Law enforcement officers and Terry L. Hemmer (defendant) were engaged in a high-speed car chase. A sheriff set up a roadblock and tried to flag Hemmer down as he approached. Hemmer did not stop, and the sheriff had to dive into a snowbank to avoid being hit by Hemmer's car. Hemmer was arrested after his car ran out of gas, and the State of Nebraska (plaintiff) charged him with attempted assault on a peace officer, defined as "intentionally, knowingly, or recklessly" causing the officer to suffer bodily injury. The parties reached a plea agreement under which Hemmer agreed to plead guilty to a reduced charge of attempting to recklessly cause bodily injury. The trial judge entered a judgment of guilt and Hemmer appealed to the Nebraska Court of Appeals.