Banner v. COM., DEPT. OF TRANSP.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the statute aims to prevent “circumstances where a motorist is driving his vehicle while under the influence of alcohol”
• \Thus the licensee's operating privileges could be suspended for refusing chemical testing even though the initial stop of his vehicle did not comport with constitutional mandates.\
• “[A]t the very least, there must be some objective evidence that the motorist exercised control over the movement of the vehicle at the time he was intoxicated.”
• distinguishing Section 1547's reasonable grounds requirement from probable cause
• distinguishing Section 1547's reasonable grounds requirement from probable cause
• “[r]easonable grounds exist when a person in the position of the police officer, viewing the facts and circumstances as they appeared at the time, could have concluded that the motorist was operating the vehicle while under the influence of intoxicating liquor”

Source: CourtListener parenthetical corpus (CC0).