State v. O'Driscoll’s Empirical Analysis

Citation profile

22 state decisions

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.

1. “courts are to examine whether a defendant reasonably would have made a different choice and submitted to a breath test had the officer not made an error in reciting the statement. An immaterial variation from the standard form does not require reversal of a conviction for refusal.”

   2 later decisions quote this exact passage · from the majority
   e.g. State of New Jersey v. Diane Monaco · 443 N.J. Super. 620 - State of New Jersey v. Iris Quintero

2. “To improve enforcement efforts and address the high rate of refusal by motorists who declined to submit to blood-alcohol tests, the Legislature in 1966 enacted the implied consent law, N.J.S.A. 39:4-50.2, and the refusal law, N.J.S.A. 39:4-50.4a.”

   1 later decision quote this exact passage · from the majority
   e.g. 443 N.J. Super. 620 - State of New Jersey v. Iris Quintero

3. “substantive errors that do not adequately inform motorists of the consequences of refusal and would affect a reasonable person's decision-making would be problematic.”

   1 later decision quote this exact passage · from the dissent
   e.g. State of New Jersey v. Diane Monaco