131 Pa. Commw. 155 - Luckey v. Commonwealth’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) General rule. — Any person who drives, operates or is in actual physical control of the movement of a motor vehicle in this Commonwealth shall be deemed to have given consent to one or more chemical tests of breath, blood or urine for the purpose of determining the alcoholic content or the presence of a controlled substance if a police officer has reasonable grounds to believe the person to have been driving, operating or in actual physical control of the movement of a motor vehicle: (1) while under the influence of alcohol or a controlled substance or both; or (2) which was involved in an accident in which the operator or passenger of any vehicle involved or a pedestrian required treatment at a medical facility or was killed. (b) Suspension for refusal.— (1) If any person placed under arrest for a violation of section 3731 (relating to driving under the influence of alcohol or controlled substance) is requested to submit to chemical testing and refuses to do so, the testing shall not be conducted but upon notice by the police officer, the department shall suspend the operating privilege of the person for a period of 12 months. (2) It shall be the duty of the police officer to inform the person that the person’s operating privilege will be suspended upon refusal to submit to chemical testing. (3) Any person whose operating privilege is suspended under the provisions of this section shall have the same right of appeal as provided for in cases of suspensions for other reaso”

   1 later decision quote this exact passage
   e.g. 136 Pa. Commw. 342 - COM., DEPT. OF TRANSP. v. Fiester

2. “This court quoted the O’Connell holding and stated: This holding presupposes that the order of events is that the Miranda warnings were given prior to the request to submit to testing and that there was confusion on the licensee’s part regarding his right to refuse to take the test until he has at least spoken to his attorney. The present case, however, is factually distinguishable from O’Connell. The order of events required to ‘activate’ the O’Connell rule is not present here. Unlike O’Connell, here Licensee was arrested for driving under the influence; he was requested to submit to a breathalyzer test; he next refused to submit to the test; he then requested the police to contact his attorney for him; and finally, he was read his Miranda rights. Accordingly, there was no possible way Licensee could have been confused over his right to confer with counsel before he refused the test____ ... The Commonwealth therefore satisfied its burden, and since Licensee did not request his attorney until after he refused to take the breathalyzer test, we perceive no error by the trial court in finding O’Connell to be distinguishable and, therefore, inapplicable.”

   1 later decision quote this exact passage
   e.g. Wilson v. Commonwealth

3. ““[W]here an arrestee requests to speak to or call an attorney, or anyone else, when requested to take a breathalyzer test, we insist that in addition to telling an arrestee that his license will be suspended for one year if he refuses to take a breathalyzer test, the police instruct the arrestee that such rights are inapplicable to the breathalyzer test and that the arrestee does not have the right to consult with an attorney or anyone else prior to taking the test.””

   1 later decision quote this exact passage
   e.g. Kosar v. PennDOT