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← 1997 ND 224 - Krabseth v. Moore

Krabseth v. Moore’s Empirical Analysis

1997

Citation profile

13
cited by 13 later decisions
1
states following
August 2015
most recently cited

13 state decisions

How this case has been cited

Cited by 13 later decisions — most recently August 2015

13 state decisions

60199720002010decided

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 Schwind v. Director, North Dakota Department of Transportation · Adams County Record v. Greater North Dakota Ass'n · North Dakota Council of School Administrators v. Sinner · Samdahl v. North Dakota Department of Transportation Director · Mini Mart, Inc. v. City of Minot

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

  1. “The writ of mandamus may be issued by the supreme and district courts to any inferior tribunal, corporation, board, or person to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station, or to compel the admission of a party to the use and enjoyment of a right or office to which the party is entitled and from which the party is precluded unlawfully by such inferior tribunal, corporation, board, or person.”
    3 later decisions quote this exact passage
  2. “If a person refuses to submit to testing under section 39-20-01 or 39-20-14, none may be given, but the law enforcement officer shall immediately take possession of the person’s operator’s license if it is then available and shall immediately issue to that person a temporary operator’s permit .... The temporary operator’s permit serves as the director’s official notification to the person of the director’s intent to revoke driving privileges in this state and of the hearing procedures under this chapter. The director, ... shall revoke that person’s license or permit to drive ... subject to the opportunity for a prerev-ocation hearing and post-revocation review as provided in this chapter. In the revocation of the person’s operator’s license the director shall give credit for time in which the person was without an operator’s license after the day of the person’s refusal to submit to the test except that the director may not give credit for time in which the person retained driving privileges through a temporary operator’s permit issued under this section or section 39-20-03.2_ (Emphasis added.)”
    2 later decisions quote this exact passage
  3. “the Legislature provided no remedy for an officer failing to immediately issue a temporary operator's permit....”
    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.