London Law Office P.C., L.L.O. About London Law Office | Criminal Law Firm | Lincoln Nebraska2026-10-20T09:51:06Zhttps://www.londonlawofficene.com/feed/atom/WordPressOn Behalf of London Law Office P.C., L.L.O.<![CDATA[Can you get a DUI in Nebraska if you were in the passenger seat?]]>https://www.londonlawofficene.com/?p=480292026-10-20T09:51:06Z2026-10-20T09:51:06ZYou spend a Friday night out in Lincoln with friends. Your designated driver takes the wheel and you settle into the passenger seat. Then, flashing lights appear behind you. Suddenly, you find yourself questioning whether you could face a driving under the influence (DUI) charge despite never touching the steering wheel.
It is a legitimate concern and understanding how Nebraska DUI law works can help put that question to rest.
Two elements that define a Nebraska DUI
A DUI charge does not arise automatically just because you occupied the vehicle. Before prosecutors can pursue a case, they must first establish two distinct legal elements:
The person was chemically impaired by alcohol or drugs: This means their blood alcohol content (BAC) reached or exceeded the legal limit or a substance substantially diminished their capacity to drive safely.
The person was in ‘actual physical control’ of a motor vehicle: Nebraska law requires that the individual was either actively driving or in a position to physically direct the vehicle.
Prosecutors must substantiate both elements before a DUI charge can move forward. This raises an important question: what does ‘actual physical control’ mean for someone in the passenger seat?
What physical control means for passengers
Nebraska law defines actual physical control as occupying a position where you could physically direct a vehicle, even if it is not in motion. Many people assume that sitting in the passenger seat eliminates any legal exposure. In most circumstances, that assumption holds.However, physical control does not always hinge on who sits behind the wheel. This is where the legal landscape becomes more nuanced for passengers.
Three situations that could change things
Nebraska law examines the full context of a situation, not just where you sat. Here are three circumstances where being a passenger may not shield you from a DUI charge:
Physical control from the passenger seat: If you grabbed the steering wheel or pressed the pedals, prosecutors could argue that you exercised physical dominion over the vehicle.
Suspected seat switching after a traffic stop: If officers suspect you and the driver exchanged seats to circumvent a DUI charge, they may investigate further and designate you as the actual operator.
Intoxication in a parked car with key access: Sitting in the passenger seat while intoxicated, with keys in the ignition or within reach, can give officers sufficient grounds to conclude you had the capacity to drive.
These exceptions are uncommon, but they carry real legal weight.
Your passenger seat does not always protect you
Occupying the passenger seat does not automatically shield you from a DUI charge. Nebraska law focuses on the totality of the circumstances rather than your physical position in the vehicle. This is why understanding these elements and exceptions gives you a clearer picture of where you stand.If you ever find yourself in one of these situations, staying composed and knowing your rights is a strong foundation. The more you understand about Nebraska DUI law, the better you can handle whatever happens on the road.]]>by London Law Office P.C., L.L.O.<![CDATA[Drug possession charges in Nebraska: Legal options]]>https://www.londonlawofficene.com/?p=480272026-10-19T19:31:10Z2026-10-19T19:31:10ZCan the legality of the search be challenged?
Police must follow strict rules when conducting searches. If an officer searched a vehicle, home or personal items without a warrant, consent or another valid legal basis, a court may exclude the evidence. This protection is called the exclusionary rule. It comes from the Fourth Amendment, which guards against unreasonable searches and seizures. A successful challenge can lead to reduced charges. If the remaining evidence is too weak to move forward, the charges may be dismissed.
What determines the level of a criminal charge?
Nebraska places controlled substances into schedules based on abuse risk and accepted medical use. Several factors determine whether a charge results in a misdemeanor or a felony:
The schedule classification of the substance
The amount found at the time of arrest
Whether distribution was suspected
The defendant’s past convictions and criminal record
Each factor can affect both the charges filed and the penalties that may follow. Some first-time offenders may qualify for pretrial diversion under Nebraska law (Neb. Rev. Stat. § 29-3601 et seq.). Finishing the program may allow a defendant to avoid a conviction. Eligibility depends on the charges, the substance, the prosecutor's decision and court approval.
How an attorney can help with a drug possession case
An attorney can review the evidence and look for weaknesses in the prosecution's case. Drug possession cases can raise questions about how evidence was collected and handled. This includes checking for legal violations that may not appear in the police report.
Defense strategies vary based on the facts. An attorney can assess whether reduced penalties or other sentencing options may apply. Prosecutors sometimes offer plea deals that lower a felony to a misdemeanor. An attorney can help a defendant decide whether that outcome makes sense given the specific circumstances.
