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Klug v. Nebraska Department of Motor Vehicles

Supreme Court of Nebraska

June 26, 2015

JORDAN D. KLUG, APPELLANT,
v.
NEBRASKA DEPARTMENT OF MOTOR VEHICLES, APPELLEE

Page 677

Appeal from the District Court for Lancaster County: ANDREW R. JACOBSEN, Judge.

Timothy S. Noerrlinger for appellant.

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

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

OPINION

Page 678

[291 Neb. 236] Wright, J.

NATURE OF CASE

Jordan D. Klug appeals a district court's order affirming the lifetime revocation by the Nebraska Department of Motor Vehicles (DMV) of his commercial driver's license (CDL). The revocation was based on a Kansas administrative license proceeding and a South Dakota criminal conviction for driving under the influence of alcohol. For the reasons discussed below, we affirm the judgment of the district court.

SCOPE OF REVIEW

An appellate court's review of a district court's review of a decision of the director of the Department of Motor Vehicles is de novo on the record. Strong v. Neth, 267 Neb. 523, 676 N.W.2d 15 (2004).

Statutory interpretation is a question of law that an appellate court resolves independently of the trial court. DMK Biodiesel v. McCoy, 285 Neb. 974, 830 N.W.2d 490 (2013).

FACTS

On January 19, 2010, Klug was administratively adjudicated to have committed the offense of " Driving Under Influence-1st" in the State of Kansas. Klug was not criminally convicted of driving under the influence in this administrative proceeding, but instead completed a diversion program. On September 23, 2013, Klug was convicted in the Circuit Court of South Dakota of " Driving Under Influence-1st." On September 27, the DMV revoked Klug's CDL for life pursuant to Neb. Rev. Stat. § 60-4,168 (Cum. Supp. 2012).

Klug appealed the DMV's revocation to the district court pursuant to Neb. Rev. Stat. § 60-4,105 (Reissue 2010). He contended that the Kansas and South Dakota offenses were not " included" in § 60-4,168 and therefore did not provide a [291 Neb. 237] basis for the DMV to revoke his CDL. Instead, he asserted that § 60-4,168 referred specifically to the Nebraska statutes for driving under the influence of alcohol--Neb. Rev. Stat. § § 60-6,196 (Reissue 2010) and 60-6,197 ...


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