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DOT v. IOWA DIST. CT. FOR POLK COUNTY

No. 97-1168.

588 N.W.2d 102 (1998)

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

Supreme Court of Iowa.

December 23, 1998.

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 plaintiff.

Robert Rigg, Des Moines, and Gregory S. Bailey, Student Legal Intern, for defendant.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and CADY, JJ.

LAVORATO, Justice.

The Iowa Department of Transportation (IDOT) has brought a certiorari action challenging the district court's order in a criminal proceeding that substituted community services in lieu of a civil penalty imposed by the IDOT. We sustain the writ of certiorari.

Larry Cheely had three convictions for operating while intoxicated (OWI). Pursuant to Iowa Code section 321J.17 (1995), the IDOT assessed against him a civil penalty in the amount of...

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