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11 Pennsylvania opinions name it 3 courts 1988–2026 1 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Quigley v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2026It is well settled that “the DL-26 [f]orm is sufficient as a matter of law to meet the warning requirement under Vehicle Code Section 1547(b).” Yourick v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 341, 345 (Pa. Cmwlth. 2009); Quigley v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 349, 353 (Pa. Cmwlth. 2009) (“We hold [the DL-26 form] warning sufficiently apprises the driver hearing and/or reading it that, if he/she refuses to submit to the chemical test, his/her operating privileges ‘will be suspended,’ and that other penalties may be imposed.”). 2019We have held that reading Form DL-26 to a motorist “is sufficient as a matter of law to meet the warning requirement under Vehicle Code Section 1547(b) . . . .” Quigley v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 349, 354 (Pa. Cmwlth. 2009). | 4 | 4 |
Yourick v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2026It is well settled that “the DL-26 [f]orm is sufficient as a matter of law to meet the warning requirement under Vehicle Code Section 1547(b).” Yourick v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 341, 345 (Pa. Cmwlth. 2009); Quigley v. Dep’t of Transp., Bureau of Driver Licensing, 965 A.2d 349, 353 (Pa. Cmwlth. 2009) (“We hold [the DL-26 form] warning sufficiently apprises the driver hearing and/or reading it that, if he/she refuses to submit to the chemical test, his/her operating privileges ‘will be suspended,’ and that other penalties may be imposed.”). | 1 | 1 |
Commonwealth v. Allengreen2 sentences2019Here, the trial court found the following: This Court does not dispute that 75 Pa.C.S.A. § 1547(c) “...focus[es] on the person performing the blood testing and the equipment used, not the technician drawing the blood.”3 _____________________ 3Commonwealth v. Mahaney, 373 Pa. Super. 129, 133 , 540 A.2d 556, 559 (1988). _____________________ However, the holding in Mahaney has been clarified by Commonwealth v. Allen which states that although the - 14 - technician who draws the blood does not need to meet the requirements of 75 Pa.C.S.A. § 1547(c)(2), the Commonwealth still must establish that t 2019Here, the trial court found the following: This Court does not dispute that 75 Pa.C.S.A. § 1547(c) “...focus[es] on the person performing the blood testing and the equipment used, not the technician drawing the blood.”3 _____________________ 3Commonwealth v. Mahaney, 373 Pa. Super. 129, 133 , 540 A.2d 556, 559 (1988). _____________________ However, the holding in Mahaney has been clarified by Commonwealth v. Allen which states that although the - 14 - technician who draws the blood does not need to meet the requirements of 75 Pa.C.S.A. § 1547(c)(2), the Commonwealth still must establish that t | 1 | 1 |
Commonwealth v. Mahaneygreen2 sentences2019Here, the trial court found the following: This Court does not dispute that 75 Pa.C.S.A. § 1547(c) “...focus[es] on the person performing the blood testing and the equipment used, not the technician drawing the blood.”3 _____________________ 3Commonwealth v. Mahaney, 373 Pa. Super. 129, 133 , 540 A.2d 556, 559 (1988). _____________________ However, the holding in Mahaney has been clarified by Commonwealth v. Allen which states that although the - 14 - technician who draws the blood does not need to meet the requirements of 75 Pa.C.S.A. § 1547(c)(2), the Commonwealth still must establish that t 2019Here, the trial court found the following: This Court does not dispute that 75 Pa.C.S.A. § 1547(c) “...focus[es] on the person performing the blood testing and the equipment used, not the technician drawing the blood.”3 _____________________ 3Commonwealth v. Mahaney, 373 Pa. Super. 129, 133 , 540 A.2d 556, 559 (1988). _____________________ However, the holding in Mahaney has been clarified by Commonwealth v. Allen which states that although the - 14 - technician who draws the blood does not need to meet the requirements of 75 Pa.C.S.A. § 1547(c)(2), the Commonwealth still must establish that t | 1 | 1 |
Everhart v. Commonwealthgreen2 sentences2009In Everhart v. Commonwealth, 54 Pa.Cmwlth. 22 , 420 A.2d 13, 15 (1980), this Court held that a DL-26 warning that advised a motorist that his license “could be suspended” for refusing a test was not sufficient to satisfy Section 1547(b). 2009In Everhart v. Commonwealth, 54 Pa.Cmwlth. 22 , 420 A.2d 13, 15 (1980), this Court held that a DL-26 warning that advised a motorist that his license “could be suspended” for refusing a test was not sufficient to satisfy Section 1547(b). | 1 | 1 |
McCamey v. Commonwealthgreen2 sentences1992Section 1547(b)(2) of the Vehicle Code states that, “[i]t shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing.” The officer has an “affirmative duty ... to convey the certainty of suspension....” McCamey v. Commonwealth, 144 Pa. Commw. 292, 296 , 601 A.2d 471, 473 (1991). 1992Section 1547(b)(2) of the Vehicle Code states that, “[i]t shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing.” The officer has an “affirmative duty ... to convey the certainty of suspension....” McCamey v. Commonwealth, 144 Pa. Commw. 292, 296 , 601 A.2d 471, 473 (1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Yoon v. Commonwealth, Department of Transportation
green
