Iowa Admin. Code r. 761-615.17

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 761-615.17 - Suspension for a serious violation

(1) The department may suspend a person's license when the person has committed a serious violation of the motor vehicle laws.

(2) "Serious violation" means that:

a. The person's conviction for a moving violation was accompanied by a written report from the arresting officer, the prosecuting attorney or the court indicating that the violation was unusually serious. The suspension period shall be at least 60 days.

b. The person was convicted of a moving violation which contributed to a fatal motor vehicle accident. The suspension period shall be at least 120 days.

c. The person was convicted for speeding 25 miles per hour (mph) or more above the legal limit. The minimum suspension period shall be as follows unless reduced by a driver's license hearing officer based on mitigating circumstances:

25 mph over the legal limit	60 days
26 mph over the legal limit	65 days
27 mph over the legal limit	70 days
28 mph over the legal limit	75 days
29 mph over the legal limit	80 days
30 mph over the legal limit	90 days
31 mph over the legal limit	100 days
32 mph over the legal limit	110 days
33 mph over the legal limit	120 days
34 mph over the legal limit	130 days
35 mph over the legal limit	140 days
36 mph over the legal limit	150 days
37 mph over the legal limit	160 days
38 mph over the legal limit	170 days
39 mph over the legal limit	180 days
40 mph over the legal limit	190 days
41 mph over the legal limit	210 days
42 mph over the legal limit	230 days
43 mph over the legal limit	250 days
44 mph over the legal limit	270 days
45 mph over the legal limit	290 days
46 mph over the legal limit	310 days
47 mph over the legal limit	330 days
48 mph over the legal limit	350 days
49 mph or more over the legal limit	one year

d. The person was convicted of violating Iowa Code section 321.372(3) or a similar ordinance of any political subdivision. The suspension period shall be:

(1) 30 days for a first conviction unless otherwise provided in subparagraph 615.43(1) "a"(4).

(2) 90 days for a second conviction.

(3) 180 days for a third or subsequent conviction.

e. The person was convicted of violating Iowa Code section 321.323A or a similar ordinance of any political subdivision. The suspension period shall be:

(1) 90 days for a violation causing property damage only to the property of another person.

(2) 180 days for a violation causing bodily injury to another person.

(3) One year for a violation causing death.

This rule is intended to implement Iowa Code sections 321.210, 321.323A, 321.372 and 321.491.

Iowa Admin. Code r. 761-615.17

ARC 0250C, IAB 8/8/12, effective 9/12/12; ARC 0309C, IAB 9/5/12, effective 8/15/12

Amended by IAB November 7, 2018/Volume XLI, Number 10, effective 12/12/2018

Amended by IAB November 6, 2019/Volume XLII, Number 10, effective 12/11/2019

Amended by IAB April 8, 2020/Volume XLII, Number 21, effective 5/13/2020