384 Pa. Super. 231 - Commonwealth v. Weaver’s Empirical Analysis
1989
Citation profile
7 state decisions
Relationships
Relies on Com., Dept. of Transp. v. McFarren · 345 Pa. Super. 341 - Commonwealth v. Person · 333 Pa. Super. 617 - Commonwealth v. Ignatavich · 316 Pa. Super. 397 - Commonwealth v. Stanton · 114 Pa. Commw. 397 - Wall v. Commonwealth
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“However, we find that McFarren, supra is inapposite presently. The appellant was not subjected to two separate blood alcohol tests pursuant to 75 Pa.C.S.A. § 1547(a). Rather, the appellant first submitted to a pre-arrest breath test as expressly authorized in 75 Pa.C.S.A. § 1547(k)- As the Commonwealth Court stated in Wall v. Commonwealth, 114 Pa.Cmwlth. 397 , [401], 539 A.2d 7, 9 (1988), ‘[W]e conclude that a preliminary breath test in the field, performed on an instrument which detects the presence of alcohol, is not one of the chemical tests of breath, blood or urine deemed to be consented to by section 1547(a).’ The pre-arrest breath test is simply another form of field sobriety test used by police officers when deciding whether a driving while intoxicated arrest should be made. Since the appellant was not subjected to two chemical tests of his blood as defined in 75 Pa.C.S.A. § 1547(a), we find that McFarren, supra, does not apply....”
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.