NICHOLSON v. KILLENS

No. 937SC969.

448 S.E.2d 542 (1994)

116 N.C. App. 473

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

Court of Appeals of North Carolina.

October 4, 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 this civil proceeding in ordering a rescission of the DMV order of revocation of petitioner's license because respondent contends 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.—...

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