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← 2001 MT 253 - State v. Peplow

State v. Peplow’s Empirical Analysis

2001

Citation profile

40
cited by 40 later decisions
4
states following
March 2017
most recently cited

40 state decisions

Relationships

Relies on North Carolina v. Alford · Schmerber v. State of California · Ohio v. Johnson · Lynch v. Overholser · Morgan v. United States

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

  1. “whether the tribunal's interpretation of the law is correct.”
    3 later decisions quote this exact passage · from the majority
  2. “(1) It is unlawful and punishable, as provided in 61-8-442, 61-8-714, and 61-8-731 through 61-8-734, for a person who is under the influence of: (a) alcohol to drive or be in actual physical control of a vehicle upon the ways of this state open to the public; (b) a dangerous drug to drive or be in actual physical control of a vehicle within this state; (c) any other drug to drive or be in actual physical control of a vehicle within this state; or (d) alcohol and any dangerous or other drug to drive or be in actual physical control of a vehicle within this state. (3) "Under the influence" means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. (4) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person at the time of a test, as shown by analysis of a sample of the person's blood or breath drawn or taken within a reasonable time after the alleged act, gives rise to the following inferences: (a) If there was at that time an alcohol concentration of 0.04 or less, it may be inferred that the person was not under the influence of alcohol. (b) If there was at that time an alcohol concentration in excess of 0.04 but less than 0.10, that fact may not give rise to any infer”
    1 later decision quote this exact passage · from the majority

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.