Moore v. Peterson

The director of the Department of Motor Vehicles appeals from the judgment of the district court reversing the order of the director revoking the operator’s license and operating privileges of the plaintiff, Keith J. Moore, for 6 months from August 30, 1982, for refusal to submit to a test of body fluids pursuant to Neb. Rev. Stat. § 39-669.08 (Reissue 1978) of Nebraska’s implied consent law.

Neb. Rev. Stat. § 39-669.15 (Reissue 1978) requires the arresting officer to make a “sworn report” to the director concerning the arrest and refusal of the arrested person to submit to the required test.…