Com., Dept. of Transp. v. Zeltins

How courts have described this case

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

• finding of incapacity upheld where supported by evidence from three expert medical witnesses
• licensee was unable to make a knowing and conscious refusal due to a combination of the effects of her prescription medication and stress
• “Once DOT has established the requisite elements, the burden shifts to the driver to prove by competent evidence that he or she was physically unable to knowingly and consciously refuse chemical testing.”

Source: CourtListener parenthetical corpus (CC0).