Chmelka v. Smith’s Empirical Analysis

Citation profile

2 district · 22 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. ““Since our statute requires it, an arresting officer is obligated to inform a driver of the consequences in the event of his refusal to submit to a test.” Chmelka v. Smith, 81 S.D. 40, 44 , 130 N.W.2d 423, 425 .”

   2 later decisions quote this exact passage
   e.g. State v. Buckingham · Beare v. Smith

2. ““The operation of a motor vehicle upon the public highways is not a natural or unrestricted right. It has been variously denominated as a privilege, a privilege in the nature of a right, an important right under our present mode of living, and as a vested right. Prucha v. Department of Motor Vehicles, 172 Neb. 415 , 110 N.W.2d 75 , 88 A.L.R.2d 1055 ; In re Wright, 228 N.C. 584 , 46 S.E.2d 696 ; Thompson v. Thompson, N.D., 78 N.W.2d 395 ; Application of Goodwin, 173 Misc. 169 ,17 N.Y. S.2d 426. In any event, a permit or license to operate a motor vehicle, once issued, is of substantial value to its holder and more especially to persons who depend for their livelihood upon the operation of a motor vehicle. Even if the driving of a motor vehicle upon the public highways be termed a mere privilege, a driver’s permit or license may be suspended or revoked only in the manner and on grounds provided by law. 60 C.J.S. Motor Vehicles § 160; annotation, 88 A.L.R.2d 1064 .” Chmelka v. Smith, supra, 130 N.W.2d at p. 424 .”

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