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11 Pennsylvania opinions name it 2 courts 1991–2024 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. Kilraingreen2 sentences2020Moreover, the ‘failure to complete a breathalyzer test, whether or not a good faith effort was made to do so, constitutes a refusal per se to take the test.’ Sweeney v. Dep’t of Transp., Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002) (en banc) (emphasis in original); see Dep’t of Transp., Bureau of Driver Licensing v. Kilrain, . . . 593 A.2d 932, 935 ([Pa. Cmwlth.] 1991) (en banc) (‘Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal.’). 2020Moreover, the “failure to complete a breathalyzer test, whether or not a good faith effort was made to do so, constitutes a refusal per se to take the test.” Sweeney v. Dep’t of Transp., Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002) (en banc) (emphasis in original); see Dep’t of Transp., Bureau of Driver Licensing v. Kilrain, 593 A.2d 932, 935 (Pa. Cmwlth. 1991) (en banc) (“Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal.”). | 9 | 10 |
Sweeney v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen2 sentences2020Moreover, the ‘failure to complete a breathalyzer test, whether or not a good faith effort was made to do so, constitutes a refusal per se to take the test.’ Sweeney v. Dep’t of Transp., Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002) (en banc) (emphasis in original); see Dep’t of Transp., Bureau of Driver Licensing v. Kilrain, . . . 593 A.2d 932, 935 ([Pa. Cmwlth.] 1991) (en banc) (‘Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal.’). 2020Moreover, the “failure to complete a breathalyzer test, whether or not a good faith effort was made to do so, constitutes a refusal per se to take the test.” Sweeney v. Dep’t of Transp., Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002) (en banc) (emphasis in original); see Dep’t of Transp., Bureau of Driver Licensing v. Kilrain, 593 A.2d 932, 935 (Pa. Cmwlth. 1991) (en banc) (“Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal.”). | 3 | 5 |
Negovan v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2020Contrary to Licensee’s contention that the officers were required to explain what conduct constitutes a “refusal,” our case law holds that the only warnings an officer is required to give a licensee are those required by the Implied Consent Law and the Pennsylvania Supreme Court’s decision in Department of Transportation, Bureau of Traffic Safety v. O’Connell, 555 A.2d 873 (Pa. 1989).6 Negovan v. Dep’t of Transp., Bureau of Driver Licensing, 172 A.3d 733, 736 (Pa. Cmwlth. 2017). | 1 | 1 |
Quick v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2019Id.; see Quick v. Dep’t of Transp., Bureau of Driver Licensing, 915 A.2d 1268, 1271 (Pa. Cmwlth. 2007) (“[A] licensee’s failure to provide two consecutive sufficient breath samples as required by 67 Pa. Code § 77.24 (b) (relating to breath test procedures), absent a proven medical reason that precludes the licensee from so doing, constitutes a refusal of the breath test as a matter of law.”); Dep’t of Transp., Bureau of Driver Licensing v. Kilrain, 593 A.2d 932, 935 (Pa. Cmwlth. 1991) (“Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer | 1 | 1 |
Commonwealth, Department of Transportation v. Bertagreen1 sentence2017Sweeney v. Department of Transportation, Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002); Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa. Cmwlth. 1996); Department of Transportation, Bureau of Driver Licensing v. Kilrain, 593 A.2d 932, 935 (Pa. Cmwlth. 1991) (“Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal”); Department of Transportation, Bureau of Driver Licensing v. Berta, 549 A.2d 262, 264 (Pa. Cmwlth. 1988). | 1 | 1 |
Pappas v. Commonwealth, Department of Transportationgreen1 sentence2017Sweeney v. Department of Transportation, Bureau of Driver Licensing, 804 A.2d 685, 687 (Pa. Cmwlth. 2002); Pappas v. Department of Transportation, Bureau of Driver Licensing, 669 A.2d 504, 508 (Pa. Cmwlth. 1996); Department of Transportation, Bureau of Driver Licensing v. Kilrain, 593 A.2d 932, 935 (Pa. Cmwlth. 1991) (“Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal”); Department of Transportation, Bureau of Driver Licensing v. Berta, 549 A.2d 262, 264 (Pa. Cmwlth. 1988). | 1 | 1 |
Bonise v. Commonwealthgreen2 sentences1999Unless both elements are present, there is no test.’ Id. at 1292 (quoting Bonise v. Department of Transportation, 102 Pa.Cmwlth. 6 , 517 A.2d 219, 220 (1986)). 1999Unless both elements are present, there is no test.’ Id. at 1292 (quoting Bonise v. Department of Transportation, 102 Pa.Cmwlth. 6 , 517 A.2d 219, 220 (1986)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Com., Dept. of Transp. v. O'CONNELL
green
1 sentence2020Contrary to Licensee’s contention that the officers were required to explain what conduct constitutes a “refusal,” our case law holds that the only warnings an officer is required to give a licensee are those required by the Implied Consent Law and the Pennsylvania Supreme Court’s decision in Department of Transportation, Bureau of Traffic Safety v. O’Connell, 555 A.2d 873 (Pa. 1989).6 Negovan v. Dep’t of Transp., Bureau of Driver Licensing, 172 A.3d 733, 736 (Pa. Cmwlth. 2017). | 1 | 2020–2020 |
Todd v. COM., DEPT. OF TRANSP.
green
2 sentences2002Kilrain, 593 A.2d at 935 (emphasis added). [1] See Todd v. Department of Transportation, Bureau of Driver Licensing, 555 Pa. 193 , 723 A.2d 655 (1999) (stating that a motorist must be allowed a reasonable and sufficient opportunity to complete chemical alcohol testing). [2] The majority characterizes Winek's testimony as conjecture and mere possibilities. 2002Kilrain, 593 A.2d at 935 (emphasis added). [1] See Todd v. Department of Transportation, Bureau of Driver Licensing, 555 Pa. 193 , 723 A.2d 655 (1999) (stating that a motorist must be allowed a reasonable and sufficient opportunity to complete chemical alcohol testing). [2] The majority characterizes Winek's testimony as conjecture and mere possibilities. | 1 | 2002–2002 |
Lamond v. Commonwealth, Department of Transportation
green
1 sentence1999Unless both elements are present, there is no test.’ Id. at 1292 (quoting Bonise v. Department of Transportation, 102 Pa.Cmwlth. 6 , 517 A.2d 219, 220 (1986)). | 1 | 1999–1999 |
Bureau of Traffic Safety v. Jones
green
1 sentence1993Anything less than a completed breathalyzer test which registers a blood alcohol reading on the breathalyzer constitutes a refusal.” Id. at 489-490 , 593 A.2d at 935 . | 1 | 1993–1993 |
COM., DEPT. OF TRANSP. v. Beatty
green
2 sentences1992See PennDOT, Bureau of Driver Licensing v. Kilrain, 140 Pa. Commw. 484 , 593 A.2d 932 (1991), appeal denied, 600 A.2d 541 (1991); PennDOT, Bureau of Driver Licensing v. Beatty, 143 Pa. Commw. 272 , 598 A.2d 1069 (1991). 1992See PennDOT, Bureau of Driver Licensing v. Kilrain, 140 Pa. Commw. 484 , 593 A.2d 932 (1991), appeal denied, 600 A.2d 541 (1991); PennDOT, Bureau of Driver Licensing v. Beatty, 143 Pa. Commw. 272 , 598 A.2d 1069 (1991). | 1 | 1992–1992 |
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.