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FREEMAN v. NETH

No. A-09-1159.

790 N.W.2d 218 (2010)

18 Neb. App. 592

Kenneth G. FREEMAN, appellee, v. Beverly NETH, director, State of Nebraska, Department of Motor Vehicles, appellant.

Court of Appeals of Nebraska.

October 19, 2010.

Attorney(s) appearing for the Case

Jon Bruning , Attorney General, and Melissa R. Vincent for appellant.

David W. Jorgensen , of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellee.

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

MOORE, J.

INTRODUCTION

In this administrative license revocation appeal, we must answer the following question: Under Neb.Rev.Stat. § 60-498.01(5)(a) (Reissue 2004), when does a peace officer receive the results of a chemical test to trigger the 10-day time period for submitting a sworn report to the director of the Nebraska Department of Motor Vehicles (Department)? In this case, the peace officer was on vacation when the chemical test results were...

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