23 Ohio App. 2d 119 - State v. Hurbean’s Empirical Analysis

Citation profile

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

1. ““All the understanding requisite to a refusal to take the test is an understanding that one has been asked to take a test. One who does not understand he has been asked to take a test cannot, of course, be said to have refused to take a test. Whether one who has been asked to take a test has understood that such a request has been made is a question of fact to be determined by the court from all the evidence. *** But an understanding of the consequences of the refusal to take the test is not an element of understanding that a request to take the test has been made, nor a precondition of refusal.” Hurbean, 23 Ohio App. 2d at 126 , 261 N.E.2d at 297 .”

   1 later decision quote this exact passage
   e.g. People v. Wegielnik

2. ““2. Section 4511.191(F) * * * does not violate the due process clause of the * * * Constitution by permitting suspension of a person’s driver’s license * * *. Proceedings under Section 4511.191(F), Revised Code, are civil and administrative in nature and are intended for the protection of the traveling public, and are independent of any criminal proceedings which may be instituted pursuant to other statutes or ordinances.””

   1 later decision quote this exact passage
   e.g. State v. Uncapher