Text: HF02355 Text: HF02357 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.13, subsection 6, paragraph c, 1 2 Code Supplement 1999, is amended to read as follows: 1 3 c.Such aAny holding by the court in the criminal action 1 4ison the charge of violation of section 321J.2 or 321J.2A 1 5 resulting from the same circumstances that resulted in the 1 6 administrative revocation shall be binding on the department,1 7and the. 1 8 d. The department shall rescind the revocation in the 1 9 following circumstances: 1 10 (1) When the court ruling concludes that the defendant 1 11 shall prevail as provided in paragraph "b". 1 12 (2) When the defendant is acquitted on the charge of 1 13 violation of section 321J.2 or 321J.2A resulting from the same 1 14 circumstances that resulted in the administrative revocation. 1 15 (3) When the case is otherwise dismissed by the court. 1 16 (4) When the rulings by the court in the criminal action 1 17 on the charge of violation of section 321J.2 or 321J.2A 1 18 resulting from the same circumstances that resulted in the 1 19 administrative revocation otherwise support recision of the 1 20 revocation. 1 21 EXPLANATION 1 22 This bill amends Code section 321J.13, relating to recision 1 23 of an administrative revocation of a driver's license for an 1 24 operating while intoxicated (OWI) offense. 1 25 The bill specifies that all court decisions in the criminal 1 26 action arising out of the same circumstances that led to the 1 27 administrative license revocation shall be binding upon the 1 28 department. The bill also specifies that the department shall 1 29 rescind the revocation where the court determines that the 1 30 stop was unreasonable or the chemical test was invalid or 1 31 inadmissible, when the defendant is acquitted or the case is 1 32 otherwise dismissed by the court, or when the court rulings 1 33 otherwise support recision of the revocation. 1 34 LSB 5284YH 78 1 35 jj/as/5.2
Text: HF02355 Text: HF02357 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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