Mahlendorf v. Nebraska Department of Motor Vehicles

Miller-Lerman, Judge,

concurring.

I would have thought in a case in which the rules of evidence have been invoked that a greater foundation by the testifying officer would be required before the sworn report could be admitted. Further, I would have thought in a case in which the rules of evidence have been invoked that a document admitted for jurisdictional purposes, but not offered “to prove the truth of the matter assertive [sic] therein” and not admitted for such purposes, would be incapable of establishing a prima facie case, even under Neb. Rev. Stat. § 39-669.15(2) or (3) (Cum. Supp. 1992) and 247 Neb. Admin. Code, ch. 1, § 006.05B (1993). However, based on McPherrin v. Conrad, 248 Neb. 561, 537 N.W.2d 498 (1995), I concur.