257 Ga. App. 830 - Mueller v. State’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[the o]fficer . . . concluded the implied consent warning by asking [Brantley] whether he would submit to State-administered chemical “tests” of his “breath and blood” under the implied consent law. [Brantley] argues that because [the officer] requested both a breath and blood test, both tests had to be administered. This argument is directly contradicted by OCGA § 40-5-67.1 (a), which provides that “the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested.” Under the implied consent warning, the arresting officer’s decision to have the State administer only a breath test could not have misled [Brantley] into believing that he could not request an independent blood test from qualified personnel of his own choosing. 4”

   1 later decision quote this exact passage
   e.g. State v. Brantley