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Deppe v. Iowa Dept. of Transp., Motor Vehicle Div.4/10/2002
The Iowa Department of Transportation (IDOT) appeals from the district court's ruling on judicial review holding Charles Deppe, whose license was revoked by the IDOT as a result of a deferred judgment for operating while intoxicated, is eligible to receive a temporary restricted license without installation of an ignition interlock device. Deppe cross-appeals from the district court's ruling sustaining the revocation of his driver's license pursuant to Iowa Code section 321J.4(3) (1999). We affirm.
I. Background Facts and Proceedings.
On February 5, 1999, Deppe was arrested for operating while intoxicated in violation of Iowa Code section 321J.2. The arresting officer requested that Deppe submit to a breath test. Deppe consented and the test revealed a blood alcohol concentration of 0.112. Pursuant to section 321J.12, the officer served Deppe with notice that his privilege to operate a motor vehicle in Iowa would be revoked for a period of 180 days, effective ten days from the date of the notice. Deppe filed an appeal with the IDOT. The revocation was stayed pending the outcome of a hearing before an administrative law judge. The administrative law judge, and the IDOT on administrative appeal, ruled adversely to Deppe and sustained the revocation. The IDOT notified Deppe his license to operate would be revoked effective May 30, 1999.
On May 27, 1999, the district court, in the parallel criminal prosecution for operating while intoxicated, issued an order suppressing chemical test evidence. Deppe filed a Petition to Reopen with the IDOT, citing the suppression of evidence in the criminal case. On June 21, 1999, the IDOT granted the petition and notified Deppe the revocation of his motor vehicle privileges had been rescinded.
On September 13, 1999, Deppe was granted a deferred judgment in the criminal case on his written plea of guilty. On October 4, 1999, the IDOT notified Deppe his license was revoked pursuant to Iowa Code section 321J.4(3) for a period of ninety days, effective ten days following receipt of the notice. The notice was amended to provide for revocation until December 27, 1999, reflecting credit for time served under the prior revocation. On November 8, 1999, Deppe filed a petition for judicial review. The district court sustained Deppe's license revocation pursuant to section 321J.4(3) and determined he was eligible for a temporary restricted license without the installation of an ignition interlock device.
On appeal, the IDOT contends the district court erred in concluding Deppe is eligible for a temporary restricted license without the installation of an ignition interlock device. Deppe cross-appeals from the district court's ruling sustaining the IDOT's revocation under section 321J.4(3).
II. Scope of Review.
Judicial review of the actions of an administrative agency is governed by the standards of Iowa Code section 17A.19. *475 Robbennolt v. Snap-On Tools Corp., 555 N.W.2d 229, 233 (Iowa 1996). The agency's decision is final if it is supported by substantial evidence and is correct in its conclusions of law. Id. We review issues involving the interpretation of a statute for the correction of errors at law. Iowa R.App. P. 6.4; State v. Schultz, 604 N.W.2d 60, 62 (Iowa 1999). We are not bound by the district court's application of legal principles. Schultz, 604 N.W.2d at 62.
III. Discussion.
A. Revocation of Deppe's License.
We begin our analysis with Deppe's contention on cross-appeal that the district court erred by sustaining his driver's license revocation.
Iowa Code section 321J.4(3) provides in pertinent part:
If the court defers judgment pursuant to section 907.3 for a violation of section 321J.2, and if the defendant's driver's license or nonresident operating privilege has not been revoke
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