State v. Larriva’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Actual Physical Control — Apparent Ability “Actual physical control” means that a defendant has the apparent ability to start and move a vehicle. To be in actual physical control of a motor vehicle, it is not necessary that the motor vehicle be in motion. The defendant may have been in actual physical control by, of [his or her] own choice, sitting behind the wheel and either starting the motor or permitting it to run. Thus, a person may be in actual physical control of a vehicle even though at the time of arrest the vehicle is motionless and the person is asleep or unconscious. However, a person is not in actual physical control if the person pulls completely off the pavement or out of traffic, turns off the engine, and sleeps in the vehicle until becoming sober. If you find the defendant acted in this manner, then you should find the defendant not guilty.”

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

2. “The focus should not be narrowly upon the ... condition of the car when it comes to rest, but upon the status of its occupant and the nature of the authority he or she exerted over the vehicle in arriving at the place from which, by virtue of its inoperability [or other disability], it can no longer move. Where, as here, circumstantial evidence permits a legitimate inference that the car was where it was and was performing as it was because of the defendant’s choice, it follows that the defendant was in actual physical control. To hold otherwise could conceivably allow an intoxicated driver whose vehicle was rendered inoperable in a collision to escape prosecution.”

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