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CHASE v. NETH

No. S-04-501.

697 N.W.2d 675 (2005)

269 Neb. 882

Keri L. CHASE, appellee, v. Beverly NETH, director of the Nebraska Department of Motor Vehicles, appellant.

Supreme Court of Nebraska.

May 27, 2005.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Milissa Johnson-Wiles, Lincoln, for appellant.

Russel L. Jones, of Jones Law Office, North Platte, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

The district court for Lincoln County held that Neb.Rev.Stat. § 60-498.01 (Supp. 2003), which is part of the Nebraska administrative license revocation (ALR) procedure, violates due process rights when applied to persons who refuse to submit to a chemical test of their breath or blood because it does not allow such persons to raise Fourth Amendment challenges at the ALR hearing. The Department of Motor Vehicles filed this timely appeal. Based upon...

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