Forte v. State’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[C]onsent being implied by law, a driver may not legally refuse. A driver, however, can physically refuse to submit, and the implied consent law, recognizing that practical reality, forbids the use of physical force to compel submission.”

   2 later decisions quote this exact passage · from the concurrence
   e.g. Arnold v. State · State v. Sells

2. “"Thus, in Texas by operating a motor vehicle upon the public highway consent is legally implied. It would defy both logic and common sense to assume that the Legislature of this State would imply consent, then authorize a driver to revoke that implied consent, and ultimately suspend the driver's license for exercising the right of refusal. In actuality, since the suspect has no legal choice whether to take the breathalyzer, counsel would then not be protecting any known right or safeguard by advising a suspect to refuse the test. Counsel's advice as to whether to consent to the breathalyzer under the circumstances of his client's case is a matter of strategic maneuvering, and the taking of calculated risks in the hope of lessening the chances of conviction or the dismissing of criminal charges, and does not come within the penumbra of Art. I, Sec. 10, to mandate the invocation of the right to counsel. Since an accused has no legal right to withdraw his implicit consent to take the breath test (as distinguished from physically refusing to take the test) `counsel's absence [or lack of consultation]... [does not] derogate from the accused's right to a fair trial.' United States v. Wade, supra, 388 U.S. [218] at 226, 87 S.Ct. [1926] at 1932 [ 18 L.Ed.2d 1149 (1967)]. Therefore, the time at which an accused is faced with the decision of whether to submit to a breath test is not a `critical stage' of the criminal process which necessitates either the prior consultation with or pres”

   1 later decision quote this exact passage · from the concurrence
   e.g. State v. Fox

3. “"In summary, the sole issue presented in this case is whether a person arrested for driving while intoxicated, prior to deciding whether to submit to a chemical sobriety test, in particular the breathalyzer, has a constitutional right to counsel under Art. 1, Sec. 10, of the Texas Constitution. Submission to a breath test is required pursuant to the Texas Implied Consent Statute, Article 6701L-5, Sec. 1, V.A.C.S." "... Be that as it may, the only issue that we will resolve is the appellant's right to counsel under Art. I, Sec. 10, Tex. Const."”

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