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← 216 Neb. 253 - Hoyle v. Peterson

Hoyle v. Peterson’s Empirical Analysis

1984

Citation profile

36
cited by 36 later decisions
7
states following
August 2011
most recently cited

36 state decisions

How this case has been cited

Cited by 36 later decisions — most recently August 2011 · most notably Kuntz v. State Highway Commissioner (1987), Johnson v. Division of Motor Vehicles (1985)

36 state decisions

2401984199020002010decided

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 264 Cal. App. 2d 867 - Zidell v. Bright · 109 N.J. Super. 1 - State v. Pandoli · Wiseman v. Sullivan · Harlan v. State · State v. Palmer

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

  1. “A refusal to grant a motorist’s request to contact an attorney before consenting to a test under the Nebraska implied consent law affords no reasonable ground for refusing to submit to the test. [Citations omitted.] A driver is not entitled to consult with a lawyer before taking a test, nor is the test required to be delayed by a driver’s request that he be permitted to contact a lawyer concerning the test requested by the arresting officer.”
    2 later decisions quote this exact passage
  2. “There are several factors militating against the argument for additional time to allow a driver’s subsequent offer to take the test. As time elapses between arrest and the test, the reliability and accuracy of the test diminishes. The time element may require involvement of an expert to extrapolate information derived from a delayed test. This tends to unnecessarily compound or complicate matters of evidence. Also, permitting a delayed test at the subsequent offer of the motorist would require officers to wait and see if there was a change of mind by the refusing motorist, and would require officers to forego other responsibilities in order to arrange the belated test — all contrary to the clear intent behind the implied consent law that the test be submitted and completed expeditiously-”
    1 later decision quote this exact passage
  3. “"In any event, the request for consultation with counsel necessarily involved a delay in administration of the test. Having in mind the remedial purpose of the statute, and the rapidity with which the passage of time and the physiological processes tend to eliminate evidence of ingested alcohol in the system, it is sensible to construe the statute to mean that anything substantially short of an unqualified, unequivocal assent to an officer's request that the arrested motorist take the test constitutes a refusal to do so. See Ent v. State, Department of Motor Vehicles, supra [ 265 Cal.App.2d 936 , 71 Cal.Rptr. 726 (Ct.App.1968)]. The occasion is not one for debate, maneuver or negotiation, but rather for a simple `yes' or `no' to the officer's request." 262 A.2d at 42 .”
    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.