GINSBERG v. IOWA DEPT. OF TRANSP., MVD

No. 93-22.

508 N.W.2d 663 (1993)

John David GINSBERG, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

November 24, 1993.


Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., and Stephen E. Reno, Asst. Atty. Gen., for appellant.

Dean Stowers, Rosenberg Law Firm, Des Moines, for appellee.

Considered by HARRIS, P.J., and CARTER, LAVORATO, SNELL, and TERNUS, JJ.


PER CURIAM.

The department of transportation appeals from a district court decision overturning the agency's decision to revoke John D. Ginsberg's license. We affirm.

When Ginsberg was arrested for operating while intoxicated, the arresting officers requested that he submit to a breath test at the police station. After telephoning his attorney, he said that he wanted to take a blood or urine test.

The officers asked if he was refusing to take the breath...

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