ARNDT v. DEPARTMENT OF MOTOR VEHICLES

No. S-04-584.

699 N.W.2d 39 (2005)

270 Neb. 172

Thomas J. ARNDT, appellee, v. DEPARTMENT OF MOTOR VEHICLES, appellant.

Supreme Court of Nebraska.

July 15, 2005.


Attorney(s) appearing for the Case

Jon Bruning, Attorney General, Milissa Johnson-Wiles, and, on brief, Charlotte Koranda, Lincoln, for appellant.

Michael L. Munch, Papillion, for appellee.

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


GERRARD, J.

After failing field sobriety tests during a traffic stop, Thomas J. Arndt, the appellee, was arrested and his motor vehicle operator's license was revoked. Arndt appealed the revocation, arguing that the "sworn report" that initiated the revocation procedure was not completed by the arresting officer, as required by Neb.Rev.Stat. § 60-498.01 (Supp.2003), and was therefore invalid. The district court reversed the order of revocation on that basis,...

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