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NICHOLSON v. KILLENS

No. 937SC969.

445 S.E.2d 608 (1994)

Wadell NICHOLSON, Petitioner/Appellee, v. Alexander KILLENS, Commissioner, North Carolina Division of Motor Vehicles, Respondent/Appellant.

Court of Appeals of North Carolina.

July 19, 1994.

Attorney(s) appearing for the Case

Moore, Diedrick, Carlisle & Hester by Lawrence G. Diedrick, Rocky Mount, for petitioner-appellee.

Atty. Gen., Michael F. Easley by Asst. Atty. Gen., Bryan E. Beatty, Raleigh, for respondent-appellant.

EAGLES, Judge.

In its sole assignment of error, respondent argues that the trial court erred in ordering a rescission of the revocation of petitioner's license because petitioner was properly advised of his rights under G.S. 20-16.2(a). After careful review, we disagree and affirm.

G.S. 20-16.2 provides:

(a) Basis for Charging Officer to Require Chemical Analysis; Notification of Rights.—.... Except as provided in this subsection...

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