206 W. Va. 429 - In Re Burks’s Empirical Analysis
1999
Citation profile
22 state decisions
How this case has been cited
Cited by 22 later decisions — most recently May 2018
22 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 158 W. Va. 427 - Sprouse v. Clay Communication, Inc. · Rosier v. Garron, Inc. · Rosier v. Garron, Inc. · 173 W. Va. 443 - Dolin v. Roberts · 202 W. Va. 599 - Coll v. Cline
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[a] law enforcement officer's failure to strictly comply with the DUI arrest reporting time requirements of W. Va.Code, 17C-5A-1(b) [1994] is not a bar or impediment to the commissioner of the Division of Motor Vehicles taking administrative action based on the arrest report, unless there is actual prejudice to the driver as a result of such failure.”
4 later decisions quote this exact passage“that technical and nonprejudicial noncompliance with reporting time requirements that are imposed on a law enforcement officer [is] not a jurisdictional impediment to the DMV taking action regarding a license suspension.”
2 later decisions quote this exact passage“that the 48-hour reporting duty in W.Va. Code § 17C-5A-1(b) [1994] is directed to and imposed on the arresting officer, and not on the [Commissioner].”
2 later decisions 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.