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BAPAT v. JENSEN

No. 84-605.

371 N.W.2d 742 (1985)

220 Neb. 763

Arun N. BAPAT, Appellee, v. Holly JENSEN, Director of the Department of Motor Vehicles of the State of Nebraska, Appellant.

Supreme Court of Nebraska.

August 16, 1985.

Attorney(s) appearing for the Case

Paul L. Douglas, Atty. Gen., and Henry M. Grether III, Lincoln, for appellant.

Mark M. Sipple of Luckey, Sipple, Hansen & Emerson, Columbus, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

HASTINGS, Justice.

Holly Jensen, Director, Department of Motor Vehicles, has appealed a judgment of the district court which reversed her order of February 3, 1983, revoking plaintiff Arun N. Bapat's motor vehicle operator's license for 1 year under Neb.Rev.Stat. § 39-669.16 (Reissue 1984) for failure to submit to a chemical test to determine possible intoxication. We reverse.

On December 11, 1982, Bapat was observed by a police officer of the city of...

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