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IOWA DEPT. OF TRANSP. v. IOWA DIST. COURT

No. 02-0824.

670 N.W.2d 114 (2003)

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

Supreme Court of Iowa.

October 8, 2003.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, and Mark Hunacek, Assistant Attorney General, for plaintiff.

Dan McClean of McClean Law Office, Dyersville, for defendant.

STREIT, Justice.

Thomas Naber wants the DOT to run his six-year driver's license revocation for his third conviction of OWI concurrently with a prior revocation for refusing a chemical test. The district court ordered the DOT to do so, which Naber claims was a result of a plea agreement with the county attorney. The DOT filed a writ of certiorari, in which it alleges the district court has no authority to make such an order. The defendant contends the district court...

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