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BARNES v. IOWA DEPT. OF TRANSP.

No. 85-1243.

385 N.W.2d 260 (1986)

Richard Allen BARNES, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

April 16, 1986.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Lester A. Paff, Special Asst. Atty. Gen., Dan Perkins and Mark Hunacek, Asst. Attys. Gen., for appellant.

Matthew J. Devlin and Arthur F. Gilloon of Norman & Gilloon, Dubuque, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McGIVERIN, CARTER, and LAVORATO, JJ.

CARTER, Justice.

The Iowa Department of Transportation (the Department) appeals from an order of the district court refusing to limit eligibility for a temporary restricted license under Iowa Code section 321B.13 (1985) (refusal to take chemical test) to persons who have entered pleas of guilty to an underlying OWI offense. We conclude that the statute does so limit eligibility for temporary restricted licenses where revocation...

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