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TRIPP v. IOWA DEPT. OF TRANSP., MVD

No. 90-1087.

474 N.W.2d 812 (1991)

Gary Arlis TRIPP, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Court of Appeals of Iowa.

June 25, 1991.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Merrell M. Peters, Acting Special Asst. Atty. Gen., and Carolyn Olson, Asst. Atty. Gen., for appellant.

Richard D. Crotty, Council Bluffs, for appellee.

Considered by OXBERGER, C.J., and DONIELSON and SCHLEGEL, JJ.

DONIELSON, Judge.

The Department of Transportation (DOT) revoked Gary Tripp's driver's license after Tripp was arrested for operating while under the influence (OWI). However, in a criminal prosecution for OWI arising from the same incident, the district court found Tripp not guilty because it was not convinced that Tripp had been driving just prior to the arrest. Tripp sought to reopen the agency hearing in an effort to rescind the license revocation. The DOT refused...

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