ZIEMBA v. JOHNS

No. 36945.

163 N.W.2d 780 (1968)

183 Neb. 644

Theodore J. ZIEMBA, Appellee, v. L. C. JOHNS, Director of Motor Vehicles of Nebraska, Appellant.

Supreme Court of Nebraska.

December 20, 1968.


Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., James Duggan, Asst. Atty. Gen., Lincoln, Herbert T. White, Omaha, for appellant.

Paul E. Watts, Omaha, for appellee.

Byron J. Norval, Seward, for Seward County, Amicus Curiae.

Heard before WHITE, C. J., BOSLAUGH, SMITH, and McCOWN, JJ., and HUBKA, ACH, and GARROTTO, District Judges.


McCOWN, Justice.

The Director of Motor Vehicles revoked appellee's license to operate a motor vehicle under the provisions of the Implied Consent Act. On appeal to the district court, that court found for the appellee, and the Director of Motor Vehicles has appealed.

The issue is whether a plea of guilty to a criminal charge of drunken driving under section 39-727, R.R.S.1943, is sufficient to establish the reasonableness of a refusal to submit to a chemical...

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