Yenney v. Nebraska Department of Motor Vehicles

Sievers, Judge.

The district court for Douglas County affirmed the ruling of the director of the Department of Motor Vehicles (the Department) that Steven R. Yenney’s driving privileges should be revoked for 1 year under the administrative license revocation (ALR) statutes. We find that the Department did not make a prima facie case for license revocation, and we therefore reverse, and remand with directions to reinstate Yenney’s driver’s license.

FACTUAL AND PROCEDURAL BACKGROUND

Shortly after midnight on December 1, 2004, Omaha Police Officers David Carlson and Larry Bakker found Yenney asleep…