2 sentences2009Likewise, in Yoon v. Department of Transportation, Bureau of Driver Licensing, 718 A.2d 386 (Pa.Cmwlth.1998), this Court held that the warning requirement in Section 1547(b) was not satisfied by having the motorist read the DL-26 warning silently to himself. 2009Likewise, in Yoon v. Department of Transportation, Bureau of Driver Licensing, 718 A.2d 386 (Pa.Cmwlth.1998), this Court held that the warning requirement in Section 1547(b) was not satisfied by having the motorist read the DL-26 warning silently to himself. | 2 | 2009–2009 |
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
1 sentence2026Additionally, this Court has held that “[a]nything substantially less than an unqualified, unequivocal assent to submit to chemical testing constitutes a refusal.” Boseman, 157 A.3d at 14 . | 1 | 2026–2026 |
Commonwealth v. Xander
green
1 sentence2018In Commonwealth v. Xander, 14 A.3d 174 (Pa. Super. 2011), we held that the warnings under Section 1547(b) were indeed components of a valid “refusal,” noting: the General Assembly specifically included a requirement in § 1547(b)(2)(ii) that the police warn arrestees of the enhanced penalties for a refusal [of chemical testing. | 1 | 2018–2018 |
Pennsylvania Department of Transportation, Bureau of Driver Licensing v. Weaver
green
2 sentences2009In Dept. of Transp., Bureau of Driver Licensing v. Weaver, 590 Pa. 188 , 912 A.2d 259 ( 2006), our Supreme Court held that the warnings provided by the DL-26 form do meet the requirements of 75 Pa.C.S. § 1547(b)(2). 2009In Dept. of Transp., Bureau of Driver Licensing v. Weaver, 590 Pa. 188 , 912 A.2d 259 ( 2006), our Supreme Court held that the warnings provided by the DL-26 form do meet the requirements of 75 Pa.C.S. § 1547(b)(2). | 1 | 2009–2009 |
Schwab Adoption Case
green
2 sentences2009In re Schwab’s Adoption, 355 Pa. 534 , 50 A.2d 504 (1947) (holding that a statutory remedy or procedure must be strictly pursued). 4 The warning required under 75 Pa.C.S. § 1547(b) is such a procedural requirement. 2009In re Schwab’s Adoption, 355 Pa. 534 , 50 A.2d 504 (1947) (holding that a statutory remedy or procedure must be strictly pursued). 4 The warning required under 75 Pa.C.S. § 1547(b) is such a procedural requirement. | 1 | 2009–2009 |
Com., Dept. of Transp. v. O'CONNELL
green
2 sentences1995Our Pennsylvania Supreme Court reversed, citing its decision in Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989) where the Supreme Court stated that "[s]ince the course of conduct of the police creates confusion in these cases, it is appropriate to place the duty on them to clarify the extent of the right of counsel when asking arrestees to take breathalyzer tests....” O’Connell, 521 Pa. at 253 , 555 A.2d at 878 . 1995Our Pennsylvania Supreme Court reversed, citing its decision in Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989) where the Supreme Court stated that "[s]ince the course of conduct of the police creates confusion in these cases, it is appropriate to place the duty on them to clarify the extent of the right of counsel when asking arrestees to take breathalyzer tests....” O’Connell, 521 Pa. at 253 , 555 A.2d at 878 . | 1 | 1995–1995 |
Commonwealth v. Landau
green
2 sentences1988This appeal followed. 2 The Appellants sole contention on appeal is that pursuant to this Courts holding in Commonwealth of Pa., Department of Transportation, Bureau of Traffic Safety v. Landau, 91 Pa. Commonwealth Ct. 646 , 498 A.2d 47 (1985), a warning that his license “would be subject to” suspension is insufficient to meet the requirements of Section 1547(b)(2). 3 DOT counters by arguing that Landau was erroneously decided because that case overlooks this Courts holding in Smolick v. Commonwealth, 60 Pa. Commonwealth Ct. 180 , 430 A.2d 1230 (1981) (warning of “could and would” held suffici 1988This appeal followed. 2 The Appellants sole contention on appeal is that pursuant to this Courts holding in Commonwealth of Pa., Department of Transportation, Bureau of Traffic Safety v. Landau, 91 Pa. Commonwealth Ct. 646 , 498 A.2d 47 (1985), a warning that his license “would be subject to” suspension is insufficient to meet the requirements of Section 1547(b)(2). 3 DOT counters by arguing that Landau was erroneously decided because that case overlooks this Courts holding in Smolick v. Commonwealth, 60 Pa. Commonwealth Ct. 180 , 430 A.2d 1230 (1981) (warning of “could and would” held suffici | 1 | 1988–1988 |
Smolick v. Commonwealth
yellow
2 sentences1988This appeal followed. 2 The Appellants sole contention on appeal is that pursuant to this Courts holding in Commonwealth of Pa., Department of Transportation, Bureau of Traffic Safety v. Landau, 91 Pa. Commonwealth Ct. 646 , 498 A.2d 47 (1985), a warning that his license “would be subject to” suspension is insufficient to meet the requirements of Section 1547(b)(2). 3 DOT counters by arguing that Landau was erroneously decided because that case overlooks this Courts holding in Smolick v. Commonwealth, 60 Pa. Commonwealth Ct. 180 , 430 A.2d 1230 (1981) (warning of “could and would” held suffici 1988This appeal followed. 2 The Appellants sole contention on appeal is that pursuant to this Courts holding in Commonwealth of Pa., Department of Transportation, Bureau of Traffic Safety v. Landau, 91 Pa. Commonwealth Ct. 646 , 498 A.2d 47 (1985), a warning that his license “would be subject to” suspension is insufficient to meet the requirements of Section 1547(b)(2). 3 DOT counters by arguing that Landau was erroneously decided because that case overlooks this Courts holding in Smolick v. Commonwealth, 60 Pa. Commonwealth Ct. 180 , 430 A.2d 1230 (1981) (warning of “could and would” held suffici | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.