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← 84 N.M. 657 - In Re McCain

In Re McCain’s Empirical Analysis

1973

Citation profile

29
cited by 29 later decisions
4
states following
December 1998
most recently cited

1 district · 28 state decisions

How this case has been cited

Cited by 29 later decisions — most recently December 1998 · most notably 184 Ill. 2d 441 - People v. Fisher (1998), State Ex Rel. Schwartz v. Kennedy (1995)

1 district · 28 state decisions

120197319801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Ferguson v. Skrupa · Prucha v. Department of Motor Vehicles · Finocchairo v. Kelly · Schutt v. Macduff · Gottschalk v. Sueppel

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

  1. “(1)Any person who drives or is in actual physical control of a motor vehicle in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defined in section 18-8004, Idaho Code, provided that such test is administered at the request of a police officer having reasonable grounds to believe that person has been driving or in actual physical control of a motor vehicle while under the influence of alcohol, drugs or of any other intoxicating substances. (2) Such person shall not have the right to consult with an attorney before submitting to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances. (3) At the time an evidentiary test for concentration of alcohol, drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to take the test: (a) His license will be seized by the police officer and a temporary permit will be issued; provided, however, that no peace officer shall issue a temporary permit pursuant to this section to a driver whose license or permit has already been and is suspended or revoked because of previous violations: (b) He has the right to request a hearing within seven (7) days to show cause why he refused to take the test; (c) If he does not request a hearing or does not prevail at the hearing, his license will be suspended absolutely for one hundred eighty (180) days; and (d) After submitting to th”
    1 later decision quote this exact passage

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.