2013 Pa. Super. 281 - Commonwealth v. Barr’s Empirical Analysis
2013
Citation profile
1 state decisions
Relationships
Relies on Apprendi v. New Jersey · Alleyne v. United States · Com., Dept. of Transp. v. O'CONNELL · Commonwealth v. Fletcher · Commonwealth, Department of Transportation, Bureau of Driver Licensing v. Scott
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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The O’Connell warnings were first announced in Commonwealth, Department of Transportation, Bureau of Traffic Safety v. O’Connell, 521 Pa. 242 , 555 A.2d 873 (1989), In a later opinion, our Supreme Court explained both the O’Connell warnings and the reasoning behind the warnings: in order to guarantee that a motorist makes a knowing and conscious decision on whether to submit to testing or refuse and accept the consequence of losing his driving privileges, the police must advise the motorist that in making this decision, he does not have the right to speak with counsel, or anyone else, before submitting to chemical testing, and further, if the motorist exercises his right to remain silent as a basis for refusing to submit to testing, it will be considered a refusal and he will suffer the loss of his driving privileges[. T]he duty of the officer to provide the O’Connell warnings as described herein is triggered by the officer’s request that the motorist submit to chemical sobriety testing, whether or not the motorist has first been advised of his Miranda rights. Commonwealth, Dep’t of Transp., Bureau of Driver Licensing v. Scott, 546 Pa. 241 , 684 A.2d 539 , 545 (1996).”
1 later decision quote this exact passage“It shall be the duty of the police officer to inform the person that: (i) the person’s operating privilege will be suspended upon refusal to submit to chemical testing; and (ii) if the person refuses to submit to chemical testing, upon conviction or plea for violating section 3802(a)(1) [(concerning DUI, general impairment)], the person will be subject to the penalties provided in section 3804(c) (relating to penalties).”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.