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State v. Taylor
310 Neb. 376
| Neb. | 2021
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Background

  • 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)
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Case Details

Case Name: State v. Taylor
Court Name: Nebraska Supreme Court
Date Published: Nov 12, 2021
Citation: 310 Neb. 376
Docket Number: S-21-096
Court Abbreviation: Neb.