60-498.04. License revocation; appeal; notice of judgment.

370 words·~2 min read·/ne/chapter-60/60-498-04

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Any person who feels himself or herself aggrieved because of the revocation of his or her operator's license under sections 60-498.01 to 60-498.04 may appeal therefrom to the district court of the county where the alleged events occurred for which he or she was arrested, and the appeal shall be in accordance with section 84-917 . The district court shall allow any party to an appeal to appear by telephone at any proceeding before the court for purposes of the appeal. Such appeal shall not suspend the order of revocation. The court shall provide notice of the final judgment to the department.

Neither this section nor subsection (2)(a) of section 84-917 provides that its jurisdictional provisions are exclusive. Reiter v. Wimes, 263 Neb. 277, 640 N.W.2d 19 (2002).

Administrative license revocation statutes are reviewed using the rational relationship standard of review. The administrative license revocation statutes do not violate equal protection, nor do they constitute cruel and unusual punishment. Schindler v. Department of Motor Vehicles, 256 Neb. 782, 593 N.W.2d 295 (1999).

The venue requirements of this section governing the right to appeal are mandatory and must be complied with in order for the appellate court to acquire jurisdiction. An appeal from an order of the Director of Motor Vehicles revoking an operator's license for refusing to take a blood, breath, or urine test must be filed in the district court of the county in which the alleged events occurred for which the operator was arrested. Jackson v. Jensen, 225 Neb. 671, 407 N.W.2d 758 (1987).

On appeal to district court from order of Director of Motor Vehicles under section 39-669.16 (transferred to section 60-498.02) revoking operator's license, the burden is on licensee to establish ground for reversal. Mackey v. Director of Motor Vehicles, 194 Neb. 707, 235 N.W.2d 394 (1975).

On appeal from order of revocation of a motor vehicle operator's license under the implied consent law, review is de novo as in equity. Wiseman v. Sullivan, 190 Neb. 724, 211 N.W.2d 906 (1973).

Pursuant to Nebraska's administrative revocation statutes, decisions of the director of the Department of Motor Vehicles are appealed pursuant to the Administrative Procedure Act. Wilson v. Neth, 18 Neb. App. 41, 773 N.W.2d 183 (2009).