7 Pennsylvania opinions name it 3 courts 1973–2019 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.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Gallaghergreen2 sentences1973We have said, in Commonwealth v. Gallagher, 3 Pa. Commonwealth Ct. 371, 374 , 283 A. 2d 508, 509-10 (1971), that “Section 624.1 and its precursors from other jurisdictions were intended to supply scientific, physiological proof of the presence or absence of the influence of intoxicants . . . thus [providing] means of accounting for aberrant behavior otherwise than as symptomatic of the inevitable blow on the head.” Had appellee consented to either a breath or blood test his aberrant behavior could more accurately be ascribed to a blow on the head or to simple intoxication. 1973We have said, in Commonwealth v. Gallagher, 3 Pa. Commonwealth Ct. 371, 374 , 283 A. 2d 508, 509-10 (1971), that “Section 624.1 and its precursors from other jurisdictions were intended to supply scientific, physiological proof of the presence or absence of the influence of intoxicants . . . thus [providing] means of accounting for aberrant behavior otherwise than as symptomatic of the inevitable blow on the head.” Had appellee consented to either a breath or blood test his aberrant behavior could more accurately be ascribed to a blow on the head or to simple intoxication. | 1 | 2 |
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensinggreen1 sentence2019In other words, as this Court explained in Boseman v. Department of Transportation, Bureau of Driver Licensing, 157 A.3d 10, 21 (Pa. Cmwlth.), appeal denied, 170 A.3d 996 (Pa. 2017), Birchfield does not apply to civil license suspension appeals under Pennsylvania’s Implied Consent Law. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Birchfield v. N. Dakota. William Robert Bernard
green
2 sentences2018In Birchfield , the challenge was to two similar laws, one from Minnesota and the other from North Dakota, that made it a crime for a motorist suspected of DUI to refuse a breath or blood test required under those states' implied consent laws. 579 U.S. at ----, 136 S.Ct. at 2170 -72 . 2018Id. at 2170-72 . | 2 | 2018–2018 |
Commonwealth v. Mobley
green
2 sentences2015Commonwealth v. Mobley, 14 A.3d 887 (Pa.Super. 2010). 2015Commonwealth v. Mobley, 14 A.3d 887 (Pa.Super.2010). | 2 | 2015–2015 |
Boseman v. Commonwealth, Department of Transportation, Bureau of Driver Licensing
green
1 sentence2019In other words, as this Court explained in Boseman v. Department of Transportation, Bureau of Driver Licensing, 157 A.3d 10, 21 (Pa. Cmwlth.), appeal denied, 170 A.3d 996 (Pa. 2017), Birchfield does not apply to civil license suspension appeals under Pennsylvania’s Implied Consent Law. | 1 | 2019–2019 |
Hill v. Department of Transportation
neutral
2 sentences1977In Com. v. Gallagher, 3 Pa. Commonwealth Ct. 371 , 283 A. 2d 508 (1971), it was held that “the failure of law enforcement officers to advise the appellee that he would be permitted to undergo an additional test by a physician of his own choosing was not an infringement of any constitutional right. ...” And see Hill v. Dept. of Transportation, 28 Pa. Commonwealth Ct. 42 , 367 A. 2d 753 (1976). 1977In Com. v. Gallagher, 3 Pa. Commonwealth Ct. 371 , 283 A. 2d 508 (1971), it was held that “the failure of law enforcement officers to advise the appellee that he would be permitted to undergo an additional test by a physician of his own choosing was not an infringement of any constitutional right. ...” And see Hill v. Dept. of Transportation, 28 Pa. Commonwealth Ct. 42 , 367 A. 2d 753 (1976). | 1 | 1977–1977 |
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.