Stalls v. Penny

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 investigations by police officers is in order.

“One who is detained by police officers under a charge of driving while under the influence…