Thursday, June 23, 2005

State false statement law does not pre-empt Lincoln ordinance

In re Interest of Genevieve C., 13 Neb. App. 665June 21, 2005. No. A-04-111 Juvenile's delinquency adjudication for giving a false statement to a police officer where prosecutor charged violation of Lincoln Ordinance Lincoln Mun. Code § 9.08.040 (1990) upheld against challenge that Ordinance conflicted with false reporting statute § 28-907(1)(a); Ordinance prohibited giving knowing false statements concerning an investigation and statute prohibited false statements on material facts. Although crimes are distinct they are not incompatible. Compare with State v. Loyd, 265 Neb. 232, 655 N.W.2d 703 (2003) where Supreme Court held ordinance that provided different punishment for 2nd offense dwi from state law was invalid.

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