Cavaness v. Cox

HALL, Justice:

The Department of Public Safety deprived plaintiff of his license to operate a motor vehicle because of his refusal to submit to a chemical test to determine the alcoholic content of his blood as provided for in our implied consent statute.1 The matter was heard de novo2 in the district court and from a judgment thereof sustaining the action of the Department, plaintiff presents this appeal.

There is no material dispute in the facts and the trial record supports the following abstract thereof: Plaintiff was stopped by a police officer for a driving offense at which time he had…