Pavek v. Moore’s Empirical Analysis
1997
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently March 2022
13 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 Power Fuels, Inc. v. Elkin · Knudson v. Director, North Dakota Department of Transportation · Erickson v. Director, North Dakota Department of Transportation · State v. Steinmetz · City of Grand Forks v. Risser
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.
“On July 29, 1996, North Dakota State Highway Trooper Jim Rist was conducting safety checks for commercial carriers at the Minot scale. Rist was asked to investigate a person’s sobriety by Frank Senn, a civilian inspector. Rist found Pavek in the scale house and Rist stated he detected a strong odor of alcohol from Pavek. Rist asked Pavek to submit to the horizontal gaze nystagmus test and concluded, based on the results of the test, Pavek had been drinking. Rist informed Pavek of the implied consent law and performed an Alco-Sensor test, which Pavek failed. Rist placed Pavek under arrest and noted the time of driving as 5:45 p.m. Rist never saw-Pavek driving. Pavek was transported to the Ward County Sheriffs Office where he submitted to an Intoxilyzer test, which revealed a blood alcohol content (BAC) of .07%, in violation of N.D.C.C. § 39-06.2-10.1. This test was performed at 6:36 p.m. At Pavek’s request, an administrative hearing was held in August of 1996, and Pavek’s commercial driving privileges were suspended for one year. On appeal, the district court reversed the decision of the hearing officer, stating the “report and the decision of the hearing officer are based upon an assumption rather than evidence,” because Rist never saw Pavek actually driving.”
2 later decisions quote this exact passage“A person may not drive or be in actual physical control of any vehicle upon a highway or upon public ór' private areas to which the public has" a right of access for vehicular use in this state' if ,.. [t]hat person has an alcohol-concentration of at least eight one-hundredths of one percent by weight at. the time of the performance of a chemical test within two hours after, the driving or being in actual physical control of a vehicle.”
2 later decisions quote this exact passage“"[W]hether the arresting officer had reasonable grounds to believe the person had been driving or was in actual physical control . . . whether the person was lawfully detained, whether the person was tested in accordance with section 39-06.2-10.2, and whether the test results show the person had an alcohol concentration of at least four one-hundredths of one percent by weight. . . ."”
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.