Benning v. Iowa Department of Transportation

CARTER, Justice.

Petitioner for judicial review, Irvin Frank Benning, has appealed from an order of the district court upholding the action of the respondent, Iowa Department of Transportation, revoking his privileges to operate a motor vehicle. The agency ordered the revocation pursuant to Iowa Code section 321J.9 (1987) based on a certification that petitioner had refused to take a chemical test in violation of the implied consent statutes. Petitioner requested an administrative hearing pursuant to Iowa Code section 321 J.13 (1987) to contest the revocation. This resulted in a final agency…