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491 N.W.2d 199

State v. Kirschbaum

Court of Appeals of Iowa

Decided August 27, 1992

Court of Appeals of Iowa · decided 1992-08-27

Relies on State v. Dumire

Decided 1992-08-27

SACKETT, Judge

¶1(dissenting).

¶2I dissent. I find the trial court had jurisdiction to enter the orders it entered. The jurisdiction came under Iowa Code section 321J.4(3)(b) which provides that after two years from the date of the order for revocation, the defendant may apply to the court for restoration of the defendant’s eligibility for a motor vehicle license. See State v. Dumire, 443 N.W.2d 338, 339 (Iowa App.1989), where this court held the district court has inherent jurisdiction to issue an order to the Department of Transportation revoking a license. Applying the dictates of Dumire, I find if the district court has power to revoke, it should also have power to reinstate.

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