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MARY v. IOWA DEPT. OF TRANSP.

No. 85-856.

382 N.W.2d 128 (1986)

Brad Scott MARY, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

February 19, 1986.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and David A. Ferree, Asst. Atty. Gen., for appellant.

R. Michael Sweesy, Mason City, for appellee.

Considered by REYNOLDSON, C.J., and HARRIS, McGIVERIN, SCHULTZ and WOLLE, JJ.

SCHULTZ, Justice.

The Department of Transportation (department) appeals from the district court decree reversing a driver's license revocation. In a hearing before the department, the agency sustained the revocation of Brad Scott Mary's driver's license because his blood test yielded an alcohol concentration of .10 or more. On judicial review the district court concluded that the blood sample could not be used as a basis to revoke Mary's license and ordered the department...

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