Krueger v. Fulton

*876MOORE, Justice.

The commissioner of public safety has appealed from an order of the district court vacating the revocation for 120 days of the driver’s license of plaintiff, Kenneth Francis Krueger, because of his refusal to submit to a chemical test under chapter 321B, Code, 1966, frequently called the Implied Consent Law.

The court at the close of the trial found plaintiff, following his arrest for operating a motor vehicle while intoxicated, had refused to take a chemical test but because of a subsequent demand by plaintiff’s attorney such a test be made, the commissioner had no right to…