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Hoppens v. Nebraska Department of Motor Vehicles

Supreme Court of Nebraska

August 22, 2014

DANIEL HOPPENS, APPELLANT,
v.
NEBRASKA DEPARTMENT OF MOTOR VEHICLES, APPELLEE

Page 332

[Copyrighted Material Omitted]

Page 333

Appeal from the District Court for Douglas County: GREGORY M. SCHATZ, Judge.

Thomas Petersen, of Petersen Law Office, for appellant.

Jon Bruning, Attorney General, and Milissa Johnson-Wiles for appellee.

WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ. HEAVICAN, C.J., participating on briefs.

OPINION

Page 334

[288 Neb. 858] Connolly, J.

SUMMARY

A police officer arrested Daniel Hoppens after he was found in a motor vehicle parked in an Omaha Police Department parking lot. The arresting officer observed signs of intoxication and asked Hoppens to perform a chemical test. Hoppens refused, and following an administrative license revocation [288 Neb. 859] (ALR) hearing, the Nebraska Department of Motor Vehicles (DMV) revoked his driving privileges for 1 year and the district court for Douglas County affirmed the revocation. On appeal, Hoppens argues that the DMV did not have jurisdiction to revoke his license because the sworn report submitted by the arresting officer did not state that the motor vehicle was on property open to public access. Finding no error, we affirm.

BACKGROUND

Omaha police officer Scott Shymkewicz was " working a DUI mini grant" on March 10, 2013. As he was fueling his cruiser at an Omaha Police Department parking lot in downtown Omaha, he noticed a vehicle without police markings in the lot. Shymkewicz approached the vehicle and found Hoppens in the driver's seat. Shymkewicz observed that Hoppens had bloodshot eyes, slurred speech, and a strong odor of alcohol on his breath. Hoppens told Shymkewicz that " he had just driven into the lot" and was waiting for a friend to exit a nearby bar. Shymkewicz testified that the parking lot is private property and that signs posted on the lot warned it was for police use only. Although Shymkewicz did ...


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