House Journal: Page 1232: Wednesday, April 5, 2000
32 9. a. a person whose driver's license has either
33 been revoked under this chapter, or revoked or
34 suspended under chapter 321 solely for violations of
35 this chapter, or who has been determined to be a
36 habitual offender under chapter 321 based solely on
37 violations of this chapter or on violations listed in
38 section 321.560, subsection 1, paragraph "b", and who
39 is not eligible for a temporary restricted license
40 under this chapter may petition the court upon the
41 expiration of the minimum period of ineligibility for
42 a temporary restricted license provided for under this
43 section, or section 321J.9, 321J.12, or 321J.20, or
44 321.560, for an order to the department to require the
45 department to issue a temporary restricted license to
46 the person notwithstanding section 321.560.
47 b. The petition shall include a current certified
48 copy of the petitioner's official driving record
49 issued by the department.
50 c. Upon the filing of a petition for a temporary
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1 restricted license under this section, the clerk of
2 the district court in the county where the violation
3 that resulted in the revocation occurred shall send
4 notice of the petition to the department and the
5 prosecuting attorney. The department and the
6 prosecuting attorney shall each be given an
7 opportunity to respond to and request a hearing on the
8 petition.
9 d. The court shall determine if the temporary
10 restricted license is necessary for the person to
11 maintain the person's present employment. However, a
12 temporary restricted license shall not be ordered or
13 issued for a violation of section 321J.2a or to a
14 person under the age of twenty-one whose license is
15 revoked under this section or section 321J.9 or
16 321J.12. If the court determines that the temporary
17 restricted license is necessary for the person to
18 maintain the person's present employment, and that the
19 minimum period of ineligibility for receipt of a
20 temporary license has expired, the court shall order
21 the department to issue to the person a temporary
22 restricted license conditioned upon the person's
23 certification to the court of the installation of
24 approved ignition interlock devices in all motor
25 vehicles that it is necessary for the person to
26 operate to maintain the person's present employment.
27 e. Section 321.561 does not apply to a person
28 operating a motor vehicle in the manner permitted
29 under this subsection.
30 f. If the person operates a motor vehicle which
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