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12 Pennsylvania opinions name it 4 courts 1988–2023 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 |
|---|---|---|
Com., Dept. of Transp. v. McFarrengreen2 sentences2013Ultimately, the suppression court granted Appellee’s motion to suppress the second chemical test and found that Commonwealth, Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185, 1188 (1987) and Karabinos v. Comm., Dept. of Transp., 739 A.2d 601 (Pa.Cmwlth.1999) are applicable herein. 5 Specifically, the suppression court reasoned as follows: 7. 2013Ultimately, the suppression court granted Appellee’s motion to suppress the second chemical test and found that Commonwealth, Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185, 1188 (1987) and Karabinos v. Comm., Dept. of Transp., 739 A.2d 601 (Pa.Cmwlth.1999) are applicable herein. 5 Specifically, the suppression court reasoned as follows: 7. | 3 | 5 |
Burke v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2023Trial Ct. 1925(a) Stmt., 5/16/22, at 6 (emphasis added); see Geonnotti, 588 A.2d at 1346 (recognizing that an officer’s offer of a second chemical test “is a matter of grace and can be revoked at any time up until the test is administered”).6 6 In reaching its decision in this case, the Trial Court relied on Lutz v. Department of Transportation, Bureau of Driver Licensing, 734 A.2d 478 (Pa. Cmwlth. 1999), and Burke v. Department of Transportation, Bureau of Driver Licensing, 733 A.2d 13 (Pa. Cmwlth. 1999). | 1 | 1 |
Lutz v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2023Trial Ct. 1925(a) Stmt., 5/16/22, at 6 (emphasis added); see Geonnotti, 588 A.2d at 1346 (recognizing that an officer’s offer of a second chemical test “is a matter of grace and can be revoked at any time up until the test is administered”).6 6 In reaching its decision in this case, the Trial Court relied on Lutz v. Department of Transportation, Bureau of Driver Licensing, 734 A.2d 478 (Pa. Cmwlth. 1999), and Burke v. Department of Transportation, Bureau of Driver Licensing, 733 A.2d 13 (Pa. Cmwlth. 1999). 2023In Lutz, this Court held that the licensee’s failure to sign a hospital form agreeing to assume financial responsibility for the blood test, which was an “impermissible burden,” did not vitiate his consent to the test. 734 A.2d at 481 . | 1 | 1 |
Geonnotti v. COM., DEPT. OF TRANSP.green1 sentence2023Trial Ct. 1925(a) Stmt., 5/16/22, at 6 (emphasis added); see Geonnotti, 588 A.2d at 1346 (recognizing that an officer’s offer of a second chemical test “is a matter of grace and can be revoked at any time up until the test is administered”).6 6 In reaching its decision in this case, the Trial Court relied on Lutz v. Department of Transportation, Bureau of Driver Licensing, 734 A.2d 478 (Pa. Cmwlth. 1999), and Burke v. Department of Transportation, Bureau of Driver Licensing, 733 A.2d 13 (Pa. Cmwlth. 1999). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Karabinos v. Commonwealth, Department of Transportation
green
2 sentences2017Thus, as a general rule, a second chemical test may be requested only when problems with the first test or other special circumstances exist to make the second request reasonable. 739 A.2d at 603 . 8 of test arose not from statements made by the police officer but solely from Licensee’s self-induced and self-destructive confusion about what the law is or should be.” Id. 2017Thus, as a general rule, a second chemical test may be requested only when problems with the first test or other special circumstances exist to make the second request reasonable. 739 A.2d at 603 . 8 of test arose not from statements made by the police officer but solely from Licensee’s self-induced and self-destructive confusion about what the law is or should be.” Id. | 3 | 2000–2017 |
Commonwealth v. Fellmeth
neutral
2 sentences1997Light relies upon Department of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa.Cmwlth. 172 , 528 A.2d 1090 (1987), and Department of Transportation v. Marion, 109 Pa.Cmwlth. 299 , 530 A.2d 1053 (1987), to support the position advanced by him that a second chemical test request was unwarranted in this instance. 1997Light relies upon Department of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa.Cmwlth. 172 , 528 A.2d 1090 (1987), and Department of Transportation v. Marion, 109 Pa.Cmwlth. 299 , 530 A.2d 1053 (1987), to support the position advanced by him that a second chemical test request was unwarranted in this instance. | 3 | 1991–2005 |
Commonwealth v. Harbaugh
green
2 sentences2005In PennDOT v. Harbaugh, 141 Pa. Commw. 288 , 595 A.2d 715 (1991), the Commonwealth Court stated: “In PennDOT v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987), a plurality opinion, our Supreme Court stated the following regarding the propriety of administering a second chemical test: “In order to justify a second intrusion, the police officer must establish circumstances which support the reasonableness of a second search ... .A second test may be proper if the first test was inconclusive due to faulty equipment or faulty performance by the individual. (emphasis added) “Thus, when a m 2005In PennDOT v. Harbaugh, 141 Pa. Commw. 288 , 595 A.2d 715 (1991), the Commonwealth Court stated: “In PennDOT v. McFarren, 514 Pa. 411, 417 , 525 A.2d 1185, 1188 (1987), a plurality opinion, our Supreme Court stated the following regarding the propriety of administering a second chemical test: “In order to justify a second intrusion, the police officer must establish circumstances which support the reasonableness of a second search ... .A second test may be proper if the first test was inconclusive due to faulty equipment or faulty performance by the individual. (emphasis added) “Thus, when a m | 2 | 1994–2005 |
Todd v. COM., DEPT. OF TRANSP.
