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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.
| Case | Followed | Cited |
|---|---|---|
Davis v. Commonwealthgreen2 sentences2014We 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. | 3 | 6 |
State v. Rosegreen2 sentences1989See 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). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Freddie Beckham, III v. Commonwealth of Virginia
green
2 sentences2018Beckham, 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)). | 1 | 2018–2018 |
State v. Knoll
green
1 sentence1995That 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 .... | 1 | 1995–1995 |
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.