228 W. Va. 797 - White v. Miller’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[u]pon a challenge by the driver of a motor vehicle to the admission in evidence of the results of the horizontal gaze nystagmus test, the police officer who administered the test, if asked, should be prepared to give testimony concerning whether he or she was properly trained in conducting the test, and assessing the results, in accordance with the protocol sanctioned by the National Highway Traffic Safety Administration and whether, and in what manner, he or she complied with that training in administering the test to the driver.”

   2 later decisions quote this exact passage · from the dissent
   e.g. Dale v. Oakland · 231 W. Va. 628 - Steven O. Dale, Acting Comm. DMV v. Donna L. McCormick

2. “A driver’s license to operate a motor vehicle in this State cannot be administratively revoked solely and exclusively on the results of the driver’s horizontal gaze nystagmus test. Rather, additional evidence in conjunction with the horizontal gaze nystagmus test is required for revocation: for example, the results of other field sobriety tests; the results of a secondary chemical test; whether the vehicle was weaving on the highway; whether the driver admitted consuming an alcoholic beverage; whether the driver exhibited glassy eyes or slurred speech;. and/or whether the odor of an alcoholic beverage was detected.”

   1 later decision quote this exact passage · from the dissent
   e.g. Patricia S. Reed, Comm., W. Va. DMV v. Jeffrey Hill

3. “) driver's license for driving under the influence of alcohol (”

   1 later decision quote this exact passage
   e.g. Pat Reed, Commissioner of the WV DMV v. Joseph M. Winesburg