Jensen v. State’s Empirical Analysis

Citation profile

2 federal appellate · 1 district · 6 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Law enforcement authorities will no doubt develop form warnings to be given defendants to ensure admission of any refusal at trial. We would strongly urge that at a minimum such warnings inform the defendant that he is under arrest for driving while intoxicated, that he is required by law to submit to a breathalyzer examination to determine his blood-alcohol level as evidence of the offense, that he will not be forced to take the test over his refusal but if he refuses to take the test (1) he will lose his right to operate a motor vehicle, (2) the refusal can be used against him in court as evidence of his intoxication, and (3) that the refusal is itself a misdemeanor, a crime for which he will receive a mandatory minimum three days in jail and could receive up to one year's imprisonment. The suspect should also be told that the penalties for refusing a breathalyzer are identical to the penalties for driving while intoxicated. The police have no interest in promoting crime. Since the penalties for drunk driving are identical to the penalties for refusing a test, a person refusing must be motivated by either incompetence, ignorance or stubbornness. Adequate warnings serve to ensure that a refusal will not be based on ignorance and that the obvious legislative goal of encouraging those accused of drunk driving to take the test will be served.”

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

2. “A person who operates or drives a motor vehicle in this state ... shall be considered to have given consent to a chemical test or tests of a person’s breath for the purpose of determining the alcoholic content of the person’s blood or breath if lawfully arrested for an offense arising out of acts alleged to have been committed while the person was operating or driving a motor vehicle .... The test or tests shall be administered at the direction of a law enforcement officer who has reasonable grounds to believe that the person was operating or driving a motor vehicle ... in this state while intoxicated.”

   1 later decision quote this exact passage
   e.g. Svedlund v. Municipality of Anchorage

3. “1. A conviction for violation of AS 11.56.-610 requires proof of specific intent. AS 28.35.032(f) is silent regarding mens rea and no issue regarding mens rea is presented in this appeal. We therefore do not address the issue. Compare Reynolds v. State, 655 P.2d 1313 (Alaska App.1982) (discussing determinations of mens rea for fish and game violations where no mens rea is specified) with Neitzel v. State, 655 P.2d 325 (Alaska App.1982) (discussing determinations of mens rea under the revised code where no mens rea is specified).”

   1 later decision quote this exact passage
   e.g. Svedlund v. Municipality of Anchorage