Hammond v. Commonwealth’s Empirical Analysis

Citation profile

2 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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[T]he agreement to take a blood or breath test, as opposed to suffering the consequences of taking neither, does not carry with it the same indicia of being forthcoming as does the willingness to take a voluntary field sobriety test. For this reason, we hold that Farmer [v. Commonwealth, 12 Va. App. 337 , 404 S.E.2d 371 (1991)] does not control our decision. Thus, the request to take a breath test under these circumstances shows nothing about [Hammond’s] guilt or innocence. Therefore, the evidence [of the request to take a breath test] is not relevant.”

   1 later decision quote this exact passage
   e.g. Hammond v. Commonwealth

2. “The failure of an accused to permit a blood or breath sample to be taken to determine the alcohol or drug content of his blood is not evidence and shall not be subject to comment by the Commonwealth at the trial of the case, except in rebuttal; nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment by the Commonwealth, except in rebuttal.”

   1 later decision quote this exact passage
   e.g. Hammond v. Commonwealth