King v. Commonwealth’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “KRS 189A.010(l)(a) creates a criminal offense for operating a motor vehicle while having an alcohol concentration of .10 or above, regardless of available evidence that the accused is not under the influence of alcohol. This is commonly referred to as “per se under the influence.” With this reading in evidence, the Commonwealth doesn’t need to go further, nor can the defense introduce evidence to show the defendant was not under the influence . That issue becomes irrelevant as the content of .10 or more in and of itself, becomes the crime, unlike in Allen v. Commonwealth, Ky.App., 817 S.W.2d 458 (1991). As such, the .10 alcohol concentration becomes an element of the crime, not merely evidence of a DUI. 9”

   1 later decision quote this exact passage
   e.g. Commonwealth v. Mattingly