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 March 20, 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.
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