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CROSSER v. IOWA DEPT. OF PUBLIC SAFETY

No. 2-57197.

240 N.W.2d 682 (1976)

Donald LeWarren CROSSER, Appellee, v. IOWA DEPARTMENT OF PUBLIC SAFETY, Appellant.

Supreme Court of Iowa.

Rehearing Denied May 13, 1976.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., John G. Mullen and Peter E. Voorhees, Asst. Attys. Gen., for appellant.

Charles F. Fairall, Fairall & Fairall, Marshalltown, for appellee.

Heard before MOORE, C. J., and LeGRAND, UHLENHOPP, HARRIS and McCORMICK, JJ.

HARRIS, Justice.

The Iowa department of public safety (the department) appeals from a trial court decree vacating a driver's license revocation under the implied consent law. We reverse the trial court and reinstate the revocation.

About 2:00 a. m. on New Year's morning, 1973, Donald Crosser (plaintiff) was arrested for operating a motor vehicle while under the influence of an alcoholic beverage in violation of...

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