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Connelly v. Department Of Motor Vehicles10/24/2000
1. Administrative Law: Final Orders: Appeal and Error. A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record.
2. Judgments: Appeal and Error. An appellate court, in reviewing a district court judgment for errors appearing on the record, will not substitute its factual findings for those of the district court where competent evidence supports those findings.
3. ___: ___. When reviewing a question of law, however, an appellate court reaches a conclusion independent of the lower court's decision.
4. Administrative Law: Final Orders: Appeal and Error. When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record, the inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable.
5. Administrative Law: Statutes: Appeal and Error. The interpretation of statutes and regulations presents questions of law, in connection with which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below, according deference to an agency's interpretation of its own regulations, unless plainly erroneous or inconsistent.
6. Administrative Law: Appeal and Error. In the absence of anything to the contrary, language contained in a rule or regulation is to be given its plain and ordinary meaning. An appellate court will not resort to interpretation to ascertain the meaning of words in a rule or regulation which is plain, direct, and unambiguous.
7. Administrative Law: Words and Phrases. An ambiguity exists when the instrument at issue is susceptible of two or more reasonable but conflicting interpretations or meanings.
8. ___: ___. The fact that parties have suggested opposing meanings of a disputed instrument does not necessarily compel the conclusion that the instrument is ambiguous.
9. Arrests. Physical custody is not required for an arrest to have been effected.
10. Administrative Law: Arrests: Police Officers and Sheriffs. A formal announcement of arrest is not necessary for an officer to be considered an arresting officer for purposes of 247 Neb. Admin. Code, ch. 1, § 017.02 (1998).
11. Administrative Law: Due Process: Drunk Driving : Licenses and Permits: Revocation: Police Officers and Sheriffs. The presence of one of two arresting officers at an administrative license revocation hearing satisfies the due process requirements of 247 Neb. Admin. Code, ch. 1, § 017.02 (1998), when the officer who is present questioned and tested the motorist.
Appeal from the District Court for Douglas County: Sandra L. Dougherty, Judge. Affirmed.
INTRODUCTION
Timothy F. Connelly appeals from the affirmance by the district court of an order by the Nebraska Department of Motor Vehicles (DMV), which order had revoked Connelly's driving privileges. For the reasons set forth below, we affirm.
BACKGROUND
In the early morning hours of December 24, 1998, two Omaha police officers, Michael Davis and J.V. Stokes, were on patrol in a marked police cruiser in downtown Omaha. As of that date, Officer Davis was in training as an Omaha police officer, and Officer Stokes was serving as his field training officer. While on patrol, the officers observed a vehicle turning from an improper lane and driving the wrong direction on a one-way street near the intersection of 28th and Dodge Streets. The officers fo
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