Commonwealth v. Lohner’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “constitutes a per se refusal to submit to chemical testing. .I have attempted to frame this dissent in a manner that does not conflict with Kilrain; however, to the extent that my position here is seen to contradict that opinion, I register my belief that Kilrain was wrongly decided for the reasons set forth in the dissenting opinions of Judges McGinley and Pellegrini. Moreover, contrary to the holding in Kilrain, I am convinced that an unsuccessful good-faith effort to supply a sufficient breath sample is not a refusal. Black’s Law Dictionary 1152 (5th ed. 1979) defines”

   1 later decision quote this exact passage
   e.g. Mueller v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

2. “[the licensee] submitted to the breathalyzer twice; however, the trial court specifically found that [the licensee] made only one valid breath test. The trial court determined that [the licensee's] second sample was invalid because the breathalyzer machine printout registered a”

   1 later decision quote this exact passage
   e.g. Reinhart v. Commonwealth, Department of Transportation, Bureau of Driver Licensing