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MOYER v. NEBRASKA DEPT. OF MOTOR VEHICLES

No. S-07-884.

747 N.W.2d 924 (2008)

275 Neb. 688

Sam L. MOYER, appellee, v. NEBRASKA DEPARTMENT OF MOTOR VEHICLES, appellant.

Supreme Court of Nebraska.

May 9, 2008.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Kevin J. Edwards for appellant.

Arthur S. Wetzel, of Anderson, Vipperman, Kovanda & Wetzel, Grand Island, for appellee.

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

HEAVICAN, C.J.

INTRODUCTION

The sole question presented by this appeal is whether the Nebraska Department of Motor Vehicles (DMV) had jurisdiction to revoke the driver's license of Sam L. Moyer when the arresting officer was not placed under oath prior to signing the sworn report initiating the administrative license revocation process.

FACTS

The underlying facts of this case are not in dispute. On February 9, 2007, Deputy Sheriff Thea...

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