Legal Opinion
Brownsberger v. Department of Transportation, Motor Vehicle Division
Supreme Court of Iowa
Decided September 19, 1990No. 89-1734PublishedCited by 18 opinions
1Opinion of the Court
NEUMAN, Justice.
This is an appeal by the Iowa Department of Transportation (DOT) from a district court order that directed the DOT to rescind its revocation of plaintiff Scott Brownsberger’s driver’s license. The question is whether Iowa Code section 321 J.13(4) (1989), which requires reinstatement under certain circumstances, effectively operates as a statutory exclusionary rule. We conclude that it does and, therefore, affirm the district court.
On January 15, 1989, Scott Brownsber-ger was arrested in Atlantic, Iowa, for operating his vehicle while intoxicated (OWI). Upon his arrest,…
2Cases cited5 opinions
- Severson v. SueppelSupreme Court of Iowa · 1967
- Westendorf v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1987
- Iowa Federation of Labor v. Iowa Department of Job ServiceSupreme Court of Iowa · 1988
- Manders v. Iowa Department of Transportation, Motor Vehicle DivisionSupreme Court of Iowa · 1990
- Morgan v. Iowa Department of Transportation, Motor Vehicle DivisionCourt of Appeals of Iowa · 1988
3Cited by18 opinions
- State v. LussierSupreme Court of Vermont · 2000
- Hass v. NethNebraska Supreme Court · 2003
- Kimber v. Director of RevenueMissouri Court of Appeals · 1991
- Pruitt v. State, Department of Public Safety, Division of Motor VehiclesAlaska Supreme Court · 1992
- State v. TAEGERSupreme Court of Iowa · 2010
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