arrested motorist take test (Pennsylvania) · Go Syfert
← Pennsylvania issues

arrested motorist take test in Pennsylvania

13 Pennsylvania opinions name it 3 courts 1972–1992 0 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.

Followed or applied (3)

CaseFollowedCited
Morris Motor Vehicle Operator License Casegreen
pasuperct · 1971 · cited in 8 Pennsylvania opinions naming this issue, 1972–1992
2 sentences

1992As stated by the Superior Court in Morris Motor Vehicle Operator License Case, 218 Pa. Super. 347 , 280 A.2d 658 (1971): “Having in mind the remedial purpose of the statute and the rapidity with which the passage of time and physiological processes tend to eliminate evidence of ingested alcohol in the system, it is sensible to construe the statute to mean that anything substantially short of an unqualified, unequivocal assent to an officer’s request that the arrested motorist take the test constitutes a refusal to do so....

1992As stated by the Superior Court in Morris Motor Vehicle Operator License Case, 218 Pa. Super. 347 , 280 A.2d 658 (1971): “Having in mind the remedial purpose of the statute and the rapidity with which the passage of time and physiological processes tend to eliminate evidence of ingested alcohol in the system, it is sensible to construe the statute to mean that anything substantially short of an unqualified, unequivocal assent to an officer’s request that the arrested motorist take the test constitutes a refusal to do so....

48
Department of Transportation v. Cannongreen
pacommwct · 1972 · cited in 3 Pennsylvania opinions naming this issue, 1973–1977
2 sentences

1977Department of Transportation v. Cannon, 4 Pa. Commonwealth Ct. 119, 124, 286 A.2d 24, 26 (1972).

1977Department of Transportation v. Cannon, 4 Pa. Commonwealth Ct. 119, 124, 286 A.2d 24, 26 (1972).

13
Commonwealth v. Endgreen
pacommwct · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1987–1987
2 sentences

1987The occasion is not one for debate, maneuver or negotiation, but rather for a simple ‘yes’ or ‘no’ to the officer’s request.” ’ End, 6 Pa. Commonwealth Ct. at 351 , 295 A.2d at 197, 198 (citation omitted).

1987The occasion is not one for debate, maneuver or negotiation, but rather for a simple ‘yes’ or ‘no’ to the officer’s request.” ’ End, 6 Pa. Commonwealth Ct. at 351 , 295 A.2d at 197, 198 (citation omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
In Re Withdrawal of Motor Vehicle Privileges of Weitzel green
pacommwct · 1979
2 sentences

1986The occasion is not one for debate, maneuver or negotiation, but rather a simple ‘yes’ or ‘no’ to the officer’s request. 41 Pa. Commonwealth Ct. at 237 , 400 A. 2d at 646-47 .

1986The occasion is not one for debate, maneuver or negotiation, but rather a simple ‘yes’ or ‘no’ to the officer’s request. 41 Pa. Commonwealth Ct. at 237 , 400 A. 2d at 646-47 .

11986–1986
Maffei v. Commonwealth, Department of Transportation green
pacommwct · 1980
2 sentences

1986Maffei v. Commonwealth Department of Transportation, 53 Pa. Commw. 182 , 416 A.2d 1167 (1980).

1986Maffei v. Commonwealth Department of Transportation, 53 Pa. Commw. 182 , 416 A.2d 1167 (1980).

11986–1986
McMahon v. Commonwealth green
pacommwct · 1978
2 sentences

1980Although the law is clear that anything substantially short of an unqualified assent to an officer’s request that the arrested motorist take the test constitutes a refusal to do so, McMahon, supra, 39 Pa. Commonwealth Ct. at 265 , 395 A.2d at 320 , nothing in the Vehicle Code requires a driver, as part of his consent to a blood test, to execute a document limiting or waiving the tester’s liability.

1980Although the law is clear that anything substantially short of an unqualified assent to an officer’s request that the arrested motorist take the test constitutes a refusal to do so, McMahon, supra, 39 Pa. Commonwealth Ct. at 265 , 395 A.2d at 320 , nothing in the Vehicle Code requires a driver, as part of his consent to a blood test, to execute a document limiting or waiving the tester’s liability.

11980–1980
BOONE v. TATE green
pacommwct · 1972
1 sentence

1973The occasion is not one for debate, maneuver or negotiation but rather for a simple ‘yes’ or ‘no’ to the officer’s request.” (Emphasis retained.) 4 Pa. Commonwealth Ct. at 124 , 286 A. 2d 26 .

11973–1973

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1547 (6)

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.

Where else courts name it

PA 13 (1972–1992) OR 12 (1970–2010) NJ 6 (1970–2001) IA 3 (1973–2011) NE 2 (1984–1987) IN 2 (1977–2015) NM 2 (1994–1994)

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.

← Caselaw search · G Cite Topics · Brief Check