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NOYES v. PETERS

No. 783SC499.

253 S.E.2d 584 (1979)

40 N.C. App. 763

Alfred Prescott NOYES v. Elbert L. PETERS, Jr.

Court of Appeals of North Carolina.

April 17, 1979.

Attorney(s) appearing for the Case

Mason & Phillips, P.A., by L. Patten Mason, Morehead City, for petitioner-appellant.

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., William B. Ray and Deputy Atty. Gen., William W. Melvin, Raleigh, for respondent-appellee.

ARNOLD, Judge.

Petitioner correctly maintains that a plea of nolo contendere in a criminal action cannot be an admission of guilt in additional proceedings. He is also correct in arguing Winesett v. Scheidt, Comr. of Motor Vehicles, 239 N.C. 190, 79 S.E.2d 501 (1954), for the proposition that where the Division has discretion under G.S. 20-16 to suspend driving privileges the Division cannot...

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