Emmons v. Jensen

Carmen G. Emmons was charged with failure to submit to a test of the alcoholic content of her body fluids, pursuant to Nebraska’s implied consent statute, Neb. Rev. Stat. § 39-669.08 (Reissue 1984).

The Department of Motor Vehicles determined that there was no reason appearing in the record to justify the refusal by Emmons to submit to such test and found her refusal unreasonable.The department then revoked her operator’s license and driving privileges for 1 year. On appeal the Douglas County District Court affirmed the department’s order, stating the department “acted properly and in…