169 Ga. App. 679 - Carr v. State’s Empirical Analysis
1984
Citation profile
9 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 2011
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Jackson v. Virginia · Crawford v. State · 106 Ga. App. 756 - Flournoy v. State · 166 Ga. App. 734 - Fuller v. State
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“These charges were not a correct statement of current law but were evidently derived from judicial interpretations of former Code Ann. § 68-1625 (Ga. L. 1953, Nov. Sess., pp. 565, 575), under which it was unlawful for any person under the influence of alcohol to operate any vehicle, without regard to whether it was moving. See e.g., Flournoy v. State, 106 Ga. App. 756 ( 128 SE2d 528 ) (1962). That statute was superseded by Ga. L. 1974, pp. 633, 693, which serves as the basis for the present code section. The former proscription against merely operating a vehicle while under the influence of intoxicating liquor has been replaced by a proscription against driving or being `in actual physical control of any moving vehicle' while under the influence of alcohol or drugs. OCGA § 40-6-391 (a) (Code Ann. § 68A-902).”
1 later decision quote this exact passage“being in actual physical control of a vehicle might be accomplished merely `by sitting therein on a public highway or elsewhere, and while in control and under the steering wheel, starting the motor, under which circumstances being in the actual physical control of the vehicle is a separate offense from the actual driving of the vehicle.'”
1 later decision quote this exact passage“the term `movement' did not necessarily refer to movement of the vehicle itself but could also refer to `acts which engage the machinery of the vehicle, that alone or in sequence will set in motion the motive power of the vehicle.'”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.