Kummer v. Backes’s Empirical Analysis

Citation profile

12 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The results of the chemical analysis must be received in evidence when it is shown that the sample was properly obtained and the test was fairly administered, and if the test is shown to have been performed according to methods and 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.”

   2 later decisions quote this exact passage
   e.g. Lee v. North Dakota Department of Transportation · Ringsaker v. Director, North Dakota Department of Transportation

2. ““If a person submits to a test under section 39-20-01, 39-20-02, or 39-20-03 and the test shows that person to have 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 the driving or being in actual physical control of a vehicle, the following procedures apply: 1. The law enforcement officer shall immediately take possession of the person’s operator’s license if it is then available and shall immediately issue to that person a temporary operator’s permit if the person then has valid operating privileges, extending driving privileges for the next twenty-five days, or until earlier terminated by the decision of a hearing officer under section 39-20-05. The law enforcement officer shall sign and note the date on the temporary operator’s permit. The temporary operator’s permit serves as the commissioner’s official notification to the person of the commissioner’s intent to revoke, suspend, or deny driving privileges in this state. ***** . The law enforcement officer, within five days of the issuance of the temporary operator’s permit, shall forward to the commissioner a certified written report in the form required by the commissioner and the person’s operator’s license taken under subsection 1 or 2. If the person was issued a temporary operator’s permit because of the results of a test, the report must show that the officer had reasonable grounds to believe the person had be”

   1 later decision quote this exact passage
   e.g. Samdahl v. North Dakota Department of Transportation Director

3. “The foundational requirements ... may be met either through testimony of the state toxicologist or through the introduction of certified copies of approved methods and techniques filed by the state toxicologist with the clerk of the district court pursuant to N.D.C.C. § 39-20-07. Absent testimony by the state toxicologist, the foundational requirement necessary to show fair administration of a breathalyzer test and admissibility of the test results is a showing that the test was administered in accordance with the approved methods filed with the clerk of the district court. Thus, reliability and accuracy of the results are established by demonstrating compliance with the methods adopted by the state toxicologist. Because the statute permits admission of such evidence without expert witness testimony to establish accuracy and reliability, all the requirements of the statute must be scrupulously met to ensure a uniform basis of testing throughout the State and fair administration.”

   1 later decision quote this exact passage
   e.g. Ringsaker v. Director, North Dakota Department of Transportation