FURRY v. IOWA DEPT. OF TRANSP., MVD

No. 90-94.

464 N.W.2d 869 (1991)

John Jay FURRY, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

January 23, 1991.


Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., Charles J. Krogmeier, Deputy Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Joseph J. Bitter, Dubuque, for appellee.

Max Schott, Des Moines, for amicus curiae, Iowa Civil Liberties Union Foundation.

Considered en banc.


SNELL, Justice.

This appeal by the Iowa Department of Transportation (DOT) arises out of an adverse ruling in a judicial review action. The question here is whether, under Iowa Code section 321J.9 (1989), actual operation of a motor vehicle is a prerequisite to license revocation for chemical test refusal. We conclude that it is and therefore affirm the district court's ruling reversing the DOT's license revocation decision.

The facts are essentially uncontested...

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