Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about PA DUI laws and related topics. Today:
Dear Justin,
I have read a number of posts on your blog and I am frankly appalled by the way you are helping keep drunk drivers on the road. Don’t you have a conscious? How do you sleep at night knowing that you are endangering the public?
Sincerely,
A Concerned Mother
York, PA
Before I answer your question, I would like to thank you for taking the time out to air your concerns because this give me a chance to clear up some of the confusion that many people have about DUI and criminal defense attorneys.
Please keep in mind this important fact, I do not make the decisions about who is guilty and not guilty of a crime. Judges and juries make these decisions. My only job is to present the facts of the case and ensure that the prosecution has met its burden of proof of guilt beyond a reasonable doubt. I have tried many DUI cases and not once has a judge dismissed a case just because they liked me. Every single case that has been dismissed, withdrawn or the accused found not guilty, because of a legal, factual or scientific issue that warrants that action.
Without defense attorneys, fair trials and due process, our society would step back into the days of the Salem Witch Trials. People would be guilty of a DUI just because they have been accused (Please see my post DUI Witch Hunting).
In reality, defense attorneys work hard to protect their clients from false prosecution. If you doubt the dark reality of false prosecutions, please take a look at the Innocence Project and see how many people have been exonerated. The nature of DUI cases and the heavy reliance on intangible evidence that is truly subjective in nature makes these cases especially prone to mistakes. There are many sources of error which can include:
- Faulty breath machines
- Contamination of blood samples
- Sloppy work at criminal labs
- Medical conditions being misinterpreted as DUI (i.e. diabetes, cyclic vomiting syndrome, cerebral palsy)
- Corrupt police officers
- DUI Tunnel Vision
- Improper administration of field sobriety tests
Many people are falsely arrested and falsely charged with DUI offenses in Pennsylvania. These are people like you and I whose lives, freedom, dignity and careers are being jeopardized by a false DUI charge. My question is, if you were falsely arrested for a DUI, wouldn’t you want a qualified DUI lawyer to defend your rights?
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.