S-20-0493 Harold Travis (Appellant) v. Rhonda K. Lahm, Director, State of Nebraska, Dept. of Motor Vehicles
Lancaster County District Court, Hon. Andrew Jacobsen
Attorneys: Milissa Johnson-Wiles, James A. Campbell (Solicitor General) (Office of the Attorney General, for Appellee); Bell Island (Island Law Office, PC LLO, for Appellant)
Civil: Administrative law; Due Process; Equal Protection
Proceedings Below: The district court found that Neb. Rev. Stat. 60-498.01(7), (8) as amended by LB 667 (Laws 2011), which provide a driver the choice to seek an administrative hearing to contest his or her administrative license revocation or obtain an ignition interlock permit during the administrative process, are constitutional under the Equal Protection and Due Process Clauses.
Issues on Appeal: Whether the district court erred in failing to determine Neb. Rev. Stat. 60-498.01(7) and (8) are unconstitutional, specifically, the court erred in determining that a) the Appellant’s rights under the Equal Protection Clause were not violated when he exercised his due process right to an administrative hearing; b) the Appellant’s substantive due process right was not violated when he was required to waive his due process right to an administrative hearing if he wanted to apply for an ignition interlock permit; c) that Neb. Rev. Stat. 60-498.01 did not impose and unconstitutional condition by requiring Appellant to waive a right to an administrative hearing for the privilege of obtaining an ignition interlock permit.