Public-domain · open source
OpenJurist
← 470 So. 2d 1365 - Smith v. State

470 So. 2d 1365 - Smith v. State’s Empirical Analysis

1985

Citation profile

5
cited by 5 later decisions
1
states following
June 1989
most recently cited

5 state decisions

Relationships

Relies on Terry v. Ohio · Berkemer v. McCarty · Ex Parte Dison · 35 Ala. App. 31 - City of Birmingham v. Reed · City of Birmingham v. Reed

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

  1. “40-6-391. (See delayed effective date note) Driving under the influence of alcohol or drugs; penalties for first and subsequent offenses. "(a) A person shall not drive or be in actual physical control of any moving vehicle while: "(1) Under the influence of alcohol; "(2) Under the influence of any drug to a degree which renders him incapable of driving safely; "(3) Under the combined influence of alcohol and any drug to a degree which renders him incapable of driving safely; or "(4) There is 0.12 percent or more by weight of alcohol in his blood. ". . . .”
    1 later decision quote this exact passage
  2. “driving or being in actual physical control of a moving vehicle 'while under the influence of alcohol or drugs or while there was 0.12 percent or more by weight of alcohol in his blood in violation of OCGA § 40-6-391.'”
    1 later decision quote this exact passage

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.