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14 Pennsylvania opinions name it 5 courts 1971–2025 2 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 |
|---|---|---|
Commonwealth v. Smith, Jr.green2 sentences1973If any person is placed under arrest and charged with the operation of a motor vehicle or tractor while under the influence of intoxicating liquor and is thereafter requested to submit to a chemical breath test and refuses to do so, the test shall not be given but the Secretary may suspend his license or permit to operate a motor vehicle or tractor with or without a hearing.” In Commonwealth v. Smith, Jr., 6 Pa. Commonwealth Ct. 78 , 293 A. 2d 158 (1972), this Court held that strict compliance with §624.1 (a) of the Vehicle Code is required in reinstating the license suspension of an operator 1973If any person is placed under arrest and charged with the operation of a motor vehicle or tractor while under the influence of intoxicating liquor and is thereafter requested to submit to a chemical breath test and refuses to do so, the test shall not be given but the Secretary may suspend his license or permit to operate a motor vehicle or tractor with or without a hearing.” In Commonwealth v. Smith, Jr., 6 Pa. Commonwealth Ct. 78 , 293 A. 2d 158 (1972), this Court held that strict compliance with §624.1 (a) of the Vehicle Code is required in reinstating the license suspension of an operator | 1 | 3 |
Commonwealth v. Browngreen2 sentences1975The applicable law is now clear and settled. “ ‘. . .the automatic suspension feature of Section 624.1(a) of The Vehicle Code is applicable only to refusal to submit to a chemical breath test, not to the drawing of blood’ Commonwealth v. Brown, 225 Pa. Superior Ct. 289 , 302 A. 2d 475 (1973). 1975The applicable law is now clear and settled. “ ‘. . .the automatic suspension feature of Section 624.1(a) of The Vehicle Code is applicable only to refusal to submit to a chemical breath test, not to the drawing of blood’ Commonwealth v. Brown, 225 Pa. Superior Ct. 289 , 302 A. 2d 475 (1973). | 1 | 2 |
Everhart v. Commonwealthgreen1 sentence2019R.R. at 39a. 5 The trial court’s supported determinations distinguish this case from Everhart v. Commonwealth, 420 A.2d 13, 15 (Pa. Cmwlth. 1980), cited by Licensee, in which this Court remanded for further fact finding where it was unclear whether the arresting officer informed the licensee that his license would (rather than “could”) be suspended if he refused to submit to a chemical breath test. | 1 | 1 |
Bureau of Traffic Safety v. TILLITT.green2 sentences1985See Bureau of Traffic Safety v. Tillitt, 49 Pa. Commonwealth Ct. 343 , 411 A.2d 276 (1980). 1985See Bureau of Traffic Safety v. Tillitt, 49 Pa. Commonwealth Ct. 343 , 411 A.2d 276 (1980). | 1 | 1 |
Commonwealth v. Quarlesgreen2 sentences1978See Commonwealth v. Quarles, 229 Pa.Super. 363, 381 , 324 A.2d 452, 462 (1974). 4 Furthermore, as the Majority concedes, a blood test represents more of an intrusion than a chemical breath test. 1978See Commonwealth v. Quarles, 229 Pa.Super. 363, 381 , 324 A.2d 452, 462 (1974). 4 Furthermore, as the Majority concedes, a blood test represents more of an intrusion than a chemical breath test. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Miranda v. Arizona
green
2 sentences1997After being provided with the required warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 1 Light agreed to submit to a chemical breath test. 1997After being provided with the required warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 1 Light agreed to submit to a chemical breath test. | 2 | 1971–1997 |
Commonwealth v. Miles
green
2 sentences1975Commonwealth v. Miles, 8 Pa. Commonwealth Ct. 544 , 304 A.2d 704 (1973). 1975Commonwealth v. Miles, 8 Pa. Commonwealth Ct. 544 , 304 A.2d 704 (1973). | 2 | 1975–1975 |
Skoczalek v. Inmate Accounting Office
green
1 sentence2025Dyarman, 73 A.3d at 570 . | 1 | 2025–2025 |
Bomba v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
1 sentence2021In that case, the licensee was arrested for driving under the influence, and was taken to the police station to perform a chemical breath test. 28 A.3d at 948 . | 1 | 2021–2021 |
Birchfield v. N. Dakota. William Robert Bernard
green
2 sentences2018Licensee argues his position is consistent with the U.S. Supreme Court's decision in Birchfield v. North Dakota , 579 U.S. ----, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016). 2018Licensee argues his position is consistent with the U.S. Supreme Court's decision in Birchfield v. North Dakota , 579 U.S. ----, 136 S.Ct. 2160 , 195 L.Ed.2d 560 (2016). | 1 | 2018–2018 |
Com., Dept. of Transp. v. O'CONNELL
green
2 sentences1997After being provided with the required warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 1 Light agreed to submit to a chemical breath test. 1997After being provided with the required warnings under Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 1 Light agreed to submit to a chemical breath test. | 1 | 1997–1997 |
Callan v. Commonwealth
green
2 sentences1976In fact, in the equitable days prior to Furman v. Georgia, 6 there occurred in the County of Dauphin, a situation where a defendant killed two persons and received two sentences of death. 7 Retreating to the more mundane but nevertheless serious motor vehicle violations, we find in Callahan v. Commonwealth Dept. of Transportation, 19 Pa. Commonwealth Ct. 635 , 339 A. 2d 163 (1975), a situation where for a single offense, to wit, driving under the influence, the court held that the secretary, as prescribed by the statute, could suspend a defendant’s license for six months for refusal to submit 1976In fact, in the equitable days prior to Furman v. Georgia, 6 there occurred in the County of Dauphin, a situation where a defendant killed two persons and received two sentences of death. 7 Retreating to the more mundane but nevertheless serious motor vehicle violations, we find in Callahan v. Commonwealth Dept. of Transportation, 19 Pa. Commonwealth Ct. 635 , 339 A. 2d 163 (1975), a situation where for a single offense, to wit, driving under the influence, the court held that the secretary, as prescribed by the statute, could suspend a defendant’s license for six months for refusal to submit | 1 | 1976–1976 |
Commonwealth v. End
green
2 sentences1973In Commonwealth v. End, 6 Pa. Commonwealth Ct. 347 , 295 A. 2d 196 (1972) we upheld the license suspension of an operator who refused to submit to the breath test until his personal physician was summoned. 1973In Commonwealth v. End, 6 Pa. Commonwealth Ct. 347 , 295 A. 2d 196 (1972) we upheld the license suspension of an operator who refused to submit to the breath test until his personal physician was summoned. | 1 | 1973–1973 |
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.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.