2017 Nebraska Revised Statutes
Chapter 60 - MOTOR VEHICLES
60-4,104 Revocation or suspension; order of director; prima facie evidence.
60-4,104. Revocation or suspension; order of director; prima facie evidence.
A copy of the order of the director suspending or revoking any operator's license or the privilege of operating a motor vehicle, duly certified by the director and bearing the seal of the Department of Motor Vehicles, shall be admissible in evidence without further proof and shall be prima facie evidence of the facts therein stated in any proceeding, civil or criminal, in which such suspension or revocation is an issuable fact.
Source
- Laws 1961, c. 318, § 1, p. 1018;
- R.S.1943, (1988), § 60-418.01;
- Laws 1989, LB 285, § 54.
Annotations
An order of the Director of Motor Vehicles revoking or suspending an operator's license is prima facie evidence of the facts therein, shifting the burden to the driver to rebut the correctness of that order. Delgado v. Abramson, 254 Neb. 606, 578 N.W.2d 833 (1998).
Copy of order of suspension certified in name of director by properly designated subordinate is admissible in evidence. State v. Applegarth, 196 Neb. 773, 246 N.W.2d 216 (1976).
