The Nebraska Supreme Court Friday confirmed a Scottsbluff man’s 2012 DUI conviction.
62 year old Richard Pester was convicted of second offense drunk driving and refusal to submit to a chemical test after a Scotts Bluff County Sheriff’s Deputy found him slumped over the wheel of his vehicle parked at a farm implement dealership shortly after midnight July 3rd, 2012. The Deputy’s report said the key was in the ignition, Pester failed a field sobriety test and an eventual breath test showed he measured at .126, well above the legal limit.
Pester argued criminalizing refusal to submit to a chemical test was a violation of his civil rights. He also claimed the state failed to prove the parking lot was a private area open to public access and that authorities did not actually see him driving the vehicle while he was drunk .
The High Court rejected all the defense objections and affirmed the District court’s ruling that upheld the county court conviction.