202 N.C. App. 133 - Lee v. Gore’s Empirical Analysis
2010
Citation profile
2
cited by 2 later decisions
1
states following
August 2011
most recently cited
2 state decisions
Relationships
Relies on Matter of Banks · Domestic Electric Service, Inc. v. City of Rocky Mount · 83 N.C. App. 61 - Carter v. Wilson Const. Co., Inc. · 116 N.C. App. 473 - Nicholson v. Killens
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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(c) Request to Submit to Chemical Analysis.A law enforcement officer or chemical analyst shall designate the type of test or tests to be given and may request the person charged to submit to the type of chemical analysis designated. If the person charged willfully refuses to submit to that chemical analysis, none may be given under the provisions of this section, but the refusal does not preclude testing under other applicable procedures of law. (c1) Procedure for Reporting Results and Refusal to Division.Whenever a person refuses to submit to a chemical analysis. . . the law enforcement officer and the chemical analyst shall without unnecessary delay go before an official authorized to administer oaths and execute an affidavit(s) stating []: . . . . (5) The results of any tests given or that the person willfully refused to submit to a chemical analysis. The officer shall immediately mail the affidavit(s) to the Division. If the officer is also the chemical analyst who has notified the person of the rights under subsection (a), the officer may perform alone the duties of this subsection. (d) Consequences of Refusal; Right to Hearing before Division; Issues. Upon receipt of a properly executed affidavit required by subsection (c1), the Division shall expeditiously notify the person charged that the person's license to drive is revoked for 12 months, effective on the tenth calendar day after the mailing of the revocation order unless, before the effective date of the order, ”
1 later decision quote this exact passage“However, the uncontroverted testimony of Officer Ratliff before Hearing Officer Snow was that Officer Ratliff never marked any box associated with section fourteen on the affidavit before he made his affirmation to the magistrate and executed the affidavit. Officer Ratliff was asked at the hearing:”
1 later decision quote this exact passage“on a form DHHS 3908 at 12:47 a.m. on 23 August 2007. Officer Ratliff testified he then went to a magistrate to execute an affidavit concerning Petitioner's refusal to submit to a chemical analysis. Form DHHS 3907, titled”
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.