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BROWNSBERGER v. DEPT. OF TRANSP., MVD

No. 89-1734.

460 N.W.2d 449 (1990)

Scott W. BROWNSBERGER, Appellee, v. DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

September 19, 1990.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Acting Deputy Atty. Gen., and Carolyn Olson, Asst. Atty. Gen., for appellant.

Terrance G. Rutherford and John Mitchell Trewet of Howard, Rutherford & Mailander, Atlantic, for appellee.

Considered by McGIVERIN, C.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.

NEUMAN, Justice.

This is an appeal by the Iowa Department of Transportation (DOT) from a district court order that directed the DOT to rescind its revocation of plaintiff Scott Brownsberger's driver's license. The question is whether Iowa Code section 321J.13(4) (1989), which requires reinstatement under certain circumstances, effectively operates as a statutory exclusionary rule. We conclude that it does and, therefore...

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