2014 Ark. App. 588 - Ebel v. State’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. “(e)(1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person in writing of the right provided in subdivision (e)(1) of this section and that if the person chooses to have an additional chemical test and the person is found not guilty, the arresting law enforcement agency shall reimburse the person for the cost of the additional chemical test. (3) The refusal or failure of a law enforcement officer to advise a person of the | firight provided in subdivision (e)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (e)(1) of this section precludes the admission of evidence relating to a chemical test taken at the direction of a law enforcement officer.”

   1 later decision quote this exact passage
   e.g. 2015 Ark. App. 364 - Briggs v. State

2. “When a defendant moves to exclude a test pursuant to section 5-65-204(e)(2), the State bears the burden of proving by a preponderance of the evidence that the defendant was advised of his right to have an additional test performed and that he was assisted in obtaining a test. The initial test result may be admitted into evidence if there was substantial compliance with the statute. Furthermore, the officer must provide only such assistance in obtaining an additional test as is reasonable under the circumstances presented. Whether the assistance provided was reasonable under the circumstances is ordinarily a fact question for the trial court to decide. It is for the trial court to weigh the evidence and resolve the credibility of the witnesses. We will not reverse the trial court’s ruling on the admission of evidence absent an abuse of discretion and a showing of prejudice.”

   1 later decision quote this exact passage
   e.g. 2015 Ark. App. 364 - Briggs v. State