Hahn v. Neth

Summary

The Supreme Court of Nebraska considered whether deficiencies in an arresting officer's sworn report deprived the Nebraska Department of Motor Vehicles director of authority to revoke a driver's license under Nebraska's administrative license revocation statutes. The court held that the report must contain the statutory information required to confer jurisdiction, and that omissions concerning the request for testing and the type of test were jurisdictional defects that could not be cured by testimony at the administrative hearing. The court affirmed the district court's decision vacating the revocation.

Holdings

1. A sworn report must contain, at a minimum, the information specified in Neb. Rev. Stat. § 60-6,205(3) to confer jurisdiction or authority on the director to administratively revoke an operator's license. Because Miller's report omitted the required information that Hahn was requested to submit to the test and the type of test administered, the director lacked authority to revoke Hahn's license.
2. A sworn report that fails to include information required by § 60-6,205(3) cannot be supplemented by evidence presented at a subsequent administrative hearing to create the director's jurisdiction or authority to revoke the license.

Questions Presented

1. Whether an arresting officer's sworn report that omits information required by Neb. Rev. Stat. § 60-6,205(3) confers jurisdiction or authority on the director of the Department of Motor Vehicles to administratively revoke a driver's license.
2. Whether testimony and other evidence offered at the administrative hearing may supplement a sworn report that is incomplete under the statute.

Disposition

affirmed