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DEPT. OF TRANSP. v. DIST. COURT FOR POLK

No. 94-998.

539 N.W.2d 191 (1995)

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

Supreme Court of Iowa.

October 25, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Carolyn J. Olson, Assistant Attorney General, for plaintiff.

Timothy M. Duffy and Jeanne K. Johnson, Des Moines, for defendant.

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

PER CURIAM.

The question in the present case is whether a district court has the authority to modify the driving bar period for a licensed driver who has previously been adjudicated an habitual offender pursuant to Iowa Code section 321.555(1) (1989). We conclude it does not and sustain the Iowa Department of Transportation's (DOT) petition for writ of certiorari challenging the legality of the district court's order.

On April 20, 1990, Scott Tigner was adjudicated...

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