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RAYMOND v. DEPARTMENT OF MOTOR VEHICLES

No. 84-458.

366 N.W.2d 758 (1985)

219 Neb. 821

Joe S. RAYMOND, Appellant, v. DEPARTMENT OF MOTOR VEHICLES, State of Nebraska, Appellee.

Supreme Court of Nebraska.

May 3, 1985.

Attorney(s) appearing for the Case

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

Richard Douglas McClain, Lincoln, for appellant.

KRIVOSHA, C.J., WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, District Judge.

HASTINGS, Justice.

The petitioner, Joe S. Raymond, has appealed from an order of the district court which affirmed the order of the Department of Motor Vehicles revoking his license for a period of 1 year for failure to provide an adequate breath sample for an Intoxilyzer test.

He assigns as errors that (1) the trial court failed to recognize and apply the defense of double jeopardy and res judicata; (2) the court held that petitioner violated the test refusal...

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