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DOT v. DIST. CT. FOR BREMER COUNTY

No. 94-477.

534 N.W.2d 457 (1995)

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

Supreme Court of Iowa.

July 19, 1995.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen., David A. Ferree, Sp. Asst. Atty. Gen., and Mark Hunacek, Asst. Atty. Gen., for plaintiff.

No appearance for defendant.

Considered en banc.

TERNUS, Justice.

Does a district court have authority in a criminal case to enter an order that in effect prohibits the revocation of the defendant's driver's license by the Iowa Department of Transportation (DOT)? We think it does not. Therefore, we sustain the DOT's petition for writ of certiorari challenging the legality of the district court's order doing so here.

I. Background Facts and Proceedings.

On May 22, 1993, Garry Lee Schumacher...

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