215 Or. App. 67 - State v. Kirsch’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(Emphasis added.) As noted previously, petitioner argues that, under that provision, his initial refusal to submit to the breath test precluded Romans from administering the test at any point thereafter, even though petitioner subsequently changed his mind and agreed to take it. In Kirsch , a criminal case, we rejected that argument, holding that "ORS 813.100(2) does not preclude the giving of a breath test in circumstances in which a driver who initially refuses to take a breath test is later invited to reconsider and agrees to take the test.”

   1 later decision quote this exact passage
   e.g. 228 Or. App. 689 - Hays v. DRIVER AND MOTOR VEHICLE SERVICES

2. “" No chemical test of the person's breath or blood shall be given, under subsection (1) of this section, to a person under arrest for driving a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 or of a municipal ordinance, if the person refuses the request of a police officer to submit to the chemical test after the person has been informed of consequences and rights as described under ORS 813.130. "”

   1 later decision quote this exact passage
   e.g. 228 Or. App. 689 - Hays v. DRIVER AND MOTOR VEHICLE SERVICES

3. “if the person refuses the request * * * to submit to the chemical test after the person has been informed of consequences and rights as described under ORS 813.130”

   1 later decision quote this exact passage
   e.g. 228 Or. App. 689 - Hays v. DRIVER AND MOTOR VEHICLE SERVICES