State v. EUMANA-MORANCHEL’s Empirical Analysis
2012
Citation profile
4
cited by 4 later decisions
1
states following
July 2018
most recently cited
4 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 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"[I]t is virtually always the case that the chemical test of the breath or blood is administered some time after the person has stopped driving. That is so for several reasons. First, a breath test may not be administered until after the driver actually has been arrested for DUII. In all cases, a certain amount of time will have passed after the stop and before the arrest, while a police officer investigates the crime. In addition, to test the driver, the police officer must use a specific machine, the Intoxilyzer 5000 or the Intoxilyzer 8000, which are the only breath test machines approved by the Oregon State Police for use in performing a chemical analysis of a person's breath, *** and which typically are located at the police station. Finally, before administering the test, the police officer must inform the person of the consequences of refusing to take a breath test, *** and then wait at least 15 minutes to be certain that the person has not taken anything by mouth, vomited, or regurgitated."”
1 later decision quote this exact passage“"[ ORS 813.010(1)(a) ] requires the chemical analysis to 'show' the actual presence of alcohol in the blood at the time of driving; it does not merely require a certain instrument reading. That is, under the statute, the 'chemical analysis' is the numerical result that the machine produces together with an explanation of that result. That explanation can simply be an inference that blood alcohol rates dissipate over time."”
1 later decision quote this exact passage“whether the state [could] introduce an expert's testimony to prove that [a] defendant's [BAC] was over the legal limit of .08 percent when a police officer stopped him for driving erratically, even though [that] defendant's BAC was under the legal limit at the time of his breath test, approximately an hour and a half later.”
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.