11 Or. App. 459 - State v. Kohlasch’s Empirical Analysis

Citation profile

8 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Reading the statutes [specific Oregon driving while under the influence and implied consent statutes] together, we hold that they provide that the chemical test consented to by defendant, and containing .23 blood alcohol content 33 minutes after arrest, was prima facie evidence, and created a disputable presumption (footnote omitted) that his blood al cohol content was .15 or more at the time of his arrest. He had the opportunity to produce rebuttal evidence in this regard. Not having done so, he cannot complain that the jury verdict was not based on sufficient evidence.”

   1 later decision quote this exact passage
   e.g. Logan v. Brown

2. “"If you find from the evidence that the chemical analysis of the defendant's breath obtained within a reasonable time after his arrest shows that the blood alcohol content was at a certain level, you may infer that the defendant's blood alcohol content was not less than that at the time of driving and arrest."”

   1 later decision quote this exact passage
   e.g. 75 Or. App. 430 - State v. Conway

3. “"Any person who drives * * * when that person has.15 percent or more by weight of alcohol in his blood as shown by a chemical analysis * * * made pursuant to [the Implied Consent Law] shall be punished * * *."”

   1 later decision quote this exact passage
   e.g. 75 Or. App. 430 - State v. Conway