State v. Rivera

Defendant was accused of prohibited passing in violation of section 321.304(3), Code, 1966, in that he “did overtake and pass another motor vehicle where yellow line and sign were so placed to prohibit same contrary to the statutes.” He moved to dismiss on the ground that section 321.304(3) constitutes an unconstitutional delegation of power. The court sustained the motion. The State appeals. The pertinent Code sections are:

“321.304. Prohibited passing. No vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the…