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SCHMOLDT v. STOKES

No. 61719.

275 N.W.2d 209 (1979)

John Wayne SCHMOLDT, Appellee, v. Allen E. STOKES, Director, Department of Transportation, Appellant.

Supreme Court of Iowa.

February 21, 1979.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen. and Stuart D. Miller, Asst. Atty. Gen., for appellant.

Robert C. Nelson, of Ruffin, Nelson, Fassler, Mitchell & Kimm, Cedar Rapids, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, HARRIS and ALLBEE, JJ.

UHLENHOPP, Justice.

This appeal involves the suspension of the driver's license of John Wayne Schmoldt for refusal to submit to a chemical test for intoxication.

On March 26, 1977, Cedar Rapids police officers Noonan and Serbousek arrested Schmoldt for driving while intoxicated. Cedar Rapids participates in the Alcohol Safety Action Program (ASAP), which involves special training of certain peace officers. Officer Kraft, a Cedar Rapids policeman, was a member...

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