Nicholson v. Killens

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. — . . . .

Except as provided in this subsection or subsection (b), before any type of chemical analysis is administered the person charged must be taken…