Legal Opinion

Todd v. COM., DEPT. OF TRANSP.

Supreme Court of Pennsylvania

Decided January 21, 1999No. 57 M.D. Appeal Docket 1998PublishedCited by 51 opinions

1Opinion of the Court

OPINION

SAYLOR, Justice.

This appeal was allowed to determine whether, for purposes of drivers’ license suspension under the implied consent provision of the Vehicle Code, 75 Pa.C.S. §1547(b)(l), a licensee must be afforded the entire three-minute period of a breathalyzer machine’s test cycle before his failure to provide a sufficient breath sample may be deemed a refusal to submit to a chemical alcohol test. Because we discern no such requirement, we reverse.

On March 4, 1995, Appellee, David Todd (“Todd”), was arrested for driving under the influence, 75 Pa.C.S. §3731(a), and submitted to a…

2Cases cited9 opinions

  1. Com., Dept. of Transp. v. O'CONNELLSupreme Court of Pennsylvania · 1989
  2. COM. DEPT. OF TRANSP. v. IngramSupreme Court of Pennsylvania · 1994
  3. Com., Dept. of Transp. v. RenwickSupreme Court of Pennsylvania · 1996
  4. COM., DEPT. OF TRANSP. v. BoucherSupreme Court of Pennsylvania · 1997
  5. Pappas v. Commonwealth, Department of TransportationCommonwealth Court of Pennsylvania · 1996

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

3Cited by51 opinions

  1. Banner v. COM., DEPT. OF TRANSP.Supreme Court of Pennsylvania · 1999
  2. Commonwealth, Aplt. v. Myers, D.Supreme Court of Pennsylvania · 2017
  3. Hudson v. Commonwealth, Department of Transportation, Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2003
  4. Nardone v. Commonwealth, Department of Transportation, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2015
  5. A. Factor v. Bureau of Driver LicensingCommonwealth Court of Pennsylvania · 2018

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

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