHS role limited to approving chemical test methods; ordinance/statute do not incorporate DHHS list—"any drug" includes prescription medications. |
| 3. Whether evidence showed Taylor was "under the influence" of his prescriptions | State: driving behavior, FST failures, DRE opinion, admissions, and positive urinalysis suffice | Taylor: fatigue or lawful, prescribed use explain impairment; evidentiary objections and policy arguments | Court: viewing evidence favorably to State, a rational trier of fact could find prescription drugs impaired driving ability; evidence sufficient. |
Key Cases Cited
- State v. Iddings, 304 Neb. 759, 936 N.W.2d 747 (appellate error must be specifically assigned and argued)
- State v. Montoya, 304 Neb. 96, 933 N.W.2d 558 (bench-trial sufficiency review; view evidence favorably to prosecution)
- State v. Daly, 278 Neb. 903, 775 N.W.2d 47 ("under the influence" requires appreciable impairment of driving ability)
- Rouse v. State, 301 Neb. 1037, 921 N.W.2d 355 (interpretation of "any" as expansive—"of whatever kind")
- Wilkison v. City of Arapahoe, 302 Neb. 968, 926 N.W.2d 441 (ordinance interpretation follows statutory rules)
