State v. Vogel’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Upon the trial of a criminal action arising out of acts alleged to have been committed by any person driving or in actual physical control of a motor vehicle while under the influence of intoxicating liquor, evidence of the amount of alcohol in the person’s blood at the time of the act alleged as shown by a chemical analysis of his breath is admissible. A person having a blood alcohol concentration of at least ten one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after driving or being in physical control of a vehicle is under the influence of intoxicating liquor at the time of driving or being in physical control of a vehicle. The results of such chemical analysis shall be received in evidence when it is shown that the test was fairly administered, provided that a test of a person's breath and the result thereof is further shown to have been performed according to the methods and/or with devices approved by the state toxicologist and by an individual possessing a certificate of qualification to administer the test issued by the state toxicologist. The state toxicologist is authorized to approve satisfactory techniques, devices, and methods of chemical analysis and to determine the qualifications of individuals to conduct such analysis, and shall issue a certificate to all qualified operators who shall exhibit the certificate upon demand by the person requested to take the chemical test. The state toxicologist may appo”

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

2. “N.D.C.C. § 39-20-07(5) ... authorizes the State Toxicologist to “approve satisfactory devices and methods of chemical analysis and determine the qualifications of individuals to conduct such analysis, and ... issue a certificate to all qualified operators.... ” Those records, when “certified by the clerk of the district court, must be admitted as prima facie evidence of the matters stated in the records,” and a certified copy of the blood analysis issued by the State Toxicologist “must be accepted as prima fa-cie evidence of the results of a chemical analysis performed under this chapter.” N.D.C.C. § 38-20-07(7) and (8). Although subsections (7) and (8) state that these certified documents “must” be admitted and accepted as prima facie evidence, the legislature’s use of the word “must” merely requires their admission and specifies their evidentiary effect in court. That these certified documents “must” be admitted in evidence does not suggest the legislature intended the certified lists of approved chemical-test operators and chemical testing devices, and the approved method to conduct alcohol analysis, are the only documents that will furnish the foundation for admission of a blood-test result.”

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

3. ““The results of such chemical analysis shall be received in evidence when it is shown that the test was fairly administered, provided that a test of a person’s breath and the result thereof is further shown to have been performed according to the methods and/or with devices approved by the state toxicologist and by an individual possessing a certificate of qualification to administer the test issued by the state toxicologist.””

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