11 Va. App. 122 - Basfield v. Commonwealth’s Empirical Analysis

Citation profile

25 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 27 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “• A DWI suspect has a right to have his breath analyzed “to determine the probable alcoholic content of his blood.” Va. Code Ann. § 18.2-267 (A) (Section entitled, “Preliminary analysis of breath to determine alcoholic content of blood.”). • DWI suspects may be arrested “[w]henever the breath sample analysis indicates that alcohol is present in the person’s blood.” Va.Code Ann. § 18.2-267(D). • A driver on Virginia’s roads impliedly consents to a post-arrest breath test to determine the “alcohol ... content of his blood.” Va.Code Ann. § 18.2-268.2(A) (Section entitled, “Implied consent to post-arrest chemical test to determine drug or alcohol content of blood”). • If arrested and tested, the suspect has a right to observe and to see “the blood-alcohol reading on the equipment used to perform the breath test.” Va.Code Ann. § 18.2-268.2(B) • It is unlawful in Virginia for a person arrested for DWI to refuse to take a breath test to determine the “alcohol ... content of his blood.” Va.Code Ann. § 18.2-268.3(A). • Individuals administering breath tests must advise the accused of “his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test.” Va.Code Ann. § 18.2-268.9. • The failure of an accused to submit to a breath test “to determine the alcohol ... content of his blood is not evidence.” Va.Code Ann. § 18.2-268.10. • Virginia recognizes certain rebuttable presumptions where “the amount of alcohol in the blood of the accused”

   1 later decision quote this exact passage
   e.g. United States v. Barber

2. “In any hearing or trial of any criminal offense ..., a certificate of analysis of a person performing an analysis or examination, performed in any laboratory operated by the Division of Consolidated Laboratory Services or the Division of Forensic Science[,] ... when such certificate is duly attested by such person, shall be admissible in evidence as evidence of the facts therein stated and the results of the analysis or examination referred to therein, provided (i) the certificate of analysis is filed with the clerk of the court hearing the case at least seven days prior to the hearing or trial and (ii) a copy of such certificate is mailed or delivered by the clerk or attorney for the Commonwealth to counsel of record for the accused at least seven days prior to the hearing or trial upon request made by such counsel to the clerk with notice of the request to the attorney for the Commonwealth. The request to the clerk shall be on a form prescribed by the Supreme Court and filed with the clerk at least ten days prior to trial.”

   1 later decision quote this exact passage
   e.g. 47 Va. App. 126 - Bell v. Commonwealth