9 Pennsylvania opinions name it 2 courts 2015–2025 6 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. Brewergreen1 sentence2025Regarding [Day]’s refusal to submit to chemical testing, 75 Pa.C.S.A § 1547(e) provides that a defendant’s refusal to submit to a BAC test may be used as evidence against the defendant[.] Trial Court Opinion, 8/9/2024, at unnumbered 4–5. ____________________________________________ 2 See Commonwealth v. Brewer, 876 A.2d 1029, 1035 (Pa. Super. 2005) (stating “It is the [a]ppellant who has the burden of establishing [her] entitlement to relief by showing that the ruling of the trial court is erroneous under the evidence or the law”). -7- J-S06022-25 Based upon our review of the record, and viewi | 1 | 1 |
Commonwealth v. Tarrachgreen1 sentence2024See id. | 1 | 1 |
Commonwealth v. Slonakergreen2 sentences2023See Commonwealth v. Slonaker, 795 A.2d 397, 402 (Pa. Super. 2002) (holding “the law is well settled that reasonable grounds to arrest does not require the failure of field sobriety tests[]“) [(citation omitted)]. 2023See Commonwealth v. Slonaker, 795 A.2d 397, 402 (Pa. Super. 2002) (holding “the law is well settled that reasonable grounds to arrest does not require the failure of field sobriety tests[]“) [(citation omitted)]. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Gause
green
2 sentences2025Id. 2023The officer testified that Gause was not “alcohol impaired,” and that the results of his field sobriety tests were “inconsistent,” because, as the officer acknowledged, “Gause’s leg injury could affect his ability to perform the walk-and-turn test and the one-leg stand test, and, thus, could affect the reliability of those tests.” Id. at 537 . | 2 | 2023–2025 |
Marchese v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
2 sentences2024On the one-leg stand test, he exhibited “one out of the four validated clues of impairment.” Id. 2024Trooper Arbogast also conducted a horizontal gaze nystagumus (HGN) test, during which Green remained “dazed” with “glassy, bloodshot eyes.” Id. | 1 | 2024–2024 |
Commonwealth v. Davis
green
1 sentence2017Id. | 1 | 2017–2017 |
Commonwealth v. Holmes
green
1 sentence2015(N.T. 2/2/2015, p. 28). 4 Circulated 11/16/2015 09:15 AM Commonwealth v. Holmes, 609 Pa. 1, 11-13 , 14 A3d 89, 95-96 (2011). | 1 | 2015–2015 |
Commonwealth v. Emler
green
1 sentence2015Id. | 1 | 2015–2015 |
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.