Nebraska Administrative Code
Topic - MOTOR VEHICLES, DEPARTMENT OF
Title 247 - NEBRASKA ADMINISTRATIVE CODE, NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Chapter 1 - NEBRASKA DEPARTMENT OF MOTOR VEHICLES
Section 247-1-005 - ISSUES AT HEARING
Universal Citation: 247 NE Admin Rules and Regs ch 1 ยง 005
Current through September 17, 2024
The issues at the hearing shall be limited to those issues specified as follows:
005.01 In the case of a refusal to submit:
005.01A Did the law
enforcement officer have probable cause to believe the Appellant was operating
or in the actual physical control of a motor vehicle in violation of Neb. Rev.
Stat. §
60-6,196 or a city or village
ordinance enacted pursuant to Neb. Rev. Stat. §
60-6,196; and
005.01B Did the Appellant refuse to submit or
fail to complete a chemical test after being requested to do so by the peace
officer.
005.02 If the chemical test disclosed an alcohol concentration of 0.08 or more:
005.02A Did the law enforcement officer have
probable cause to believe the Appellant was operating or in the actual physical
control of a motor vehicle in violation of Neb. Rev. Stat. §
60-6,196 or a city or village
ordinance enacted pursuant to Neb. Rev. Stat. §
60-6,196; and
005.02B Was the Appellant operating or in the
actual physical control of a motor vehicle while having an alcohol
concentration in violation of subsection (1) of Neb. Rev. Stat. §
60-6,196.
Disclaimer: These regulations may not be the most recent version. Nebraska may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
