Terry L. Wiseman v. John L. Sullivan Book Reviews

Terry L. Wiseman v. John L. Sullivan by Supreme Court of Nebraska Book Summary

This is an appeal from an order of the Director of the Department of Motor Vehicles made under the provisions of section 39-727.16 et seq., R. S. Supp., 1972, revoking the motor vehicle operator's license of the plaintiff for an alleged refusal of the plaintiff to take a chemical test of his breath under the provisions of section 39-727.03(4), R. S. Supp., 1972. The District Court on appeal upheld the order and the plaintiff appealed to this court. We reverse. The question here is whether the evidence supports the Conclusion that there was a refusal, and if there was, the reasonableness or unreasonableness of the refusal. § 39-727.17, R. S. Supp., 1972. On appeal from an order of revocation of a motor vehicle operator's license under the implied consent law, we review the findings of the trial court de novo as in equity. § 39-727.19, R. S. Supp., 1972; § 60-420, R. R. S. 1943; Zadina v. Weedlun, 187 Neb. 361, 190 N.W.2d 857.

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Terry L. Wiseman v. John L. Sullivan (Supreme Court of Nebraska) Book Reviews 2024

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