SHORT v. DEPT. OF TRANSP., MVD

No. 88-1888.

447 N.W.2d 576 (1989)

Michael Edward SHORT, Jr., Petitioner-Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Respondent-Appellant.

Court of Appeals of Iowa.

August 23, 1989.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., and Carolyn J. Olson, Asst. Atty. Gen., for respondent-appellant.

Joel W. Bittner of Bittner & Gault, Des Moines, for petitioner-appellee.

Considered by OXBERGER, C.J., and HAYDEN and HABHAB, JJ.


HAYDEN, Judge.

Respondent Iowa Department of Transportation appeals the decision of the district court which overturned respondent's revocation of petitioner's driver's license.

Petitioner Michael Edward Short, Jr., was involved in a motor vehicle accident at approximately 12:19 a.m. on December 5, 1987. At approximately 12:50 a.m. a preliminary breath screening test was administered to Mr. Short after he failed field sobriety tests. The breath test indicated...

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