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SCOTT v. IOWA DOT, MOTOR VEHICLE DIV.

No. 98-1741.

604 N.W.2d 617 (2000)

William Gaines SCOTT, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

January 20, 2000.

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.

Jonathan M. Kimple of the Kimple Law Firm, Dallas Center, for appellee.

Considered by LARSON, P.J., LAVORATO, SNELL, TERNUS, and CADY, JJ.

TERNUS, Justice.

I. The appellee, William Scott, was arrested for operating while intoxicated. See Iowa Code § 321J.2 (1997) (defining the offense of operating while intoxicated as operating a motor vehicle "[w]hile having an alcohol concentration as defined in section 321J.1 of .10 or more"). Scott consented to a breath test, which produced a test result of .106. Based on this test, the appellant, the Iowa...

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