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WESTENDORF v. IOWA DEPT. OF TRANSP.

No. 86-728.

400 N.W.2d 553 (1987)

Brian James WESTENDORF, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

February 18, 1987.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Merrell M. Peters, Asst. Atty. Gen., for appellant.

Brian James Westendorf, pro se.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

WOLLE, Justice.

The Iowa Department of Transportation (department) revoked the driver's license of plaintiff Brian Westendorf pursuant to Iowa Code section 321B.16 (1985) (authorizing revocation when a vehicle operator's implied-consent chemical test demonstrates alcohol intoxication). The district court on judicial review reversed the agency decision, holding that a police officer did not have probable cause to stop the vehicle Westendorf was driving and impliedly...

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