Bowman v. Commonwealth’s Empirical Analysis
1960
Citation profile
15 state decisions
How this case has been cited
Cited by 15 later decisions — most recently June 1998
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Tiller v. Commonwealth · Byrd v. Commonwealth
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“raised no legal presumption of intoxication. Code § 18.2-269 expressly provides that the presumptions it creates arise only when a blood-alcohol test is conducted “in accordance with the provisions of [former Code] § 18.2-268.” The record of the pretrial hearing shows, and the Attorney General concedes, that the hospital test was not conducted in such manner. Yet, the trial court, borrowing from the language of § 18.2-269(3), instructed the jury that “[i]f there was at the time zero point 10 percent or more of alcohol in the accused’s blood it shall be presumed that the accused was under the influence of alcoholic intoxicants.” Since the only evidence to support that instruction was derived from the test performed at the hospital, we hold that the instruction constituted prejudicial error in the trial of the drunken driving charge.”
1 later decision quote this exact passage · from the majority““Bowman, having exercised his right to have a determination of the amount of alcohol in his blood at the time of the alleged offense as shown by a chemical analysis, in effect, demanded such a determination under the statute, and thereby waived any necessity that he be first arrested and the request for such determination be made within two hours of his arrest. Any other conclusion is, we think, contrary to reason and inconsistent with both the action of the defendant and the plain intent of the statute to make available as evidence the ascertainment of the amount of alcohol in the blood of a person at the time of his offense, and would defeat the purposes for which the statute was enacted.””
1 later decision quote this exact passage · from the majoritye.g. State v. Charlson“are to be construed liberally so as to avoid the mischief and advance the remedy of the evils sought to be suppressed. (citation).”
1 later decision quote this exact passage · from the majoritye.g. State v. Charlson
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.