Delgado v. Abramson

578 N.W.2d 833, 254 Neb. 606, 1998 Neb. LEXIS 127
CourtNebraska Supreme Court
DecidedMay 8, 1998
DocketS-97-166
StatusPublished
Cited by2 cases

This text of 578 N.W.2d 833 (Delgado v. Abramson) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delgado v. Abramson, 578 N.W.2d 833, 254 Neb. 606, 1998 Neb. LEXIS 127 (Neb. 1998).

Opinions

Connolly, J.

The director of the Department of Motor Vehicles for the State of Nebraska revoked Ryan P. Delgado’s operator’s license for a period of 3 years because Delgado had accumulated a total of 12 or more points within any 2-year period for the second time within a 5-year period. Delgado appealed the revocation to the district court, contending that the points assessed against his driving record were calculated improperly. The district court determined that the amended transcript of the license revocation proceedings before the director was not sufficient to support the order of revocation. The district court determined that the amended transcript did not contain abstract of conviction reports as required by Neb. Rev. Stat. §§ 60-497, 60-497.01, and 60-497.03 (Reissue 1993). The district court vacated the director’s order on that basis. The director and the Department of Motor Vehicles for the State of Nebraska (hereinafter referred to collectively as director) appeal, and Delgado cross-appeals. We conclude that .the amended transcript was sufficient to sustain the director’s order revoking Delgado’s license and that the points were correctly calculated. Accordingly, we reverse.

BACKGROUND

On August 3, 1995, the director revoked Delgado’s driver’s license for a period of 6 months because Delgado had accumu[608]*608lated a total of 12 or more points within a 2-year period. Delgado’s license was reinstated on March 4, 1996. On October 31, the director again revoked Delgado’s license for a period of 3 years because Delgado had for the second time in any 5-year period accumulated a total of 12 or more points in any 2-year period. The convictions leading to both license revocations were as follows:

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Delgado appealed the revocation of his license to the district court, contending that the director incorrectly considered the citations he received in May 1995 when calculating the number of points he had accumulated pursuant to Neb. Rev. Stat. §§ 60-4,183 and 60-4,186 (Reissue 1993). Pursuant to Neb. Rev. Stat. § 60-4,105 (Cum. Supp. 1996), the director prepared a transcript of the proceedings related to Delgado’s license revocation, which was subsequently supplemented and amended.

The transcript contained the order of the director revoking Delgado’s license, photocopies of abstracts of conviction for some of Delgado’s convictions, and several computer printouts of Delgado’s driving record showing the rest of Delgado’s convictions. The computer printouts consisted of driving records and abstracts kept by the director and came from the director’s computers. The computer documents were certified by the director as being correct and contained information regarding the dates citations were given, the dates of judgments, the [609]*609offenses, the courts involved, and the number of points charged. Delgado contended that the transcript was not sufficient to sustain the revocation of his license because some of the information regarding his convictions was in the form of computer printouts rather than in the form of abstract of conviction reports as required by § 60-497.03.

The district court determined that the amended transcript was not sufficient to sustain the director’s revocation of Delgado’s license because the transcript did not contain abstracts of conviction for all of Delgado’s convictions. The district court further concluded that the computer printouts could not be termed “electronic abstracts] of conviction” in order to be acceptable under § 60-497.03. Accordingly, the district court vacated the director’s order revoking Delgado’s license. The director appeals, and Delgado cross-appeals.

ASSIGNMENTS OF ERROR

The director assigns that the district court erred in determining that the amended transcript was insufficient because it failed to contain abstract of conviction reports. On cross-appeal, Delgado assigns that the district court erred in failing to determine that the director improperly considered points Delgado accumulated due to tickets he received in May 1995 when the director revoked Delgado’s license for the second time.

STANDARD OF REVIEW

An appellate court’s review of a district court’s review of a decision of the director of the Department of Motor Vehicles is de novo on the record. Huddleson v. Abramson, 252 Neb. 286, 561 N.W.2d 580 (1997); Clayton v. Nebraska Dept. of Motor Vehicles, 247 Neb. 49, 524 N.W.2d 562 (1994).

ANALYSIS

Director’s Appeal

The director contends that the amended transcript was sufficient to support the order revoking Delgado’s license because the transcript contained computer printouts showing Delgado’s driving record and because under §§ 60-497, 60-497.01, and 60-497.03, abstracts of conviction may be transmitted electronically. Delgado argues that the district court was correct in [610]*610determining that the amended transcript was insufficient to support the order of revocation because the transcript did not contain abstract of conviction reports as required by §§ 60-497, 60-497.01, and 60-497.03. In particular, Delgado contends that the record does not show that the electronic printouts contain information sent by the district court in an approved format as required by § 60-497.03 and that because the printouts are working records of the director, they cannot be considered as electronically transmitted abstracts of conviction pursuant to § 60-497.03.

The requirements for driving abstract records are governed by statute. Jacobson v. Higgins, 243 Neb. 485, 500 N.W.2d 558 (1993). Statutory language is to be given its plain and ordinary meaning. In addition, this court will, if possible, try to avoid a construction which would lead to absurd, unconscionable, or unjust results. Hilliard v. Robertson, 253 Neb. 232, 570 N.W.2d 180 (1997); Southeast Rur. Vol. Fire Dept. v. Neb. Dept. of Rev., 251 Neb. 852, 560 N.W.2d 436 (1997).

When the revocation of an operator’s license is appealed, § 60-4,105 requires the director to prepare a transcript of the proceedings relating to the revocation. This transcript is then filed by the driver in district court.

Neb. Rev. Stat. § 60-4,104 (Reissue 1993) states:

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,

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Related

State v. Nelson
759 N.W.2d 260 (Nebraska Supreme Court, 2009)
Delgado v. Abramson
578 N.W.2d 833 (Nebraska Supreme Court, 1998)

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Bluebook (online)
578 N.W.2d 833, 254 Neb. 606, 1998 Neb. LEXIS 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delgado-v-abramson-neb-1998.