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GASKEY v. IOWA DEPT. OF TRANSP.

No. 94-514.

537 N.W.2d 695 (1995)

Gary Richard GASKEY, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

September 20, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Mark Hunacek, Assistant Attorney General, for appellant.

David Scieszinski, Wilton, for appellee.

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

ANDREASEN, Justice.

The Iowa Department of Transportation (DOT) revoked the license of Gary Richard Gaskey after he refused to submit to chemical testing under Iowa's implied consent law. The court of appeals affirmed the district court's reversal of the revocation upon a finding that the DOT decision was not supported by substantial evidence. On further review, we vacate the decision of the court of appeals and reverse the ruling of the district court.

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