State v. Gray’s Empirical Analysis

Citation profile

34 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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““A law enforcement officer may request a person who is operating or attempting to operate a vehicle within this state to submit to a preliminary screening test of the person’s breath to determine the alcohol concentration of the person’s breath if the officer has reasonable grounds to believe that the person: (a) Has alcohol in the person’s body; (b) has committed a traffic infraction; or (c) has been involved in a vehicle accident or collision. At the time the test is requested, the person shall be given oral notice that: (1) There is no right to consult with an attorney regarding whether to submit to testing; (2) refusal to submit to testing is a traffic infraction; and (3) further testing may be required after the preliminary screening test. Failure to provide the notice shall not be an issue or defense in any action. The law enforcement officer then shall request the person to submit to the test. Refusal to take and complete the test as requested is a traffic infraction. If the person submits to the test, the results shall be used for the purpose of assisting law enforcement officers in determining whether an arrest should be made and whether to request the tests authorized by K.S.A. 8-1001 and amendments thereto. A law enforcement officer may arrest a person based in whole or in part upon the results of a preliminary screening test. Such results shall not be admissible in any civil or criminal action except to aid the court or hearing officer in determining a challenge t”

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

2. “[i]t must be recognized that the tests which may be requested under K.S.A.1999 Supp. 8-1012 and K.S.A.1999 Supp. 8-1001 are completely separate in purpose, usage, and legal effect.”

   1 later decision quote this exact passage · from the majority
   e.g. 45 Kan. App. 2d 340 - State v. Edgar

3. “[t]he subsequent consent was given within a minute or less of when the officer checked the `refusal' box on the consent form.”

   1 later decision quote this exact passage · from the majority
   e.g. McINTOSH v. Kansas Dept. of Revenue