Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 Virginia opinions name it 3 courts 1967–2025 1 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Davis v. Commonwealthgreen2 sentences2004See id. at 300 , 381 S.E.2d at 16 (noting that, because the blood alcohol measurement obtained from a prescribed chemical test is presumed to accurately reflect the accused’s blood alcohol concentration at the time of the alleged offense, the “blood alcohol absorption and elimination rates makes it clear the timing of the chemical test is critical in terms of the accuracy of the test to reflect the prior blood alcohol concentration at the time of driving”); see also Romo v. Anchorage, 697 P.2d 1065, 1071 (Alaska Ct.App.1985) (recognizing the need for prompt administration of the breath test in 2004See id. at 300 , 381 S.E.2d at 16 (noting that, because the blood alcohol measurement obtained from a prescribed chemical test is presumed to accurately reflect the accused’s blood alcohol concentration at the time of the alleged offense, the “blood alcohol absorption and elimination rates makes it clear the timing of the chemical test is critical in terms of the accuracy of the test to reflect the prior blood alcohol concentration at the time of driving”); see also Romo v. Anchorage, 697 P.2d 1065, 1071 (Alaska Ct.App.1985) (recognizing the need for prompt administration of the breath test in | 1 | 3 |
Grant v. Commonwealthgreen2 sentences2025Id. at 720 n.3. 2010See 54 Va. App. at 721-22 . | 1 | 2 |
Romo v. Municipality of Anchoragegreen1 sentence2004See id. at 300 , 381 S.E.2d at 16 (noting that, because the blood alcohol measurement obtained from a prescribed chemical test is presumed to accurately reflect the accused’s blood alcohol concentration at the time of the alleged offense, the “blood alcohol absorption and elimination rates makes it clear the timing of the chemical test is critical in terms of the accuracy of the test to reflect the prior blood alcohol concentration at the time of driving”); see also Romo v. Anchorage, 697 P.2d 1065, 1071 (Alaska Ct.App.1985) (recognizing the need for prompt administration of the breath test in | 1 | 1 |
Shumate v. Commonwealthgreen2 sentences1998See Shumate v. Commonwealth, 207 Va. 877, 881-83 , 153 S.E.2d 243, 247 (1967) (holding that substantial compliance existed even where “it was not shown who took the blood [and] whether soap and water were used to cleanse the place at which the blood was taken”). 1998See Shumate v. Commonwealth, 207 Va. 877, 881-83 , 153 S.E.2d 243, 247 (1967) (holding that substantial compliance existed even where “it was not shown who took the blood [and] whether soap and water were used to cleanse the place at which the blood was taken”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pearson v. Commonwealth
green
2 sentences2007Pearson, 43 Va. App. at 324 , 597 S.E.2d at 272 . 2007Pearson, 43 Va. App. at 324 , 597 S.E.2d at 272 . | 1 | 2007–2007 |
State v. Reddick
green
1 sentence1970The court held that the certificate was properly admitted, and in answering the question of defendant’s right to question the chemist as to procedure and accuracy, Judge Haynsworth said: “Such questions, however, go to the weight of the evidence rather than to the initial admissibility of the certificate.” See also State v. Reddick, 53 N. J. 66, 248 A. 2d 425 (1968); Wig-more on Evidence, Vol. 5, § 1420, et seq. and 1633 et seq. (3d ed. 1940). | 1 | 1970–1970 |
Thomas v. City of Norfolk
green
2 sentences1967In the Crosby case, supra, 204 Va. 266 , 130 S.E.2d 467 , the judgment of conviction was reversed because of the admission of hearsay evidence in the effort to establish the accuracy of the test. [3] In the recent case of Thomas v. City of Norfolk, 207 Va. 12 , 147 S.E.2d 727 , the radar set had been tested by driving a police car through the radar beam; and also by using “factory pretested tuning forks,” one of which registered on the radar set a speed of 35 miles an hour, and the other a speed of 50 miles an hour, when struck and held in front of the radar set, and the radar set accurately r 1967In the Crosby case, supra, 204 Va. 266 , 130 S.E.2d 467 , the judgment of conviction was reversed because of the admission of hearsay evidence in the effort to establish the accuracy of the test. [3] In the recent case of Thomas v. City of Norfolk, 207 Va. 12 , 147 S.E.2d 727 , the radar set had been tested by driving a police car through the radar beam; and also by using “factory pretested tuning forks,” one of which registered on the radar set a speed of 35 miles an hour, and the other a speed of 50 miles an hour, when struck and held in front of the radar set, and the radar set accurately r | 1 | 1967–1967 |
Crosby v. Commonwealth
green
2 sentences1967In the Crosby case, supra, 204 Va. 266 , 130 S.E.2d 467 , the judgment of conviction was reversed because of the admission of hearsay evidence in the effort to establish the accuracy of the test. [3] In the recent case of Thomas v. City of Norfolk, 207 Va. 12 , 147 S.E.2d 727 , the radar set had been tested by driving a police car through the radar beam; and also by using “factory pretested tuning forks,” one of which registered on the radar set a speed of 35 miles an hour, and the other a speed of 50 miles an hour, when struck and held in front of the radar set, and the radar set accurately r 1967In the Crosby case, supra, 204 Va. 266 , 130 S.E.2d 467 , the judgment of conviction was reversed because of the admission of hearsay evidence in the effort to establish the accuracy of the test. [3] In the recent case of Thomas v. City of Norfolk, 207 Va. 12 , 147 S.E.2d 727 , the radar set had been tested by driving a police car through the radar beam; and also by using “factory pretested tuning forks,” one of which registered on the radar set a speed of 35 miles an hour, and the other a speed of 50 miles an hour, when struck and held in front of the radar set, and the radar set accurately r | 1 | 1967–1967 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.