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DeBOER v. NEBRASKA DMV

No. A-07-874.

751 N.W.2d 651 (2008)

16 Neb. App. 760

Ted DeBOER, appellee, v. NEBRASKA DEPARTMENT OF MOTOR VEHICLES, appellant.

Court of Appeals of Nebraska.

June 3, 2008.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, Andee G. Penn, and Edward G. Vierk for appellant.

No appearance for appellee.

INBODY, Chief Judge, and MOORE and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

The Nebraska Department of Motor Vehicles (the Department) appeals the judgment of the district court for Hall County, which reversed an order of the Department revoking the driver's license of Ted DeBoer for 90 days. We find competent evidence in the record to support the district court's determination that contrary to regulation, the officer who performed a breath test of DeBoer on which the revocation was based failed to observe...

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