Wiseman v. Sullivan

•’Clinton, J.

-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…