subsequently administered chemical test (Virginia) · Go Syfert
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subsequently administered chemical test in Virginia

7 Virginia opinions name it 2 courts 1989–2018 0 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.

Followed or applied (2)

CaseFollowedCited
Davis v. Commonwealthgreen
vactapp · 1989 · cited in 6 Virginia opinions naming this issue, 1992–2018
2 sentences

2014We examined this statute in Davis v. Commonwealth, 8 Va. App. 291 , 381 S.E.2d 11 (1989), and concluded that the inquiry under Code § 18.2-266(i) is not whether a driver was in fact “under the influence of alcohol” to a degree that his ability to drive safely was affected; rather, the issue is whether at the time he was driving his blood alcohol concentration was at least [0.08%] as measured by a subsequently administered chemical test.

2014We examined this statute in Davis v. Commonwealth, 8 Va. App. 291 , 381 S.E.2d 11 (1989), and concluded that the inquiry under Code § 18.2-266(i) is not whether a driver was in fact “under the influence of alcohol” to a degree that his ability to drive safely was affected; rather, the issue is whether at the time he was driving his blood alcohol concentration was at least [0.08%] as measured by a subsequently administered chemical test.

36
State v. Rosegreen
nc · 1984 · cited in 1 Virginia opinions naming this issue, 1989–1989
2 sentences

1989See State v. Rose, 312 N.C. 441 , 323 S.E.2d 339 (1984).

1989See State v. Rose, 312 N.C. 441 , 323 S.E.2d 339 (1984).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Freddie Beckham, III v. Commonwealth of Virginia green
vactapp · 2017
2 sentences

2018Beckham, 67 Va. App. at 665 , 799 S.E.2d at 695 (quoting Davis v. Commonwealth, 8 Va. App. 291, 298 , 381 S.E.2d 11, 15 (1989)).

2018Beckham, 67 Va. App. at 665 , 799 S.E.2d at 695 (quoting Davis v. Commonwealth, 8 Va. App. 291, 298 , 381 S.E.2d 11, 15 (1989)).

12018–2018
State v. Knoll green
idahoctapp · 1986
1 sentence

1995That the Court acknowledged that separate offenses could be possible under the subsections is revealed by die favorable citation of State v. Knoll, 718 P.2d 589 (Idaho App. 1986), as follows: [i]t has been demonstrated empirically, and it is now widely accepted, that a motorist’s ability to drive safely is adversely affected by a blood-alcohol content of .10%, even though some individuals may exhibit few outwardly visible symptoms of intoxication at that level ....

11995–1995

Statutes the citing opinions construe

VA § Va. Code Ann. § 18.2-266 (7) VA § Va. Code Ann. § 18.2-269 (4) VA § Va. Code Ann. § 18.2-268 (3)

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.

Where else courts name it

VA 7 (1989–2018) GA 2 (1987–1987) DC 2 (2007–2008)

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.

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