6 Pennsylvania opinions name it 2 courts 1988–2021 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 |
|---|---|---|
Commonwealth v. Penichgreen2 sentences1998Id. 535 A.2d at 298 (emphasis in original) (footnotes omitted). 1991If a blood or urine test is chosen,- it may only be administered once unless the police officer establishes a reasonable ground for requesting a second test.” Penich at 306 , 535 A.2d at 298 . (emphasis in original; footnote omitted) Where a motorist has submitted to an initial valid test, but declines to submit to a second test, there is no refusal within the meaning of section 1547(b). | 2 | 3 |
| 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. McFarren
green
2 sentences1988On appeal, the common pleas court ruled that the police officers request for a second chemical test was invalid and that “[i]f the officer suspected both alcohol and drugs, he should have requested a blood or urine test in the first instance, rather than subject the defendant [Licensee] to more than one test.” The court, accordingly, sustained Licensees appeal and the instant appeal by the Department followed. 2 The issue in this case requires interpretation of the recent plurality decision of our Supreme Court in Department of Transportation v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987). 1988On appeal, the common pleas court ruled that the police officers request for a second chemical test was invalid and that “[i]f the officer suspected both alcohol and drugs, he should have requested a blood or urine test in the first instance, rather than subject the defendant [Licensee] to more than one test.” The court, accordingly, sustained Licensees appeal and the instant appeal by the Department followed. 2 The issue in this case requires interpretation of the recent plurality decision of our Supreme Court in Department of Transportation v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987). | 2 | 1988–1988 |
Commonwealth v. Jackson
green
1 sentence2021Jackson, 536 A.2d at 881 . | 1 | 2021–2021 |
Commonwealth v. Fellmeth
neutral
2 sentences1991Commonwealth, Dept. of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa. Commw. 172 , 528 A.2d 1090 (1987). 1991Commonwealth, Dept. of Transportation, Bureau of Driver Licensing v. Fellmeth, 108 Pa. Commw. 172 , 528 A.2d 1090 (1987). | 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.