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KRUEGER v. IOWA DEPT. OF TRANSP.

No. 92-536.

493 N.W.2d 844 (1992)

Travis Lee KRUEGER, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

Rehearing Denied January 22, 1993.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for appellant.

Dale E. Goeke of Hagemann, Goeke & Egli, Waverly, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO, and ANDREASEN, JJ.

PER CURIAM.

This is an appeal by the Department of Transportation (DOT) from an adverse ruling on judicial review. The district court held that, pursuant to Iowa Code section 321.210(1)(d) (1991), the word "use" as contained in the statute means that a person must physically use a fictitious driver's license before the DOT may suspend a person's license pursuant to 761 Iowa Administrative Code section 600.13(5). The district court ruled that mere possession is not...

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