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Supreme Court approves prescription drug defense in license revocation hearings

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March 14th, 2014 by Ric Hanson

The Iowa Supreme Court says drivers can use a “prescription drug defense” in hearings to revoke their driver’s license. Teresa Bearinger drove off the road and hit a mailbox two blocks from her home in Urbandale in May of 2011. She told police she was having trouble with her prescription medication for a nuerological problem. A drug test revealed prescription drugs, but no alcohol in her system.

Iowa law allows drivers to take medications as prescribed by doctors and drive — as long as they don’t take alcohol with them. But the Iowa D-O-T said that “prescription drug defense” does not apply to administrative hearings on license revocations, and revoked Bearinger’s license. The Iowa Supreme Court ruling says the justices do not believe the legislature intended to withhold the prescription-drug defense for an administrative license revocation, and ordered the revocation reversed.

(Radio Iowa)