STALLS v. PENNY

No. 824SC400.

302 S.E.2d 912 (1983)

Reginald G. STALLS v. J.M. PENNY, Acting Commissioner of Motor Vehicles.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Brock, Foy & Proctor by Jimmie C. Proctor, Trenton, for petitioner-appellee.

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Jane P. Gray, Raleigh, for respondent-appellant.


PHILLIPS, Judge.

In reversing the order suspending petitioner's driving privileges, the trial judge concluded that petitioner's arrest was unconstitutional for the reason that his statement that he was driving the car was elicited by the officer before he was advised of his Miranda rights. The propriety of this conclusion is the decisive question presented by this appeal. Before addressing it, a recital of some of the legal principles that apply to accident...

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