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Case No. 19-1801

Brianna Blomberg
v.
Iowa Department of Transportation, Motor Vehicle Division

Appellant

Brianna Blomberg

Appellee

Iowa Department of Transportation, Motor Vehicle Division

Attorneys for Appellant

Kendra M. Olson

Attorneys for Appellee

Michelle E. Rabe, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1801
Date Published:
Feb 03, 2021
Summary

            Appeal from the Iowa District Court for Woodbury County, Patrick H. Tott, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (10 pages)

            Brianna Blomberg appeals a revocation of license sanction issued by the Iowa Department of Transportation (IDOT).  Blomberg’s conviction as a habitual offender was not certified to the IDOT until December 2018, almost three years after the actual date of disposition.  This caused a lengthy delay in starting the revocation period, and Blomberg asserts that delay caused her prejudice.  The IDOT acknowledges there was a mistake creating an administrative delay in the sanction period, but it maintains that delay did not prejudice a substantial right of Blomberg.  OPINION HOLDS: We agree with the IDOT that the delay did not prejudice a substantial right.  We also agree that the doctrine of laches cannot operate to bar the revocation.  We affirm the decision of the IDOT upholding the revocation of license sanction. 

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