KEYS v. DEPARTMENT OF MOTOR VEHICLES

No. S-94-549.

546 N.W.2d 819 (1996)

249 Neb. 964

Charles C. KEYS, Appellee, v. DEPARTMENT OF MOTOR VEHICLES, an administrative agency of the State of Nebraska, Appellant.

Supreme Court of Nebraska.

May 3, 1996.


Attorney(s) appearing for the Case

Don Stenberg, Attorney General, and Jay C. Hinsley, Lincoln, for appellant.

Phillip G. Wright, of Quinn & Wright, Omaha, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.


CONNOLLY, Justice.

In this appeal, we are asked to determine whether a motorist who provides a sufficient sample of breath to register a digital reading on an Intoxilyzer, but who does not provide enough breath to cause the machine to print the result on a test record card, has submitted to a breath test as required by Nebraska law.

Following an administrative hearing, the driver's license of Charles C. Keys was revoked for a period of 1 year by the director...

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