249 N.C. App. 516 - State v. Lindsey’s Empirical Analysis

Citation profile

1 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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the Court of Appeals abandoned the restraint required by the standard of review and demonstrated in its decisions in Townsend , Overocker , Lindsey , and Sewell , " its decision in this case should be reversed. In urging us to uphold the Court of Appeals' decision in this case, the State argues that the Court of Appeals' determination that the probable cause necessary to support defendant's arrest was present in this case did not rest solely upon the trial courts' findings that Officer Anderson detected an odor of alcohol emanating from defendant. Instead, the State contends that the Court of Appeals' decision rested upon findings of fact about [d]efendant driving the vehicle, a disturbance inside the vehicle as it approached the checkpoint, an odor of alcohol coming from the vehicle, an open box of alcoholic beverages in the vehicle, a moderate odor of alcohol coming from defendant's person, an admission by defendant of drinking three [ ] beers previously in the evening, defendant missing steps on the walk and turn test, defendant swaying and using his arms for balance on the one leg stand test and Officer Anderson observing multiple additional clues of impairment during the Horizontal Gaze Nystagmus test. Although the State acknowledges that this Court has held that an odor of alcohol, "standing alone, is not evidence that [a driver] is under the influence of an intoxicant,”

   1 later decision quote this exact passage · from the majority
   e.g. State v. Parisi

2. “[a] person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State ... [w]hile under the influence of an impairing substance.”

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