259 Ga. App. 603 - State v. Naik’s Empirical Analysis
2003
Citation profile
6
cited by 6 later decisions
1
states following
July 2011
most recently cited
6 state decisions
Relationships
Relies on 246 Ga. App. 829 - State v. Causey · 247 Ga. App. 464 - Hunt v. State · 229 Ga. App. 397 - Rowell v. State
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[c]hemical analysis of the person’s blood, urine, breath, or other bodily substance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. Pursuant to this Code section, the Division of Forensic Sciences adopted the following methods for conducting an evidential breath alcohol analysis: (1) The analysis shall be conducted on an Intoxilyzer Model 5000 manufactured by CMI, Inc., except as otherwise provided in Rule 92-3-.06 (5); (2) the analysis shall be performed by an individual holding a valid permit, in accordance with Rule 92-3-.02 (2); and (3) the testing instrument shall have been checked periodically for calibration and operation, in accordance with Rule 92-3-.06 (8) (a). Ga. Comp. R. & Regs. r. 92-3-.06 (12) (a). Further, “(a)dministrative, procedural, and/or clerical steps performed in conducting a test shall not constitute a part of the approved method of analysis.” Ga. Comp. R. & Regs. r. 92-3-.06 (12) (b). Under OCGA § 50-13-8, we “take judicial notice of any rule which has become effective pursuant to (the Georgia Administrative Procedure Act, OCGA §§ 50-13-1 through 50-13-23).” S”
2 later decisions 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.