United States v. Smith’s Empirical Analysis
701 F.3d 1002 · 2012
Citation profile
13
cited by 13 later decisions
June 2020
most recently cited
3 federal appellate ·
Relationships
Applies 18 U.S.C. § 1112
Relies on United States v. Smith · United States v. Charley · United States v. Basham · United States v. Passaro · United States v. Young
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(a) Operating or being in actual physical control of a motor vehicle is prohibited while: (1) Under the influence of alcohol ... to a degree that renders the operator incapable of safe operation; or (2) The alcohol concentration in the operator’s blood or breath is 0.08 grams or more of alcohol per 100 milliliters of blood or 0.08 grams or more of alcohol per 210 liters of breath. (c) Tests. (3) Any test or tests for the presence of alcohol ... shall be determined by and administered at the direction of an authorized person. (4) Any test shall be conducted by using accepted scientific methods and equipment of proven accuracy and reliability operated by personnel certified in its use. (d) Presumptive levels. (1) The results of chemical or other quantitative tests are intended to supplement the elements of probable cause used as the basis for the arrest of an operator charged with a violation of paragraph (a)(1) of this section. If the alcohol concentration in the operator’s blood or breath at the time of testing is less than alcohol concentrations specified in paragraph (a)(2) of this section, this fact does not give rise to any presumption that the operator is or is not under the influence of alcohol. (2) The provisions of paragraph (d)(1) of this section are not intended to limit the introduction of any other component evidence bearing upon the question of whether the operator, at the time of the alleged violation, was under the influence of alcohol....”
1 later decision quote this exact passage · from the majority
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.