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← 217 W. Va. 748 - Carroll v. Stump

217 W. Va. 748 - Carroll v. Stump’s Empirical Analysis

2005

Citation profile

16
cited by 16 later decisions
1
states following
November 2017
most recently cited

16 state decisions

Relationships

Relies on Dixon v. Love · 194 W. Va. 138 - Chrystal R.M. v. Charlie A.L. · 159 W. Va. 108 - Smith v. State Workmen's Compensation Commissioner · 135 W. Va. 877 - State v. Epperly · 153 W. Va. 714 - Crockett v. Andrews

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

  1. “... clearly recognized that the two `tracks' of criminal and civil drivers' license-related proceedings that arise out of an incident where a person is accused of DUI are separate ... If the Legislature had wanted to so intertwine the criminal and civil aspects of DUI law as to automatically void related administrative driver's license suspensions when DUI criminal charges are dropped or unproven, the Legislature could have clearly done so—but it did not.”
    2 later decisions quote this exact passage
  2. “(a)(1) The Division of Motor Vehicles shall control and regulate a Motor Vehicle Alcohol Test and Lock Program for persons whose licenses have been revoked pursuant to this article or the provisions of article five [§ 17C-5-1 et seq.] of this chapter or have been convicted under section two [§ 17C-5-2], article five of this chapter. * ‡ (d) Notwithstanding any provision of the code to the contrary, a person shall participate in the program if the person is convicted under section two [§ 17C-5-2], article five of this chapter or the person’s license is revoked under section two [§ 17C-5A-2] of this article or section seven [§ 17C-5-7], article five of this chapter and the person was previously either convicted or his or her license was revoked under any provision cited in this subsection within the past ten years. The minimum revocation period for a person required to participate in the program under this subsection is one year and the minimum period for the use of the ignition interlock device is two years, except that the minimum revocation period for a person required to participate because of a violation of subsection (n), section two of this article or subsection (i), section two, article five of this chapter is two months and the minimum period of participation is one year. The division shall add an additional two months to the minimum period for the use of the ignition interlock device if the offense was committed while a minor was in the vehicle. The division shall add”
    1 later decision quote this exact passage · from the concurrence
  3. “[administrative license revocation proceedings for driving a motor vehicle under the influence of alcohol, controlled substances or drugs which are initiated pursuant to Chapter 17C of the West Virginia Code are proceedings separate and distinct from criminal proceedings arising from driving a motor vehicle under the influence of alcohol, controlled substances or drugs.”
    1 later decision quote this exact passage · from the majority

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.