Nicholson v. Killens’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(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 before a chemical analyst authorized to administer a test of a person’s breath, who must inform the person orally and also give the person a notice in writing that: (1) He has a right to refuse to be tested. (2) Refusal to take any required test or tests will result in an immediate revocation of his driving privilege for at least 10 days and an additional 12-month revocation by the Division of Motor Vehicles. (3) The test results, or the fact of his refusal, will be admissible in evidence at trial on the offense charged. (4) His driving privilege will be revoked immediately for at least 10 days if: a. The test reveals an alcohol concentration of 0.08 or more; or b. He was driving a commercial motor vehicle and the test reveals an alcohol concentration of 0.04 or more. (5) He may have a qualified person of his own choosing administer a chemical test or tests in addition to any test administered at the direction of the charging officer. (6) He has the right to call an attorney and select a witness to view for him the testing procedures, but the testing may not be delayed for these purposes longer than 30 minutes from the time he is notified of his rights.”

   1 later decision quote this exact passage
   e.g. 116 N.C. App. 473 - Nicholson v. Killens