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  5. 755 N.W.2d 389 (2008)
 

STATE v. KUHL

No. S-06-1393.

755 N.W.2d 389 (2008)

276 Neb. 497

STATE of Nebraska, Appellee, v. Stephen C. KUHL, Appellant.

Supreme Court of Nebraska.

September 5, 2008.

Attorney(s) appearing for the Case

Steven Lefler, of Lefler Law Office, Omaha, for appellant.

Paul D. Kratz, Omaha City Attorney, Martin J. Conboy III, Omaha City Prosecutor, and J. Michael Tesar, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

In a bench trial, Stephen C. Kuhl was found guilty of driving under the influence (DUI) in violation of Omaha Mun. Code, ch. 36, art. III, § 36-115 (2001). The conviction was based on the trial court's finding that Kuhl was operating a motor vehicle while having a concentration of at least.08 of 1 gram or more by weight of alcohol per 210 liters of his breath. Kuhl argues that the trial court should have given him the benefit...

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