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DUFFACK v. KISSACK

No. 39500.

223 N.W.2d 484 (1974)

192 Neb. 634

James Richard DUFFACK, Appellant, v. John W. KISSACK, Director of Department of Motor Vehicles of the State of Nebraska, Appellee.

Supreme Court of Nebraska.

November 27, 1974.

Attorney(s) appearing for the Case

Paul E. Watts, J. Joseph McQuillan, Gerald E. Moran, George R. Sornberger, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., Steven C. Smith, Special Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.

WHITE, Chief Justice.

The driver's license of plaintiff Duffack was revoked by the Department of Motor Vehicles as a result of his refusal, on March 13, 1971, to take a sobriety test under Nebraska's implied consent law, section 39-727.03, R.R.S.1943, now section 39-669.08, R.R.S.1943. In this action he seeks to declare void the order of the Department of Motor Vehicles revoking his license. The District Court refused to do so and on appeal we affirm the judgment...

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