· 11/25/1987
Downing v. Iowa Department of Transportation
Citations
- 415 N.W.2d 625
- 1987 Iowa Sup. LEXIS 1335
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding section 321B.13, providing an officer “shall” issue a temporary license, was directory because the duty was not essential to the main purpose of the statute, which was to promote public safety
- noting the legislative goal of removing dangerous drivers “can still be attained when the issuance of a temporary license is delayed”
- “[P]rejudice is proven only by showing a reasonable probability that the alleged error affected the outcome of the case. A reasonable probability is one sufficient to undermine confidence in the outcome.”
- removing dangerous, intoxicated drivers is main legislative goal
Source: CourtListener parenthetical corpus (CC0).
Judges: Harris, Larson, Schultz, Lavorato, Neuman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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