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Plager v. Iowa Dept. Of Transp.

8/27/2003

testimony over the statements of the other witnesses, finding his testimony more credible. We are not at liberty to reassess the weight accorded the evidence. See Burns, 495 N.W.2d at 699. We also are not free to reevaluate credibility determinations made by the agency. See Benning v. Iowa Dept. of Transp., 441 N.W.2d 372, 373 (Iowa 1989). The district court made the following observations in concluding that the agency's decision is supported by substantial evidence: Petitioner was operating a motor vehicle at the speed of 71 miles per hour in a 55 mile per hour zone. Upon being stopped by the officer, the officer detected a strong odor of alcohol, slurred speech, difficulty producing his registration and insurance documents, and poor balance. Petitioner admitted having consumed alcohol and failed all field sobriety tests. Plager is critical of the district court for relying on the results of field sobriety tests specifically rejected by the agency. The record reveals the agency discounted the results of the three field sobriety tests which Plager performed before his arrest. Even if this evidence is not considered, we conclude the remaining evidence clearly satisfies the reasonable grounds test. Ramsey v. Iowa Dept. of Transp., 576 N.W.2d at 107. AFFIRMED.

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