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Lincoln Nebraska Legal Blog

Refusing a breath test in Nebraska

If an officer stops a person for suspicion of driving while intoxicated or impaired by alcohol or drugs in Nebraska, he or she may think to him or herself, the officer cannot make the arrest if he or she does not have hard evidence. Typically, hard evidence comes in the form of a breath test reading. To try and avoid arrest, the person may refuse to take the breath test, but is doing so really such a good idea? Nebraska Legislature says no.

According to Nebraska Revised Statute 60-6,197, the state considers any individual who operates or immediately possesses a motor vehicle to have given his or her accord to surrender to a chemical test or a test that reads his or her breath, blood or urine. An officer may only lawfully request the test to determine the presence and concentration of drugs or alcohol in the driver's system. Refusal to acquiesce to tests the officer proposes may result in additional criminal charges.

Is drowsy driving really as dangerous as drunk driving?

Most people are aware that driving drunk involves a high risk of getting into a crash. However, fewer people are aware that driving when sleepy can also cause dangerous collisions. According to the National Sleep Foundation, 60% of adults in the Unites States have driven when drowsy and about one-third of adults have fallen asleep at the wheel.

The National Sleep Foundation also claims that driving when sleepy carries many of the same risks as driving when drunk. This fact may shock some drivers and make them question how this could be true.

A few different forms distracted driving takes

Nebraskan residents understand that distracted driving is a huge problem that results in many crashes and other issues on the road. But just how many actions can be considered distracted driving beyond those that are the most well-documented and publicized?

The Centers for Disease Control and Prevention examine different distracted driving behaviors and how they can harm drivers on the road. They stress that taking one's hands, mind, or eyes away from the road can be deadly even if it's only for a few seconds. Accordingly, distracted driving can include actions such as driving under the influence, texting while driving, or bending below the dashboard to pick something up if it falls to the floor. However, distracted driving behaviors may also include things like changing the radio station, changing the temperature, or even conversing with other passengers without looking at them.

One hand on the wheel and the other on a … shopping list?

Conscientious Nebraska drivers routinely – and thankfully – negotiate their way through traffic on state streets and highways with full attention on the task.

That is, they watch the road. They don’t tailgate. They don’t whiz by other vehicles at excessively high speed. They appropriately use their turn signals.

How can you make joint custody work?

Nebraskan residents like you and your ex-spouse have your own unique family dynamic. Because of this, advice that applies to one family might not really work for you, and vice-versa. However, there are some hurdles you are bound to come across regardless of your situation or dynamic. Today, we'll examine a hurdle related to joint custody.

First, FindLaw defines joint custody as a type of shared custody over your child that you and your co-parent hold together. Unlike sole custody, which places the custody with one parent only, joint custody gives both parents an equal amount of power and say when it comes to raising a child.

How to drive safely on gravel, dirt roads

As winter turns to spring, we want to get out of the cities and towns and enjoy some fresh air. Sometimes that includes leaving a paved surface and driving on gravel or dirt roads.

Driving on these surfaces requires a different set of skills than driving on paved roads. Before we get into the hustle of summer holidays and picnics, it’s a good idea to review some safety tips.

Can you escape a becoming part of a pileup?

While there are inherent risks anytime you get into your vehicle and venture out on the roads of Nebraska, traveling in inclement weather undoubtedly increases your risks. Understanding what precautions to take to prevent hazards from turning into unnecessary dangers is imperative to your ability to stay safe. Your knowledge can give you more confidence, help you make wiser decisions and help you to encourage others to do the same. 

Multi-vehicle pileups often happen when one or more drivers fail to pay attention or is driving inappropriately for the conditions. Their split-second misstep can have a domino effect and cause you and other unsuspecting drivers to become entwined in a confusing accident with time-consuming aftermath. What if your vehicle makes contact with more than one other vehicle? You will be dealing with insurance claims from every direction, not to mention any ongoing medical treatments you will need. 

Can you prevent backover accidents?

When you get ready to run errands in Nebraska, you may not think that your vehicle will be the one to harm your child. However, you may easily back over your child with your car if you do not know your son or daughter is behind the vehicle. With the proper precautions, you can ensure this kind of incident does not occur to your family.

Backover accidents happen more often than you may realize. KidsAndCars.org says that each week in the U.S., cars back over 50 kids. About 12,000 children incurred injuries after a car backed over them in 2015 and 284 children died. Most of the children involved in these incidents are one-year-old; however, a driver can back over a child of any age if he or she does not see the kid behind the vehicle. Most of the time, drivers back over children in parking lots and driveways.

Field sobriety test accuracy not high

Have you or someone you know recently been arrested for and charged with a driving while intoxicated offense in Nebraska? If so, you will want to educate yourself about the various elements of your case so that you can effectively protect yourself during the defense process. As is common in these situations, you were likely asked toperform some tasks before you were arrested, generally referred to as field sobriety tests.

As explained by FieldSobrietyTests.org, these three tests are not able to prove that you were impaired. Furthermore, none of these three tests are accurate in all situations. The eye test is the  most accurate and even that one has an accuracy rate of only 77 percent. The walk-and-turn test is said to be accurate in 68 percent of cases. The accuracy rate of the one-leg stand test is a mere 65 percent. Accuracy does improve slightly if all three tests are administered, yielding a combined accuracy rate of 82 percent.

What are the father's rights in an adoption?

If you are a father and the mother of your child wants to put him or her up for adoption in Nebraska, it is essential that you understand your rights in this situation. It can get complex because your rights rely on different circumstances of the situation. You need to determine your legal rights to the child to begin understanding your legal rights in an adoption.

Adoptions From The Heart explains an adoption does require consent from you and the mother. However, it is possible in some situations that your consent may be given without your say. The most likely case is when you were not married to the mother and you have not established your parental rights.

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