S-22-0669 Michael Nelson (Appellant) v. Rhonda K. Lahm, Director, State of Nebraska, Department of Motor Vehicles (Appellee)
Petition for Further Review from Nebraska Court of Appeals on appeal thereto from the District Court for Sheridan County, Judge Travis P. O’Gorman
Attorneys: Bell Island (Island Law Office, PC, LLO for Appellant) and Kenneth A. Yoho (Asst. Attorney General for Appellee).
Civil: Administrative Revocation of Operator’s License
Proceedings below: The District Court for Sheridan County affirmed the Nebraska Department of Motor Vehicles (DMV) decision to revoke Appellant’s operator license for one year after he refused to submit to a chemical test after arrest pursuant to Neb. Rev. Stat. § 60-6,197 (Reissue 2021). In Nelson v. Lahm, 32 Neb.App. 35, 992 N.W.2d 508 (2023), the Court of Appeals affirmed the district court’s decision. The Appellant then filed a Petition for Further Review, which the Supreme Court granted and transferred this case to its docket.
Issues: On Petition for Further Review, Appellant makes the following assignments of error: 1) The Court of Appeals erred in finding that the text of the reasons for arrest do not have to infer the subject is the driver or in actual physical control of a motor vehicle to convey jurisdiction on the Department of Motor Vehicles; and 2) The Court of Appeals erred in determining the Sworn Report reasons text were sufficient for the Department of Motor Vehicles to acquire jurisdiction and revoke Mr. Nelson’s driving privileges.