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IOWA DOT v. DIST. COURT FOR LINN COUNTY

No. 97-973.

586 N.W.2d 374 (1998)

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

Supreme Court of Iowa.

November 25, 1998.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attorney General, and Kerry Anderson, Assistant Attorney General, for plaintiff.

Ahmet S. Gonlubol, Assistant Public Defender, Cedar Rapids, for defendant.

Considered en banc.

McGIVERIN, Chief Justice.

In this original certiorari action involving consolidated cases, the question is whether the district court acted illegally in refusing to revoke the driver's licenses of four defendants, following their conviction for possession of a controlled substance, as required by 1996 Iowa Acts chapter 1218, section 68 (hereinafter referred to as section 68), now codified at Iowa Code section 901.5(10) (1997). The district court, which is the nominal...

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