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← 146 Ohio App. 3d 354 - State v. Lauer

146 Ohio App. 3d 354 - State v. Lauer’s Empirical Analysis

2001

Citation profile

7
cited by 7 later decisions
1
states following
March 2011
most recently cited

7 state decisions

Relationships

Relies on City of Dayton v. Erickson · State v. Homan · 22 Ohio St. 3d 292 - State v. Plummer · 136 Ohio App. 3d 46 - State v. Norman · State v. Boys

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

  1. “(A) A senior operator shall perform an instrument check on approved evidential breath testing instruments and a radio frequency interference (RFI) check no less frequently than once every seven days in accordance with the appropriate instrument checklist for the instrument being used. The *Page 6 instrument check may be performed anytime up to one hundred and ninety-two hours after the last instrument check. (1) The instrument shall be checked to detect RFI using a hand-held radio normally used by the law enforcement agency. The RFI detector check is valid when the evidential breath testing instrument detects RFI or aborts a subject test. If the RFI detector check is not valid, the instrument shall not be used until the instrument is serviced. (2) An instrument shall be checked using an instrument check solution containing ethyl alcohol approved by the director of health. An instrument check result is valid when the result of the instrument check is at or within five one-thousandths (0.005) grams per two hundred ten liters of the target value for that instrument check solution. An instrument check result which is outside the range specified in this paragraph shall be confirmed by the senior operator using another bottle of approved instrument check solution. If this instrument check result is also out of range, the instrument shall not be used until the instrument is serviced.”
    1 later decision quote this exact passage
  2. “[t]he instrument check may be performed anytime up to one hundred and ninety-two hours after the last instrument check.”
    1 later decision quote this exact passage
  3. “affidavits [did] not state who did the test, on what date it was done, or what the results of the test were.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.