Drunk Driving - State v. Peiffer: Time in a Bottle
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Authors
Bush, John C.
Issue Date
1984
Volume
17
Issue
Type
Journal Article
Language
Keywords
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Abstract
INTRODUCTION|In State v. Peiffer (Peiffer I), and again upon rehearing in State v. Peiffer (Peiffer II), the Nebraska Supreme Court faced the issue of whether the penalty provisions of Nebraska's new drunk driving law, which became effective in July 1982, could be retroactively applied. The issue in the Peiffer cases arose because the drunk driving law, which reduced certain penalties, had become effective after the commission of the defendant Peiffer's offense, but before his case reached final judgment.|In each case the court used different methods of analysis, which in turn led to conflicting results. The method of analysis used in Peiffer, I focused on whether the new drunk driving provisions mitigated punishment. The court concluded that the new provisions were, in fact, less onerous than the old provisions, and retroactively applied the newly amended act. In Peiffer II, however, the court reexamined its earlier opinion and held that the new law could not be retroactively applied. In so holding, the court focused on the presence or absence of a statement of legislative intent as to retroactivity. Finding no such statement of intent, the court concluded that the newly enacted law should not be retroactively applied. Although this note does not advocate a particular result, it does attempt to provide a critical analysis of the methods used by the Nebraska Supreme Court in reaching these decisions...
Description
Citation
17 Creighton L. Rev. 483 (1983-1984)
Publisher
Creighton University School of Law