licensee refused test (Pennsylvania) · Go Syfert
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licensee refused test in Pennsylvania

6 Pennsylvania opinions name it 2 courts 1991–2003 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.

Followed or applied (1)

CaseFollowedCited
COM., DEPT. OF TRANSP. v. Kilraingreen
pacommwct · 1991 · cited in 3 Pennsylvania opinions naming this issue, 1991–1994
2 sentences

1994In Kilrain , this court held that a failure to complete a breathalyzer test is, per se, a refusal, and a "finding that a licensee made a good faith attempt to complete the breathalyzer test is irrelevant to the question of whether the licensee refused the test." Id. at 489-90, 593 A.2d at 935 .

1993Anything 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 .

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Postgate v. Commonwealth, Department of Transportation, Bureau of Driver Licensing green
pacommwct · 2001
2 sentences

2003Postgate v. Department of Transportation, Bureau of Driver Licensing, 781 A.2d 276 (Pa.Cmwlth.2001), petition for allowance of appeal denied, 568 Pa. 689 , 796 A.2d 320 (2002).

2002Postgate v. Department of Transportation, Bureau of Driver Licensing, 781 A.2d 276 (Pa.Cmwlth.2001), petition for allowance of appeal denied, 568 Pa. 689 , 796 A.2d 320 (2002).

22002–2003
Commonwealth v. Pestock green
pacommwct · 1990
2 sentences

2001Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990), petition for allowance of appeal denied, 528 Pa. 619 , 596 A.2d 801 (1991).

2001Department of Transportation, Bureau of Driver Licensing v. Pestock, 136 Pa.Cmwlth. 694 , 584 A.2d 1075 (1990), petition for allowance of appeal denied, 528 Pa. 619 , 596 A.2d 801 (1991).

12001–2001
Bureau of Traffic Safety v. Jones green
pacommwct · 1978
1 sentence

1993Anything 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 .

11993–1993

Statutes the citing opinions construe

PA § 75 Pa. Cons. Stat. § 1547 (6)

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.

Where else courts name it

PA 6 (1991–2003) MD 2 (1997–2009)

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.

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