Perano v. State’s Empirical Analysis
1983
Citation profile
68 state decisions
How this case has been cited
Cited by 68 later decisions — most recently May 2017 · most notably Lester v. State (1984), Hough v. State (2005)
68 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 135 Ga. App. 212 - Nelson v. State · Garrett v. Department of Public Safety · State v. Reid · 144 Ga. App. 764 - Huff v. State · 153 Ga. App. 152 - Adams v. Hardison
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 68 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[WJhere a law enforcement officer requests a person to submit to a chemical test because of acts alleged to have been committed while operating a motor vehicle under the influence of alcohol or drugs, and the officer arrests that person on this ground, OCGA § 40-6-392 (a) (4) ... requires that the officer inform him at the time of arrest of his right to an independent chemical analysis to determine the amount of alcohol or drugs present in his blood. Under ordinary circumstances, where this advice is not given at the time of arrest, or at a time as close in proximity to the instant of arrest as the circumstances of the individual case might warrant, the results of the state-administered test will not be admissible at trial to show that the accused was driving under the influence of alcohol or drugs.”
6 later decisions quote this exact passage“`[T]his (directive) cannot be interpreted to mean sometime in the future. One cannot make an intelligent choice to submit to a chemical test without the knowledge of the right to have an independent test made in order to contest the validity of the state's test.' [ Garrett v. Department of public Safety, 237 Ga. 413 (2), 415 ( 228 SE2d 812 ).] The legislature has recognized that, in most instances, the only time at which this advice will be meaningful is at the time of physical arrest. [Only] certain limited situations ... exist where advising the accused at the moment of physical arrest would not enable the accused to make an intelligent choice concerning the state's request and his right to undergo an independent test.”
1 later decision quote this exact passage“person tested may have a [qualified person] of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer,”
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.