Terry L. Wiseman v. John L. Sullivan

This is an appeal from an order of the Director of the Department of Motor Vehicles made under the provisions of section 39-727.16 et seq., R. S. Supp., 1972, revoking the motor vehicle operator's license of the plaintiff for an alleged refusal of the plaintiff to take a chemical test of his breath under the provisions of section 39-727.03(4), R. S. Supp., 1972. The District Court on appeal upheld the order and the plaintiff appealed to this court. We reverse. The question here is whether the evidence supports the Conclusion that there was a refusal, and if there was, the reasonableness or unreasonableness of the refusal. § 39-727.17, R. S. Supp., 1972. On appeal from an order of revocation of a motor vehicle operator's license under the implied consent law, we review the findings of the trial court de novo as in equity. § 39-727.19, R. S. Supp., 1972; § 60-420, R. R. S. 1943; Zadina v. Weedlun, 187 Neb. 361, 190 N.W.2d 857.