At The McShane Firm, we take pride in our unwavering commitment to defending our clients vigorously. In the realm of criminal defense, details matter, and one such crucial detail is the “chain of custody.” In this blog post, we will delve into what chain of custody is, its significance, and how recent mishaps in Pennsylvania…
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Understanding Uncertainty Measurement in DUI Prosecutions: Breath and Blood Testing
Introduction In DUI prosecutions, accurately determining the level of alcohol or drugs in a person’s system is crucial. Breath and blood testing are two common methods used to measure the presence of alcohol or drugs. However, these testing methods are not infallible, and uncertainty measurements must be taken into consideration when evaluating the results. This…
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Why The McShane Firm? We Know Blood Testing
There are a lot of law firms out there who are willing to take on your criminal or DUI case, but there is only one McShane Firm. So how is the McShane Firm different and better than the rest? In this series, we will take a look at some factors you should consider when choosing…
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But they took a blood test…
Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true. A DUI blood test is a piece of paper with a result. In reality, it is an opinion….
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How Much Blood is Actually Tested?
One of the common misconceptions about DUI blood testing is that people think that an entire 10 ml vial of blood is tested. It is not. The actual amount tested can be seen in the picture below. (Note: There is a difference in the two vials. Can you tell what it is?) The vial on…
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Breaking News: Blood Tests Invalid in Lebanon County
A ruling by all of the judges in the Court of Common Please in Lebanon County has rendered DUI blood tests inadmissible there. The issues stems from problems with the way Good Samaritan Hospital (GSH) conducts blood tests. There are two main issues that the court found: 1. The Use of Supernatant vs. Whole Blood…
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The Truth About Forcible Blood Draws
The 4th Amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things…
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Do You Believe in DUI Blood Tests?
A frustrated judge once asked me, “Justin why don’t you ever stipulate to a forensic science result?” They answer is simple: Because they are not reliable. For those who are not familiar with the terminology, “stipulating” means accepting the result of a forensic test without questioning it. Many The vast majority of lawyers do this,…
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DUI Myth Busters: High BAC Can’t be Won
Many people who are charged with a DUI believe that cases with a reported High BAC number cannot be won. This, however, is not correct. (At The McShane Firm, we have won many high BAC cases in the past: High BAC cases won by The McShane Firm) A good DUI lawyer is trained in how…
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Crime Labs Positive. Retests Show Substance was not Present in the First Place!
Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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