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LUDTKE v. IOWA DEPT. OF TRANSP.

No. 00-1805.

646 N.W.2d 62 (2002)

William Eugene LUDTKE, Appellee, v. IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, Appellant.

Supreme Court of Iowa.

Rehearing Denied July 1, 2002.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, David A. Ferree, Special Assistant Attroney General, and Mark Hunacek, Assistant Attorney General, for appellant.

John O. Moeller, Davenport, for appellee.

LAVORATO, Chief Justice.

The Iowa Department of Transportation (IDOT) appeals from a district court ruling on judicial review reversing an IDOT order revoking the driver's license of William Eugene Ludtke. The sole issue on appeal is whether under the circumstances the arresting officer could lawfully request a second breath test sample. The IDOT held he could, but the district court reversed. Because we disagree with the...

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