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

The plaintiff, the Iowa Department of Transportation, has filed a petition for writ of certiorari challenging the district court’s orders permitting the early restoration of driving privileges pursuant to Iowa Code section 321J.4(3)(b) (1995). The department claims that the district court lacked authority to order such a restoration where the licensee had refused chemical testing under Iowa Code chapter 321J during the revocation period. We sustain the writ.

In April 1991, Joey Espeland was convicted of operating while intoxicated as a third offense in violation of Iowa Code section 321J.2. On…