21 Va. App. 200 - Tench v. Commonwealth’s Empirical Analysis

Citation profile

51 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 52 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court ... to review that suspension.... If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension .... Otherwise the court shall affirm the suspension.”

   1 later decision quote this exact passage
   e.g. 31 Va. App. 714 - Easter v. Commonwealth

2. “The General Assembly’s consideration of a procedure for automatic license suspension was motivated by its desire to reduce “alcohol-related crashes, fatalities, and injuries.” See S.J.Res. 172, 1989 Va. Acts. Enactment of this procedure was no empty exercise, as states that have enacted such laws have experienced a reduction in alcohol-related crashes and fatalities. We hold that automatic license suspension under Code § 46.2-391.2 is a remedial sanction because its purpose is to protect the public from intoxicated drivers and to reduce alcohol-related accidents.”

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

3. “particularized assessment of the penalty imposed,”

   1 later decision quote this exact passage · from the dissent
   e.g. Schrefler v. State