Hoppens v. Nebraska Dept. of Motor Vehicles, 288 Neb. 857

On March 10, 2013, Omaha officer Shymkewicz found Daniel Hoppens seated in the driver’s seat of a running car in the Omaha Police Department parking lot; Hoppens showed signs of intoxication and admitted he had driven into the lot.
Shymkewicz administered field sobriety tests and an alcohol test; after Hoppens failed and refused a postarrest chemical test, the officer prepared a sworn report stating the reasons for arrest and the refusal.
The DMV held an ALR hearing, concluded the sworn report provided a prima facie basis for revocation, and the DMV director revoked Hoppens’ license for one year.
Hoppens petitioned for judicial review in district court arguing the DMV lacked jurisdiction because the sworn report did not state the vehicle was on property open to public access (the lot was private, by agreement). The district court upheld the DMV.
On appeal, Hoppens argued § 60-498.01(2) requires the sworn report to include facts supporting an inference the vehicle was operated on public roads or private property open to public access; DMV argued location need not be stated in the sworn report.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does a sworn report under Neb. Rev. Stat. § 60-498.01(2) must state facts supporting an inference the vehicle was operated on public roads or private property open to public access?	Hoppens: yes — the report must show the vehicle was on public-access property because DUI statutes do not apply on private property not open to public access.	DMV: no — the report need only state reasons supporting belief the person was driving or in actual physical control while under the influence; location is not required.	Court: No. The sworn report need only include facts supporting the officer’s suspicion that the person drove or was in actual physical control of a vehicle while under the influence; it need not state or support an inference about public-access property.

Betterman v. Department of Motor Vehicles, 273 Neb. 178, 728 N.W.2d 570 (explains the two-component requirement for reasons in a sworn report: driving/actual physical control and intoxication)
Snyder v. Department of Motor Vehicles, 274 Neb. 168, 736 N.W.2d 731 (holds shorthand allegations insufficient where factual reasons for intoxication are absent)
Underwood v. Nebraska State Patrol, 287 Neb. 204, 842 N.W.2d 57 (statutory background on implied-consent and ALR review principles)
State v. McCave, 282 Neb. 500, 805 N.W.2d 290 (acknowledges DUI statutes do not apply to private property not open to public access)
Murray v. Neth, 279 Neb. 947, 783 N.W.2d 424 (jurisdictional and sufficiency principles for sworn reports)
Hahn v. Neth, 270 Neb. 164, 699 N.W.2d 32 (ALR report sufficiency precedent)
Johnson v. Neth, 276 Neb. 886, 758 N.W.2d 395 (recognition that statutory requirements for sworn reports are not onerous)
Sherman v. Neth, 283 Neb. 895, 813 N.W.2d 501 (Court disapproved earlier Court of Appeals statement requiring sworn report to permit inference of public-road location)