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Legal Opinion

Commonwealth v. Rutan

Superior Court of Pennsylvania

Decided June 21, 1974No. Appeal, 684PublishedCited by 23 opinions

1Opinion of the Court

Opinion by

Spaeth, J.,

This appeal presents one question: Must a person lawfully requested to take a breathalyzer test be told that he can refuse to take the test and that the results of the test or evidence of his refusal can be used against him at trial? The answer is no.

Under the terms of the “implied consent law”, The Vehicle Code, Act of April 29, 1959, P. L. 58, §624.1, added by Act of July 28, 1961, P. L. 918, §1, as amended by Act of July 31, 1968, P. L. 758, No. 237; §1; Act of December 22, P. L. 392, §1, a person may be asked to submit to a breathalyzer test where there are…

2Cases cited8 opinions

  1. Commonwealth v. QuarlesSuperior Court of Pennsylvania · 1974
  2. Commonwealth v. RobinsonSuperior Court of Pennsylvania · 1974
  3. Bettie Jane Newhouse v. John Misterly, SheriffCourt of Appeals for the Ninth Circuit · 1969
  4. Commonwealth v. AbrahamCommonwealth Court of Pennsylvania · 1973
  5. People v. KovacikNew York Court of Special Session · 1954

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Commonwealth v. KlochSuperior Court of Pennsylvania · 1974
  2. Commonwealth v. BensonSuperior Court of Pennsylvania · 1980
  3. Commonwealth v. ReynoldsSuperior Court of Pennsylvania · 1978
  4. Commonwealth v. FunkSuperior Court of Pennsylvania · 1978
  5. Commonwealth v. HippSupreme Court of Pennsylvania · 1988

18 more not listed; retrieve them via the Exa API.

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