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DEPT. OF TRANSP. v. DIST. COURT

No. 94-625.

528 N.W.2d 517 (1995)

IOWA DEPARTMENT OF TRANSPORTATION, Plaintiff, v. IOWA DISTRICT COURT FOR MADISON COUNTY, Defendant.

Supreme Court of Iowa.

March 29, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., David Ferree, Gen. Counsel, and Carolyn J. Olson, Asst. Atty. Gen., for plaintiff.

G. Stephen Walters of Jordan, Oliver & Walters, Winterset, for defendant.

Considered by LARSON, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

PER CURIAM.

The district court adjudicated John Sellers an habitual offender after he accumulated three operating-while-intoxicated (OWI) offenses in a six-year period in violation of Iowa Code section 321.555(1) (1991). The court later granted Sellers' application for restoration of eligibility for a motor vehicle license pursuant to section 321J.4(3)(b). The Department of Transportation (DOT) brought this certiorari action challenging the district court's order...

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