An attorney may also file legal motions and negotiate directly with prosecutors. The right approach depends on the evidence, applicable law and what the prosecutor is willing to accept.
]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[How long does it take to establish paternity?]]>https://www.londonlawofficene.com/?p=478352026-09-25T16:53:42Z2026-09-25T16:53:42ZWhat if both parents agree?
If both parents agree, they may establish paternity through a voluntary acknowledgment. In some cases, an unmarried mother and father can complete the form through the Nebraska Department of Health and Human Services, including at the hospital after the child is born.
Once the parties sign and file the acknowledgment, it can establish legal parentage. That can affect child support, custody, parenting time and inheritance rights. Parents should understand the legal effect of signing before they do it. Nebraska law may allow a person to challenge or rescind an acknowledgment in some situations and deadlines can apply.
How long does a court case take?
If paternity is disputed, the process usually takes longer. A parent or another person allowed by Nebraska law may file a paternity action and the court may order genetic testing. The timeline depends on several things:
Whether either parent contests paternity
How quickly the parties complete testing
Whether the parties receive service properly
The court’s schedule
Whether the court must also decide custody or child support
Genetic testing may happen fairly quickly, but a final court order can take much longer. Every case moves at its own pace.
What happens after paternity is established?
Establishing paternity confirms the child’s legal parentage. It does not always resolve custody, parenting time or child support by itself.
The court may still need to decide those issues, often based on the child’s best interests. Legal parentage gives the court a basis for making those decisions.
What can slow the process down?
Cases usually move faster when both parents agree. Delays can happen if a parent cannot be found, testing is disputed or the parties disagree about related issues.
The time needed to establish paternity in Nebraska depends on the facts of the case. Agreement, genetic testing and court scheduling all play a role. If you need to establish or challenge paternity, a Nebraska family law attorney can explain the process and the next steps.]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[How a paternity decree protects inheritance rights]]>https://www.londonlawofficene.com/?p=478322026-09-22T10:09:28Z2026-09-22T10:09:28ZWhy does paternity matter for inheritance?
When a child is born outside of marriage, Nebraska law provides ways to establish paternity. These steps can create a legal parent-child relationship. A court can establish paternity through a legal proceeding. Other legally recognized methods may also establish this relationship.
Paternity can become important when a parent dies without a will. Nebraska's intestacy laws then determine who may inherit the person's property. A legally established parent-child relationship can help show that a child is an heir under these laws.
Clear proof of paternity can also help reduce disputes about who has the right to inherit. Establishing paternity before these issues arise can provide a clear legal record.
How can a paternity decree help?
A paternity decree is a court order that establishes the legal relationship between a child and a parent. The decree creates a court record that can provide evidence during estate administration.
When someone dies, the estate must identify the people who have legal rights to inherit. A paternity decree can help establish a child's status when the estate determines the legal heirs.
A paternity decree does not guarantee a specific inheritance. A will, trust or beneficiary designation may affect how assets pass after death. Other estate issues may also affect what a child receives.
What should parents understand?
Several factors may affect a child's inheritance rights:
Legal parentage: A court order or another recognized method can establish the parent-child relationship.
Estate documents: A will or trust may affect how property passes after death.
Estate administration: The estate must identify the people who have legal rights to inherit.
Timing: Establishing paternity while a parent is alive can provide clear evidence of the relationship.
Protecting a child's inheritance
A paternity decree can provide important evidence of a child's legal relationship with a parent. If the parent dies, established paternity may help the child establish heirship under Nebraska law. Knowing how paternity and estate planning work together can help families avoid future disputes.]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[Can you be charged for drugs in a borrowed car?]]>https://www.londonlawofficene.com/?p=478312026-08-25T09:55:13Z2026-08-28T05:01:06ZBorrowing a friend’s car can seem like a simple favor. But what happens when police stop the car and find drugs inside? You may worry that the drugs automatically become your legal problem because you were driving. In Nebraska, however, simply being in a vehicle where police find drugs does not automatically prove drug possession. The facts connecting you to the drugs can matter.
When can a borrowed car lead to drug charges?
Nebraska law recognizes both actual and constructive possession. Actual possession means having the drugs on your person. Constructive possession can involve knowing that drugs are present and having control over them.This distinction can matter when you borrow someone else’s vehicle. For example, police might find a bag of suspected drugs under a seat, inside the glove box or in the trunk. The fact that you drove the car does not, by itself, show that you knew about the drugs or controlled them.Nebraska courts have also said that mere presence where drugs are found does not establish constructive possession. Prosecutors may need evidence that links you to the substance.
