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KENLEY v. NETH

Nos. S-04-1186, S-05-230.

712 N.W.2d 251 (2006)

271 Neb. 402

Bridget L. KENLEY, appellee, v. Beverly J. NETH, director, State of Nebraska, Department of Motor Vehicles, appellant. Marc F. Shiels, appellee, v. State of Nebraska, Department of Motor Vehicles, appellant.

Supreme Court of Nebraska.

April 14, 2006.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, Laura L. Neesen, and Milissa Johnson-Wiles, for appellant.

Joseph H. Murray, P.C., L.L.O., of Germer, Murray & Johnson, Hebron, for appellee Kenley.

No appearance for appellee Shiels.

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

WRIGHT, J.

NATURE OF CASE

Motorists in two cases appealed the decisions of the Department of Motor Vehicles (DMV) revoking their driver's licenses for refusing to submit to chemical testing for the unlawful presence of alcohol or drugs. The Clay County District Court reversed the license revocation in each case and declared Neb.Rev.Stat. § 60-498.01 (Reissue 2004) facially unconstitutional on due process and equal protection grounds. The State timely...

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