Opinion
43920.
ARGUED SEPTEMBER 4, 1968.
DECIDED OCTOBER 17, 1968.
Overweight vehicle. Montgomery Superior Court. Before Judge O'Connor.
Billy L. Evans, for appellant.
Albert D. Mullis, Solicitor General, for appellee.
1. The involuntary driving of a motor vehicle onto State scales pursuant to the provisions of Ga. L. 1960, pp. 1122, 1123 ( Code Ann. § 68-406.2), prior to the enactment of Ga. L. 1968, 1968, p. 193, constitutes a compulsory giving of testimony tending to be self-incriminating, which is violative of the Constitution, Art. I, Sec. I, Par. VI ( Code Ann. § 2-106; Const. of 1945). Aldrich v. State, 220 Ga. 132 ( 137 S.E.2d 463); Hackney v. State, 223 Ga. 802 ( 158 S.E.2d 239).
2. Where the defendant was not advised of his right not to drive onto the scales, his driving thereon at the request of a State Highway Department employee authorized to enforce the provisions of Code Ann. § 68-406.2 was involuntary. Escobedo v. Illinois, 378 U.S. 478 ( 84 SC 1758, 12 L.Ed.2d 977); Miranda v. Arizona, 384 U.S. 436 ( 86 SC 1602, 16 L.Ed.2d 694, 10 ALR3d 974).
3. The State employee's testimony as to the weight of the defendant's truck was, therefore, illegally obtained evidence, which was not admissible against the defendant. Hammock v. State, 1 Ga. App. 126 (2) ( 58 S.E. 66); Johnson v. State, 111 Ga. App. 298, 307 (2) ( 141 S.E.2d 574), and cit. The court erred in admitting said evidence over the defendant's objection and in its judgment overruling the motion for a new trial on the special ground complaining of the admission of said evidence.
Judgment reversed. Eberhardt and Whitman, JJ., concur.