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

I respectfully dissent from the analysis and result reached by the majority. I believe the district court had jurisdictional authority to hear the defendants’ cases which sought the restoration of their motor vehicle driving privileges. Therefore, I would annul the writ of certiorari by which the Iowa Department of Transportation challenges that authority and remand the cases to the district court for further proceedings.

The majority’s analysis is flawed on several counts. It engages not in statutory construction but in statutory reconstruction. Iowa Code section 321J.4(3)(b) (1995), since…