Westendorf v. Iowa Department of Transportation, Motor Vehicle Division

WOLLE, Justice.

The Iowa Department of Transportation (department) revoked the driver’s license of plaintiff Brian Westendorf pursuant to Iowa Code section 321B.16 (1985) (authorizing revocation when a vehicle operator’s implied-consent chemical test demonstrates alcohol intoxication). The district court on judicial review reversed the agency decision, holding that a police officer did not have probable cause to stop the vehicle Westendorf was driving and impliedly holding that the adverse test result should therefore have been excluded from evidence. We disagree with the district court’s use…