green
1 sentence2017Todd v. Department of Transportation, Bureau of Driver Licensing, 723 A.2d 655 , 658 n.2 (Pa. 1999). 6 In doing so, we explained that a police officer with reasonable grounds to believe a licensee was operating a vehicle while under the influence initially has unfettered discretion under Section 1547(a) to request the licensee to submit to one of the following types of chemical tests: breath, blood, or urine. | 1 | 2017–2017 |
Commonwealth v. Dunne
green
1 sentence2013Id. | 1 | 2013–2013 |
Com., Dept. of Transp. v. O'CONNELL
green
2 sentences2010Licensee maintains that, pursuant to Scott and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 9 “a motorist’s confusion which is caused by the police can vitiate a refusal,” (Licensee Br. at 16), and that his confusion rendered his refusal not knowing or conscious. 2010Licensee maintains that, pursuant to Scott and Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), 9 “a motorist’s confusion which is caused by the police can vitiate a refusal,” (Licensee Br. at 16), and that his confusion rendered his refusal not knowing or conscious. | 1 | 2010–2010 |
Lamond v. Commonwealth, Department of Transportation
green
2 sentences1999DOT relies on this Court’s decision in Lamond v. Department of Transportation, Bureau of Driver Licensing, 716 A.2d 1290 (Pa.Cmwlth.1998), to support its position that Officer Dziezgowski’s request for a second chemical test was reasonable. 1999DOT relies on this Court’s decision in Lamond v. Department of Transportation, Bureau of Driver Licensing, 716 A.2d 1290 (Pa.Cmwlth.1998), to support its position that Officer Dziezgowski’s request for a second chemical test was reasonable. | 1 | 1999–1999 |
Menosky v. Commonwealth
green
2 sentences1997DOT claims that the trial court erred in originally sustaining Light’s objection to the officer’s hearsay testimony, and DOT cites Menosky v. Commonwealth, 121 Pa.Cmwlth. 464 , 550 A.2d 1372 (1988), to support its view that the hearsay testimony is admissible over objection in order to explain the officer’s conduct. 1997DOT claims that the trial court erred in originally sustaining Light’s objection to the officer’s hearsay testimony, and DOT cites Menosky v. Commonwealth, 121 Pa.Cmwlth. 464 , 550 A.2d 1372 (1988), to support its view that the hearsay testimony is admissible over objection in order to explain the officer’s conduct. | 1 | 1997–1997 |
Commonwealth v. Marion
green
2 sentences1997Light relies upon Department of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa.Cmwlth. 172 , 528 A.2d 1090 (1987), and Department of Transportation v. Marion, 109 Pa.Cmwlth. 299 , 530 A.2d 1053 (1987), to support the position advanced by him that a second chemical test request was unwarranted in this instance. 1997Light relies upon Department of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa.Cmwlth. 172 , 528 A.2d 1090 (1987), and Department of Transportation v. Marion, 109 Pa.Cmwlth. 299 , 530 A.2d 1053 (1987), to support the position advanced by him that a second chemical test request was unwarranted in this instance. | 1 | 1997–1997 |
Blair v. Commonwealth
green
2 sentences1997Blair v. Commonwealth, 115 Pa.Cmwlth. 293 , 539 A.2d 958 (1988). 1997Blair v. Commonwealth, 115 Pa.Cmwlth. 293 , 539 A.2d 958 (1988). | 1 | 1997–1997 |
Commonwealth v. Edmunds
green
2 sentences1997Because of the remand of this case, it is unnecessary for the Court to respond to these points, other than to note that Commonwealth v. Ed-munds, 526 Pa. 374 , 586 A.2d 887 (1991), the case relied upon by Light, involved criminal proceedings in which a defendant must receive certain constitutional protections that are not required in wholly administrative civil license suspension proceedings. 1997Because of the remand of this case, it is unnecessary for the Court to respond to these points, other than to note that Commonwealth v. Ed-munds, 526 Pa. 374 , 586 A.2d 887 (1991), the case relied upon by Light, involved criminal proceedings in which a defendant must receive certain constitutional protections that are not required in wholly administrative civil license suspension proceedings. | 1 | 1997–1997 |
Wall v. Commonwealth
green
1 sentence1991Wall v. Commonwealth, 114 Pa.Commonwealth Ct. 397, 539 A.2d 7 (1988). | 1 | 1991–1991 |
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.