SARK v. STATE

FELTON, Chief Judge.

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.