O'HARA v. Department of Motor Vehicles

Carlson, Judge.

INTRODUCTION

Zachary P. O’Hara appeals from the judgment of the district court for Douglas County affirming the revocation of his driver’s license by the Nebraska Department of Motor Vehicles (Department). Based on the reasons that follow, the appeal is dismissed and the cause is remanded to the district court with directions to vacate its judgment.

BACKGROUND

On February 27, 2004, at approximately 1 a.m., Omaha police officer Scott Buresh was on duty and observed in a parking lot a vehicle that appeared to have been involved in an accident. The vehicle had significant lower…