Iowa Department of Transportation v. Iowa District Court for Johnson County

The Iowa Department of Transportation (DOT) brought this certiorari action challenging the district court’s authority to order it to issue applicant a temporary restricted license pursuant to Iowa Code section 321J.4(8) (Supp.1995). We find the district court exceeded its authority and sustain the writ.

I. Background and Proceedings Below.

Crystal Tabor’s driver’s license was revoked on July 22, 1994, upon her failure of implied consent chemical testing. On December 13, 1995, her license was again revoked due to another failure of implied consent chemical testing.

In March 1996 Tabor filed an…