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PETERSON v. IOWA DEPT. OF TRANSP.

No. 92-1822.

508 N.W.2d 689 (1993)

Douglas Allen PETERSON, Appellant, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellee.

Supreme Court of Iowa.

November 24, 1993.

Attorney(s) appearing for the Case

Edward Bjornstad, Storm Lake, for appellant.

Bonnie J. Campbell, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Kerry Anderson, Asst. Atty. Gen., for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN, and TERNUS, JJ.

NEUMAN, Judge.

The Iowa Department of Transportation temporarily revoked appellant Douglas Peterson's driver's license following his arrest for driving while intoxicated. On appeal, Peterson challenges the department's reliance on the arresting officer's sworn statement—in lieu of live testimony—to uphold the revocation. The agency, and the district court on judicial review, found that the error Peterson now claims was not properly preserved for appeal...

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