Breeden v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Commonwealth must establish the reasons for the unavailability of one of the tests before denying the driver his choice
• holding that suppression of the test results does not cure a violation of the implied consent law that \deprives the accused of a significant method of establishing his innocence\
• holding that suppression of the test results does not cure a violation of the implied consent law that “deprives the accused of a significant method of establishing his innocence”
• Commonwealth’s failure to provide blood test deprived accused of a significant method of establishing innocence
• failure to provide results of test requested deprives accused of significant method of establishing his innocence
• “Mere suppression of the result of the test not requested, as was done in this case, does not cure the deprivation of the potential benefit of the requested test”

Source: CourtListener parenthetical corpus (CC0).

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

• Stevens v. Commonwealth
  Court of Appeals of Virginia· 2005-08-09· cited 70×
• Rasmussen v. Commonwealth
  Court of Appeals of Virginia· 1999-12-28· cited 36×
• Cutright v. Commonwealth
  Court of Appeals of Virginia· 2004-08-17· cited 28×
• Oliver v. Commonwealth
  Court of Appeals of Virginia· 2003-03-04· cited 18×
• Lamay v. Commonwealth
  Court of Appeals of Virginia· 1999-04-13· cited 14×
• Stevens v. Commonwealth
  Court of Appeals of Virginia· 2004-10-19· cited 13×
• Shoemaker v. Commonwealth
  Court of Appeals of Virginia· 1994-03-15· cited 12×
• Mason v. Commonwealth
  Court of Appeals of Virginia· 1993-01-12· cited 11×
• Kemp v. Commonwealth
  Court of Appeals of Virginia· 1993-05-11· cited 10×
• Sullivan v. Commonwealth
  Court of Appeals of Virginia· 1993-11-23· cited 9×
• Commonwealth v. Gray
  Supreme Court of Virginia· 1994-11-04· cited 8×
• Brown-Fitzgerald v. Commonwealth
  Court of Appeals of Virginia· 2008-02-05· cited 7×
• Snead v. Commonwealth
  Court of Appeals of Virginia· 1993-11-23· cited 7×
• Walker v. City of Lynchburg
  Court of Appeals of Virginia· 1996-03-26· cited 5×
• Talley v. Commonwealth
  Court of Appeals of Virginia· 1993-06-08· cited 3×
• Bennett v. Commonwealth
  Court of Appeals of Virginia· 1999-11-16· cited 3×
• Danful Ray Herring v. Commonwealth of Virginia
  Court of Appeals of Virginia· 1998-12-08· cited 2×
• Loudoun County v. Hendrickson
  Loudoun County Circuit Court· 1993-02-12
• Commonwealth v. Thomas
  Loudoun County Circuit Court· 1995-03-20
• Town of Colonial Beach v. Haddle
  Westmoreland County Circuit Court· 1994-06-10

Cites

1 case in this archive is cited by this case.

• Driver v. Commonwealth
  Court of Appeals of Virginia· 1988-08-16· cited 9×