66 Ohio App. 3d 595 - State v. Bennett’s Empirical Analysis

Citation profile

10 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * Before the results of alcohol tests are admissible as evidence, it is incumbent upon the state to prove the specimen was taken and analyzed in accordance with the methods and rules established by the Ohio Department of Health.” State v. Joles (Feb. 5, 1988), Lake App. No. 12-171, unreported, at 3, 1990 WL 312854 ; State v. Bennett (1990), 66 Ohio App.3d 595, 597 , 585 N.E.2d 897, 898 , quoting Joles, supra. See, also, State v. Steele (1977), 52 Ohio St.2d 187 , 6 O.O.3d 418 , 370 N.E.2d 740 .”

   2 later decisions quote this exact passage
   e.g. 66 Ohio App. 3d 622 - State v. Trill · 107 Ohio App. 3d 787 - State v. Hominsky

2. ““ ‘The regulation requires the participation of two officers with hand radios; one officer remains at the intoxilyzer to verify the receipt of radio transmissions and to observe the “display” readings, and the other transmits radio messages while moving from thirty feet away towards the intoxilyzer along eight specific radials.’ ” See, also, State v. Trill (1991), 66 Ohio App.3d 622, 627 , 585 N.E.2d 914, 917 .”

   2 later decisions quote this exact passage
   e.g. 66 Ohio App. 3d 622 - State v. Trill · 107 Ohio App. 3d 787 - State v. Hominsky

3. ““A radio frequency interference (RFI) survey shall be performed for each breath testing instrument listed in paragraphs (A)(1) to (A)(3) and (A)(5) of this rule that is in operation at each breath testing site. RFI surveys are not required for the instrument listed in paragraph (A)(4) of this rule. Survey results shall be recorded on the form set forth in appendix G to this rule. The original RFI survey form and any subsequent RFI survey forms shall be kept on file in the area where tests are performed. A new survey shall be conducted when a breath testing instrument’s spatial placement or axis is changed from that designated in the most recent survey form. Radio transmitting antennae shall not be used within any RFI-affected zone during conduct of a subject test or a calibration check.””

   1 later decision quote this exact passage
   e.g. 77 Ohio App. 3d 200 - State v. Beam