The Nebraska Supreme Court has upheld the convictions and 75-year prison sentence of a Wyoming man whom prosecutors say was drunk when he caused a fatal 2013 crash in western Nebraska. Edward Hood, of Wyoming, argued among other things that his refusal to submit to a chemical test after the crash should not have been allowed into evidence at his trial. Investigators say the fifty-year-old smelled strongly of alcohol, and that a bottle of brandy was found in his vehicle after the crash on U.S. Highway 26 west of Oshkosh that killed an Ogallala resident.
Hood was sentenced to 49 to 50 years for motor vehicle homicide, 19 to 20 years for second-degree assault, and 5 years for driving under the influence with two prior DUI convictions. The high court has ruled that under Nebraska law, a driver’s refusal to submit a blood chemical test is admissible in a DUI prosecution.