State v. Muzzy’s Empirical Analysis

Citation profile

45 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘ ‘ (a) Any person who drives a motor vehicle upon a highway shall be deemed to have given his consent to a chemical test of his blood, breath or urine for the purpose of determining the alcoholic content of his blood if lawfully arrested for any offense allegedly committed while the person was driving a motor vehicle under the influence of intoxicating liquor. The test shall be incidental to a lawful arrest and administered at the direction of a peace officer having reasonable cause to believe such person was driving a motor vehicle upon a highway while under the influence of intoxicating liquor. Such person shall be told that his failure to submit to such a chemical test will result in the suspension of his privilege to operate a motor vehicle for a period of six months. ‘ ‘ The person arrested shall have the choice of whether the test shall be of his blood, breath or urine. “Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn his consent and such tests may be administered whether or not such person is told that his failure to submit to the test will result in the of his to a motor vehicle. “(b) If any such person refuses the officer’s request to submit to a chemical test, the department, upon receipt of the officer’s sworn statement that he had reasonable cause to believe such person had been driving a motor vehicle upon a highway while under the influence of intoxicating liquor and that ”

   2 later decisions quote this exact passage
   e.g. 264 Cal. App. 2d 52 - August v. Department of Motor Vehicles · McGarry v. Costello

2. ““The legislature has the full authority to prescribe the conditions upon which licenses to operate motor vehicles are issued and to designate the agency through which and conditions upon which licenses when issued shall be suspended or revoked. The right of a citizen to operate a motor vehicle upon the highways of this state is not a natural or unrestricted right, but a privilege which is subject to reasonable regulation under the police power of the state in the interest of public safety and welfare. * * * “The proceeding to determine or review the suspension or revocation of a driver’s license for refusal to submit to a chemical test is a civil and administrative proceeding. It is separate and distinct from a criminal action on a charge of driving while under the influence of intoxicating liquor or drugs. * * # Effectual revocation is not dependent upon conviction of the criminal charge related to the suggested test. * * * The purpose of the suspension or revocation is to protect the public and not to punish the licensee. * * *””

   1 later decision quote this exact passage
   e.g. State v. Starnes

3. ““If the person refuses to submit to a chemical test, it shall not, be.given. If the person is charged with a violation of the vehicle laws and upon arraignment enters a plea of not guilty, the court at the arraignment or as soon thereafter as is practicable shall hold a summary hearing, and take evidence relating to the reasonableness of the officer’s belief that the respondent was operating a vehicle under the influence of intoxicating liquor or drugs. Upon a finding by the court that the officer has sufficient reason to believe'that the respondent was so operating the respondent’s operator’s license or nonresident operating. privilege- or the privilege of an unlicensed operator to operate a motor vehicle shall be suspended for a period of six months and the respondent shall deliver his operator’s license, if any, to the court and the court shall forward it forthwith to the commissioner of motor vehicles.””

   1 later decision quote this exact passage
   e.g. State v. DISTRICT COURT OF VT. UNIT NO. 1, RUTLAND CIR.