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O'HARA v. DEPARTMENT OF MOTOR VEHICLES

No. A-04-1128.

713 N.W.2d 508 (2006)

14 Neb. App. 709

Zachary P. O'HARA, appellant, v. DEPARTMENT OF MOTOR VEHICLES, an administrative agency of the State of Nebraska, appellee.

Court of Appeals of Nebraska.

May 2, 2006.

Attorney(s) appearing for the Case

Phillip G. Wright and Casey J. Symonds, of Wright & Associates, Omaha, for appellant.

Jon Bruning, Attorney General, and Edward G. Vierk for appellee.

INBODY, Chief Judge, and IRWIN and CARLSON, Judges.

CARLSON, Judge.

INTRODUCTION

Zachary P. O'Hara appeals from the judgment of the district court for Douglas County affirming the revocation of his driver's license by the Nebraska Department of Motor Vehicles (Department). Based on the reasons that follow, the appeal is dismissed and the cause is remanded to the district court with directions to vacate its judgment.

BACKGROUND

On February 27, 2004, at approximately 1 a.m., Omaha police officer...

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