State v. Bowie’s Empirical Analysis
2000
Citation profile
13
cited by 13 later decisions
4
states following
June 2016
most recently cited
2 district · 11 state decisions
Relationships
Relies on State v. Adee · State v. Vega-Fuentes · State v. Mertz · State v. Bolin · State v. LaMunyon
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Djriving a motor vehicle in Kansas is not a natural right but a privilege. That privilege is granted by the State and, pursuant to 8-235(a), the privilege to drive is granted only to those drivers with a valid license or those who are specifically exempt____ Exempt persons include nonresidents with a valid license issued elsewhere, or whose home state or country does not require a license to drive, and persons operating farm equipment. The legislature used the phrase “valid driver’s license” in 8-235(a) and, by doing so, intended to specify the tangible representation of a driving privilege. In 8-262(a), the legislature uses the term “privilege” rather than “license” and, by so doing, demonstrated the intent to include licensed drivers as well as drivers exempt under 8-236. No other drivers are granted a privilege to drive in Kansas. Further, the legislature limited the scope of the provision to persons whose privilege to drive is “canceled, suspended or revoked.” In so doing, the legislature intended for only licensed persons to be covered by 8-262(a).”
1 later decision quote this exact passage · from the majority“Bowie also argues that the statute prohibiting driving without a valid driver’s license governs because it is more specific to his circumstances than the statute prohibiting driving while suspended. It is well established in Kansas courts that “where a statute dealing generally with a subject and a statute dealing specifically with a certain phase of the subject are conflicting, the more specific statute generally controls unless the legislature intended otherwise.” In this case, it does appear that the legislature intended for the driving without a valid driver’s license statute to govern Bowie’s circumstances ... A driver who never gets a license never has it canceled, suspended, or revoked within the meaning of 8-262(a).”
1 later decision quote this exact passage · from the majority“Notwithstanding the patent purpose of the legislature to promote safety on public highways, adopting the State’s position on this issue would require the court to enlarge the phrase “canceled, suspended or revoked” to include driving privileges never granted.... A reasonable and sensible interpretation of the Kansas statutory scheme leads us to the conclusion that a person who never had a driver’s license cannot be charged with driving while suspended pursuant to 8-262 but can be charged with driving without a license in violation of 8-235(a).”
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.