Section 247-1-028 - DISMISSAL AND REINSTATEMENTThe Department shall dismiss the administrative license revocation or immediately reinstate the license without payment of the reinstatement fee for those Appellants or licensees whose operator's license is subject to revocation for failure of a chemical test under Neb. Rev. Stat. § 60-498.01(3) upon receipt of the Department by any of the following:
028.01Prosecuting Attorney Dismissal. The prosecuting attorney responsible for the matter stating that they declined to file a complaint or dismissed a filed complaint alleging a violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section prior to trial. A copy of the court document or a written statement will be considered suitable evidence.028.02Copy of Judgment. A copy of the judgment showing that in the criminal action on the charge of a violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section arising from the same incident, the court held one of the following: 028.02A The peace officer did not have probable cause to believe the person was operating or in the actual physical control of a motor vehicle in violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section; or028.02B The person was not operating or in the actual physical control of a motor vehicle while having an alcohol concentration in violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section.028.03Not Guilty Finding. A copy of the court's decision with a specific finding of not guilty of a violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section after trial.028.04Reinstatement of the Administrative Revocation. If a criminal charge is filed or refilled for a violation of Neb. Rev. Stat. § 60-6,196 or a city or village ordinance enacted in conformance with such section pursuant to an arrest for which all administrative license revocation proceedings were dismissed, the Director, upon notification or discovery, may reinstate an administrative license revocation under this section as of the date that the Director receives notification of the filing or refilling of the charge, except that a revocation shall not be reinstated if it was dismissed pursuant to Neb. Rev. Stat. § 60-498.01. The revocation shall be reinstated as of the date the Director receives notice.028.05Verification. The Department may use the JUSTICE System to verify filings prior to dismissing an administrative license revocation.247 Neb. Admin. Code, ch. 1, § 028
Amended effective 12/27/2022