blood alcohol test (Rhode Island) · Go Syfert
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blood alcohol test in Rhode Island

6 Rhode Island opinions name it 2 courts 1984–2004 0 in the last five years

The cases below were cited by Rhode Island 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 (3)

CaseFollowedCited
State v. Wychegreen
ri · 1986 · cited in 1 Rhode Island opinions naming this issue, 2004–2004
1 sentence

2004Id. at 910.

11
People v. Roybalgreen
colo · 1983 · cited in 1 Rhode Island opinions naming this issue, 1999–1999
2 sentences

1999See, e.g., People v. Roybal, 672 P.2d 1003 (Colo.1983) (holding that the state supreme court’s ruling on the defendant’s interlocutory appeal, which required the suppression of his written statement as a product of an invalid arrest, became the law of the case and therefore precluded the trial court on remand from granting the state an evidentiary hearing on the issue of whether the taking of a blood alcohol test was also the product of the defendant's illegal arrest).

1999See, e.g., People v. Roybal, 672 P.2d 1003 (Colo.1983) (holding that the state supreme court's ruling on the defendant's interlocutory appeal, which required the suppression of his written statement as a product of an invalid arrest, became the law of the case and therefore precluded the trial court on remand from granting the state an evidentiary hearing on the issue of whether the taking of a blood alcohol test was also the product of the defendant's illegal arrest).

11
People v. Trombettagreen
calctapp · 1983 · cited in 1 Rhode Island opinions naming this issue, 1984–1984
2 sentences

1984The defendants in Trombetta were given a blood-alcohol test on an Omicron Intoxilyzer machine that recorded blood-alcohol levels that were over the legal limit for a person operating a motor vehicle in California. 4 People v. Trombet *1388 ta, 142 Cal.App.3d 138, 141 , 190 Cal.Rptr. 319, 320 (1983).

1984The defendants in Trombetta were given a blood-alcohol test on an Omicron Intoxilyzer machine that recorded blood-alcohol levels that were over the legal limit for a person operating a motor vehicle in California. 4 People v. Trombet *1388 ta, 142 Cal.App.3d 138, 141 , 190 Cal.Rptr. 319, 320 (1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
State v. Lussier green
ri · 1986
1 sentence

1995The State relied upon State v. Lussier, 511 A.2d 958 (R.I. 1986), as controlling on this issue and for its position that neither consent nor the requirements of § 31-27-3 need be complied with where there is no arrest and no police involvement in the taking of the blood test.

11995–1995
State v. Bruskie green
ri · 1988
1 sentence

1989Jean, this court, in State v. Bruskie, 536 A.2d 522 (R.I.1988), affirmed a trial justice’s finding that a defendant had consented to a blood-alcohol test despite his claim that his serious injuries, including a concussion, a broken jaw, and a ruptured kidney, rendered him unable to give such consent.

11989–1989
State v. Fogarty green
ri · 1981
1 sentence

1988Accordingly it is our considered judgment that police officers can testify and offer an opinion concerning intoxication provided they satisfy the two-part test set forth in Fogarty requiring that (1) the witness has had an opportunity to observe the person and, (2) the witness can give concrete details on which the inference or description is founded. 433 A.2d at 976 . *525 II The defendant next contends that the trial justice erred in finding that defendant knowingly and willingly consented to submit to a blood-alcohol test.

11988–1988

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 31-27-2 (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

PA 131 (1970–2026) TX 130 (1961–2026) FL 102 (1967–2023) GA 95 (1966–2025) IL 94 (1972–2024) CA 85 (1960–2024) MO 83 (1968–2024) OH 75 (1973–2025) NY 66 (1970–2023) WA 56 (1975–2024) ND 52 (1980–2020) TN 51 (1975–2025) LA 50 (1976–2021) CO 48 (1946–2024) ME 48 (1969–2025) KS 47 (1966–2024) ID 46 (1971–2025) MI 45 (1975–2025) MN 44 (1975–2015) OR 40 (1973–2026) AL 39 (1980–2015) NM 32 (1964–2025) AZ 31 (1967–2020) MA 28 (1984–2023) MS 28 (1984–2024) VA 25 (1966–2019) WI 25 (1977–2024) CT 23 (1988–2026) MT 21 (1971–2024) MD 20 (1984–2022) NJ 18 (1965–2021) KY 18 (1971–2025) NH 18 (1984–2020) NC 17 (1973–2026) IN 15 (1976–2016) IA 15 (1973–2021) WY 14 (1968–2022) OK 14 (1973–2014) HI 14 (1995–2020) SD 13 (1969–2022) NE 12 (1977–2020) AK 11 (1974–2001) SC 11 (1990–2014) VT 11 (1965–2024) AR 10 (1988–2015) UT 8 (1979–2009) NV 7 (1969–2013) WV 7 (1980–2021) DE 7 (1973–2019) RI 6 (1984–2004) DC 4 (1983–2001)

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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