Cash v. Commonwealth’s Empirical Analysis

Citation profile

28 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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he implied consent of one who operates a vehicle on the public highways of Virginia to take a blood test, in the event he be charged with drunk driving, ... is a measure flowing from the police power of the state designed to protect other users of state highways. jJ? # % # H? ❖ It is not a qualified consent and it is not a conditional consent, and therefore there can be no qualified refusal or conditional refusal to take the test. The fact that under the Virginia statute an accused is afforded an opportunity to establish the reasonableness of his refusal does not operate to dilute the consent previously given, or convert that consent into a qualified or conditional one. The statute does excuse from [punishment for refusal to take] the test one whose refusal is reasonable[, such as] where a person’s health would be endangered by the withdrawal of blood.”

   2 later decisions quote this exact passage · from the majority
   e.g. 50 Va. App. 468 - Brothers v. Commonwealth · 37 Va. App. 374 - Goodman v. Commonwealth

2. “Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.”

   1 later decision quote this exact passage · from the majority
   e.g. 62 Va. App. 488 - Jacob Lynn Patterson v. Commonwealth of Virginia

3. “Pretrial, the circuit court granted the prosecutor’s motion to exclude certain evidence proffered by [Cash] on the reasonableness of her refusal to submit to the blood or breath test. The prosecutor asked the court to prohibit, for example, any evidence regarding defendant’s sobriety at the time of arrest and evidence of the outcome of the DUI charge on the ground that such evidence is irrelevant to the charge of unreasonable refusal to submit to such test.”

   1 later decision quote this exact passage · from the majority
   e.g. 29 Va. App. 461 - Lamay v. Commonwealth