Whether you had control over the area where police found them
Whether other people had access to the vehicle
Whether statements or conduct may link you to the drugs
For example, a passenger’s mere presence in a vehicle with drugs does not establish joint possession under Nebraska law. Courts may consider additional circumstances that affirmatively connect an occupant to the substance.Legal assistance can help by examining the evidence and assessing whether it actually connects you to the drugs rather than relying only on your presence in the vehicle.
The car’s ownership is not the whole story
Borrowing a vehicle does not automatically shield you from a drug charge. However, it also does not automatically make you responsible for everything inside it. The location of the drugs, who had access to the vehicle and what evidence shows about your knowledge and control can all matter.If you face a Nebraska drug charge after police find drugs in a borrowed car, examining those details may help clarify what the state must prove in the case.]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[What happens if you refuse a vehicle search?]]>https://www.londonlawofficene.com/?p=478302026-08-21T11:05:20Z2026-08-21T11:05:20ZDo you have the right to refuse?
You can refuse consent when an officer requests to search your car. The Fourth Amendment protects individuals from unreasonable searches and seizures. Refusing consent does not by itself give law enforcement permission to search, although officers may still search if they have another lawful basis.
What can officers do after a refusal?
Officers may still search your vehicle if they have probable cause. This standard requires specific facts suggesting evidence of a crime exists in the car. Observable contraband, the smell of illegal substances or visible weapons may help establish probable cause, depending on the totality of the circumstances and the applicable state law.
Law enforcement can also call a K-9 unit to the scene. Courts often allow drug-sniffing dogs during lawful traffic stops if the sniff does not unreasonably extend the stop and otherwise complies with applicable law. A positive alert from the dog may then provide the probable cause officers need to proceed with a search.
What are the practical consequences?
Refusing consent typically will not result in arrest or added charges. Officers must follow legal procedures regardless of your decision. Remaining calm and respectful helps prevent escalation during the encounter.
Understanding your rights under criminal law allows you to make informed choices during traffic stops. Courts may challenge evidence obtained through an illegal search later. Documenting the encounter and noting what the officer said can strengthen your position if charges follow.
Know your rights during traffic stops
Refusing a vehicle search is your legal right. Speaking with a skilled attorney could help clarify your options if law enforcement searched your car or filed charges after a traffic stop.
]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[How your footwear affects field sobriety test performance]]>https://www.londonlawofficene.com/?p=478292026-08-13T14:14:44Z2026-08-18T14:11:22ZUnderstanding common field sobriety tests
Officers may use standardized tests to look for signs of impairment. The walk-and-turn test requires you to take nine heel-to-toe steps along a straight line, turn and take nine steps back. The one-leg stand requires you to balance on one foot while following instructions. Both tests require balance, coordination and attention.
Because these tests involve physical tasks, outside factors can affect how you perform them. Your footwear is one factor that may matter. So can the surface where you perform the test, weather conditions, physical limitations and other circumstances.
Why high heels make tests harder
High heels can make balance-based tests more difficult. The raised heel can change how your foot contacts the ground and may make it harder to stay steady. Stilettos and platform shoes may create additional challenges.
If you are wearing high heels during a traffic stop, you may ask whether you can remove them before performing a test. Whether an officer permits you to remove your shoes can depend on the circumstances. If your footwear affects your ability to complete a test, you may want to make the officer aware of the issue.
Other problematic footwear types
High heels are not the only footwear that may affect test performance. Flip-flops and loose sandals can provide less support and may move or slip while you walk. Boots with thick soles can change how your feet contact the ground. Shoes with unusual tread may also feel different on certain surfaces.
New shoes may cause problems if you are not used to wearing them. Worn shoes with uneven soles or poor tread can also affect your footing. Athletic shoes usually provide good support, but shoes that are too large, loose or poorly fitted may still make some tasks more difficult.
Your rights during roadside testing
Your physical condition and the conditions around you may affect how you perform field sobriety tests. Officers may consider factors such as the testing surface, weather and physical limitations when evaluating your performance. Footwear can be another relevant factor.
If your shoes make a test more difficult, you may want to explain the issue before or during the test. You can also make a note of the footwear you were wearing and any other conditions that affected your performance. These details may be useful when reviewing the circumstances of a traffic stop.
What to keep in mind
Footwear can affect balance and coordination during field sobriety tests. High heels, loose sandals, poorly fitted shoes and worn footwear may make some tasks more difficult. That does not necessarily mean poor performance resulted from impairment.
