State v. Huntley

ORDER WITHDRAWING ORIGINAL OPINION, SUBSTITUTING SUBSEQUENT OPINION, AND DE- . NYING PETITION FOR REHEARING

Opinion No. 25428, filed March 11, 2002, is hereby withdrawn and the following opinion is substituted. After careful consideration, the Petition for Rehearing is denied.

*3/s/ Jean H. Toal, C.J. /s/ James E. Moore, J. /s/ John H. Waller, Jr., J. /s/ E.C. Burnett, III, J.

I would grant the petition to the extent it raises issues related to my dissent.

/s/Costa M. Pleicones, J. BURNETT, Justice:

On May 27, 2000, Respondent James Eugene Huntley (Huntley) was arrested for driving under the…