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6 Pennsylvania opinions name it 1 courts 1999–2026 2 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. Snellgreen2 sentences2019Further, this Court has held “the Commonwealth must prove, by a preponderance of the evidence, that an individual subjected to a breathalyzer test did not ingest anything for the 20 minutes prior to administration of the test, but that ‘observation,’ as used in 67 Pa. Code § 77.24 (a), did not mean ‘eyes on his mouth 100% of the time.’” Commonwealth v. Snell, 811 A.2d 581, 586 (Pa. Super. 2002) (citing Barlow, 776 A.2d at 275 ). 2017“In [ Barlow, supra], we stated the Commonwealth must prove, by a preponderance of the evidence, that an individual subjected to a breathalyzer test did not ingest anything for the [twenty] minutes prior to administration of the test, but that ‘observation,’ as used in 67 Pa.Code § 77.24(a), did not mean ‘eyes on his mouth 100% of the time.’” Commonwealth v. Snell, 811 A.2d 581, 586 (Pa. Super. 2002), appeal denied, 820 A.2d 162 (Pa. 2003). | 2 | 2 |
Commonwealth v. Barlowgreen2 sentences2026This Court, in Barlow, interpreted subsection 77.24(a) and concluded that “observation” does not require “eyes on [defendant’s] mouth 100% of the time[,]” Barlow, 776 A.2d at 275-76 . 2022We have held that compliance with the 20-minute rule goes “go to the trustworthiness of the evidence.” Commonwealth v. Barlow, 776 A.2d 273, 275 (Pa. Super. 2001). | 1 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Little
green
2 sentences1999Since the 1986 decision in Commonwealth v. Little, 354 Pa.Super. 546 , 512 A.2d 674 (1986), the Pennsylvania Code has been modified so as to require specifically that certification be done by a laboratory independent of the manufacturer. 11 . 1999Since the 1986 decision in Commonwealth v. Little, 354 Pa.Super. 546 , 512 A.2d 674 (1986), the Pennsylvania Code has been modified so as to require specifically that certification be done by a laboratory independent of the manufacturer. 11 . | 1 | 1999–1999 |
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.