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6 Virginia opinions name it 2 courts 2000–2006 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 |
|---|---|---|
Smith v. Commonwealthgreen2 sentences2006This appeal challenges the validity of an arrest before removing blood pursuant to the implied consent law, Code § 18.2-268.2, and the admission into evidence of the certificate of analysis of the blood. “[I]f the arrest is not lawful, consent for the blood alcohol test is not implied, and the results of any such test are not admissible [to prove] intoxication.” Smith v. Commonwealth, 32 Va.App. 228, 233-34 , 527 S.E.2d 456, 459 (2000). 2006This appeal challenges the validity of an arrest before removing blood pursuant to the implied consent law, Code § 18.2-268.2, and the admission into evidence of the certificate of analysis of the blood. “[I]f the arrest is not lawful, consent for the blood alcohol test is not implied, and the results of any such test are not admissible [to prove] intoxication.” Smith v. Commonwealth, 32 Va.App. 228, 233-34 , 527 S.E.2d 456, 459 (2000). | 5 | 5 |
Durant v. City of Suffolkgreen2 sentences2005Smith v. Commonwealth, 32 Va. App. 228, 233 (2000) (“If the arrest is not lawful, consent for blood alcohol testing is not implied, and the results of any such test are not admissible.”) See also Durant v. City of Suffolk, 4 Va. App. 445, 448 (1987). 2005See Smith v. Commonwealth, 32 Va. App. 228, 233-34 (2000) (“If the arrest is not lawful, consent for blood alcohol testing is not implied, and the results of any such test are not admissible for the purpose of providing a rebuttable presumption of intoxication.”); Durant v. Suffolk, 4 Va. App. 445, 448-49 (1987); Commonwealth v. Coakley, 56 Va. Cir. 99, 107 (Norfolk 2001) (“Had the Defendant consented to a breathalyzer or blood alcohol test here, the certificate of analysis itself would have been inadmissible because it was not obtained pursuant to a lawful arrest.”). | 3 | 3 |
Commonwealth v. Coakleygreen1 sentence2005See Smith v. Commonwealth, 32 Va. App. 228, 233-34 (2000) (“If the arrest is not lawful, consent for blood alcohol testing is not implied, and the results of any such test are not admissible for the purpose of providing a rebuttable presumption of intoxication.”); Durant v. Suffolk, 4 Va. App. 445, 448-49 (1987); Commonwealth v. Coakley, 56 Va. Cir. 99, 107 (Norfolk 2001) (“Had the Defendant consented to a breathalyzer or blood alcohol test here, the certificate of analysis itself would have been inadmissible because it was not obtained pursuant to a lawful arrest.”). | 1 | 1 |
Castillo v. Commonwealthgreen2 sentences2000See Castillo, 21 Va.App. at 487-93 , 465 S.E.2d at 148-52 ; Durant, 4 Va.App. at 448-49, 358 S.E.2d at 734 . 2000See Castillo, 21 Va.App. at 487-93 , 465 S.E.2d at 148-52 ; Durant, 4 Va.App. at 448-49, 358 S.E.2d at 734 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
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.