S-10-0945, Ronald Sherman (Appellant) v. Beverly Neth, Director, Nebraska Department of Motor Vehicles

Cheyenne County, Judge Derek C. Weimer

Attorneys: Bell T. Island (Appellant) --- Gregory Walkin (Attorney General’s Office)

Civil: Administrative revocation of license

Proceedings below: The trial court affirmed the Director’s decision to revoke Sherman’s license for one year under the Administrative License Revocation Act. The Court of Appeals reversed and remanded. See Sherman v. Neth, 19 Neb. App. 435 (2011). The State filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in determining the arresting officer’s sworn report lacked the recitations by Neb. Rev. Stat. § 60-498.01(2) and was thus insufficient to vest the Director with jurisdiction to revoke Sherman’s license.