If you are involved in a traffic stop that includes field sobriety testing, consider the conditions surrounding the tests, including the shoes you were wearing, the surface where you performed them and any physical limitations you had at the time. These details can provide important context when evaluating what happened during the stop.]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[Can the police search your vehicle without a warrant in Nebraska?]]>https://www.londonlawofficene.com/?p=478282026-08-06T11:52:20Z2026-08-06T11:52:20ZWhat does the law say?
Understanding the Fourth Amendment to the U.S. Constitution is the starting point for knowing your rights during a police encounter. This amendment generally protects you against unreasonable searches and seizures without a warrant. Nevertheless, officers might be able to search a vehicle without one under several well-established exceptions, including:
They have probable cause to believe that the vehicle contains contraband or evidence of a crime
You have given them consent
Officers have impounded your vehicle (they may conduct only a routine inventory search)
If they want to search the vehicle without your consent, do not resist them. In most cases, you can ask the court to suppress evidence they found in your vehicle without a warrant, consent or probable cause.
The plain view doctrine
When an officer pulls over your vehicle for a traffic violation and the officer spots a controlled substance inside the vehicle in plain sight, they may arrest you and conduct a search as permitted by law. In another circumstance, if you are arrested for a different offense, officers may search you and your immediate surroundings for evidence of that crime.
What to do if you're facing charges
Determining whether officers had genuine probable cause or exceeded their authority requires a meticulous review of the events. An attorney experienced in criminal defense can examine body camera footage, challenge unlawfully obtained evidence and build a strong defense strategy to protect your rights in court.]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[Where can you live during divorce?]]>https://www.londonlawofficene.com/?p=478272026-07-20T20:16:16Z2026-07-20T20:16:16ZAfter the initial divorce conversation, one of the immediate matters spouses discuss is living arrangements. If this is the position you and your soon-to-be ex-spouse are in, it’s vital to be informed. You want to choose a living arrangement that is safe and protects your interests.
Common solutions that spouses usually choose include:
Remaining in the marital home
When the environment is safe, spouses often agree to remain in the marital home until the divorce is finalized. This is a cost-effective option because you don’t have to move to a new house right away. Besides, if you have kids, it maintains stability.However, you should set ground rules to enjoy these benefits. These include:
Having separate living spaces
Respecting each other’s personal spaces
Agreeing on how you will use communal areas
Dividing household chores and expenses
Talking to your children about the divorce and the new living arrangement
Creating a temporary parenting plan
While remaining in the family home can be beneficial, it can increase the risk of conflicts. So, you need to be extra careful.
Renting a temporary house
Renting a fully furnished short-term rental is another option when going through a divorce. It provides immediate physical separation, allowing you to start getting used to your new life. Ensure you prepare financially for the move. And if you have children, find a rental that accommodates your temporary parenting schedule. For example, an apartment that’s near the family home and your kids’ school.
Buying a home
If you are thinking of buying a new home, obtain as much information as possible. Although you can legally do so, it can complicate property division, as Nebraska is an equitable distribution state.Choosing where to live during divorce requires making informed decisions. Learn more about the benefits and risks of all potential options. ]]>On Behalf of London Law Office P.C., L.L.O.<![CDATA[Virtual visitation in complex custody cases]]>https://www.londonlawofficene.com/?p=478262026-07-07T06:19:03Z2026-07-07T06:19:03ZThere are many different types of custody arrangements after a couple gets divorced. Shared custody is very common, where the couple makes custody exchanges, but sole custody is also possible.
In some cases, when one parent has sole physical custody, the other will still have visitation rights. They are still given a chance to meet with the child or spend time together. Visitation can be allowed independently, but some situations also use supervised visitation, meaning that another adult has to be present.In very complicated cases where it is difficult for one parent to see the child consistently, virtual visitation may also be used. This can have some specific benefits, especially for parents who are a significant physical distance from their children.
Travel and employment obligations
For example, say that one parent wants to be involved in the child's life, but realistically, they have a hectic travel schedule. Perhaps they are a professional athlete, an entertainer or a high-level business executive who works with companies all over the world.Making normal physical custody exchanges may be difficult because this parent is often out of the state or out of the country. But if they have virtual visitation rights, they can still set up a schedule to communicate with the child. This is often done through online services like Skype or FaceTime, allowing the parent and the child to still have a “face-to-face” conversation, even when they are in two completely different locations.
Your custody rights
In all of these areas, whether discussing custody rights directly or visitation rights, it is crucial that you know exactly where you stand. While going through the divorce process and addressing a child custody order, it can be helpful to work with an experienced attorney.
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