177 W. Va. 507 - In Re Matherly’s Empirical Analysis
1987
Citation profile
11 state decisions
How this case has been cited
Cited by 11 later decisions — most recently September 2015
11 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 161 W. Va. 750 - Jordan v. Roberts · State Department of Highways v. Normandin · 80 Wash. 2d 624 - State Department of Motor Vehicles v. McElwain · 159 W. Va. 167 - State v. Bailey · Garcia v. Department of Motor Vehicles
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.
““When the requirements of W.Va. Code, 17C-5-7 [1983] have otherwise been met, and a driver refuses to or fails otherwise to respond either affirmatively or negatively to an officer’s request that he submit to a blood alcohol content test, the driver’s refusal or failure to respond is a refusal to submit within the meaning of W.Va.Code, 17C-5-7 [1983].””
2 later decisions quote this exact passage““Where the request is made to take the ultimately designated test under the implied consent law and the licensee by his conduct or words manifests a reluctance to take the test or qualifies his assent to take the test on factors that are extraneous to the procedures surrounding the test, proof of refusal is sufficiently established.””
1 later decision quote this exact passage“driver's raising of the 'too upset to understand' defense is tantamount to a claim that, while he was so emotionally upset that he could not intelligently respond to an officer's request to submit to a test, he took it upon himself to endanger the lives and limbs of the rest of us by driving a car.”
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.