78 Or. App. 459 - State v. Maguire’s Empirical Analysis
1986
Citation profile
7
cited by 7 later decisions
2
states following
March 1990
most recently cited
7 state decisions
Relationships
Relies on State v. Buttrey · State v. Robinson · State v. Chang Hwan Cho · 70 Or. App. 199 - State v. Gainer · Horn v. Horn
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"(1) A person commits the offense of driving while under the influence of intoxicants if the person drives a vehicle while the person: "(a) Has .08 percent or more by weight of alcohol in the blood of the person as shown by chemical analysis of the breath or blood of the person made under ORS 813.100, 813.140 or 813.150; "(b) Is under the influence of intoxicating liquor or a controlled substance; or "(c) Is under the influence of intoxicating liquor and a controlled substance. "(2) A person convicted of the offense described in this section is subject to ORS 813.020 in addition to this section. "(3) The offense described in this section, driving while under the influence of intoxicants, is a Class A misdemeanor and is applicable upon any premises open to the public."”
1 later decision quote this exact passagee.g. State v. Miller“"(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof. "(2) Notwithstanding any other existing law, and unless a statute enacted after January 1, 1972, otherwise provides, an offense defined by a statute outside the Oregon Criminal Code that requires no culpable mental state constitutes a violation." (Emphasis added.)”
1 later decision quote this exact passage · from the dissente.g. State v. Miller“"The legislature made DUII a crime in order to keep dangerous drivers off the road. It was undoubtedly aware of what experience with DUII cases shows: dangerously intoxicated drivers often insist, at times sincerely, that the liquor which they drank has not affected their driving ability. 78 Or. App. at 462 , 717 P.2d 226 .”
1 later decision quote this exact passagee.g. State v. Miller
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.