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← 446 So. 2d 293 - State v. Clark

446 So. 2d 293 - State v. Clark’s Empirical Analysis

1984

Citation profile

25
cited by 25 later decisions
3
states following
May 2015
most recently cited

2 federal appellate · 23 state decisions

How this case has been cited

Cited by 25 later decisions — most recently May 2015 · most notably State v. Antwine (1987), 775 So. 2d 1022 - State v. Casey (2000)

2 federal appellate · 23 state decisions

1401984199020002010decided

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 Schneckloth v. Bustamonte · County Court of Ulster Cty. v. Allen · 423 So. 2d 1116 - State v. Ray · 426 So. 2d 148 - State v. Sims · 363 So. 2d 1364 - State v. Hammontree

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

  1. “"The regulation does not require constant observation by one individual for the 20-minute period preceding testing, but only that the person be subjected to `general observations ... whereby the subject shall not have ingested alcohol, alcoholic beverages, regurgitated, vomited, or taken anything by mouth.'"”
    2 later decisions quote this exact passage
  2. “R.S. 32 Sec. 662. Administering chemical test; use of results as evidence A. The chemical test or tests as provided for by this Part shall be subject to the following rules and shall be administered as provided for hereafter: 1. Upon the trial of any criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcoholic beverages the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, urine, breath or other bodily substance shall give rise to the following presumptions: a. If there was at that time 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcoholic beverages. b. If there was at that time in excess of 0.05 per cent but less than 0.10 per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages. (c) If there was at that time 0.10 per cent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcoholic beverages. B. Percent by weight of alcohol in the blood shall be based upon grams of alcohol p”
    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.