In my years of defending DUI cases in Pennsylvania, one of the most common misconceptions I come across is people questioning why I support DUI. The fact of the matter is, I don’t support drunk driving. It is dangerous and many lives are needlessly lost because of DUI each year. Asking a DUI defense attorney “why they support DUI” is akin to asking The Innocence Project “why they support murders.” Criminal defense attorneys do not support or encourage crime, they support and encourage justice.
As a DUI defense attorney, I call for reform in the justice system because too many people are being falsely arrested and falsely convicted of DUI. They are too many problems that are going unchecked that undermine the justice system and put all of us at risk of a false conviction. Some of these problems include:
- Police officers who have very little training in DUI detection
- Faulty and inaccurate breath testing equipment
- Lack of oversight to ensure DUI testing equipment is working properly
- Field sobriety tests that are not scientifically validated
- Field sobriety tests do not tell whether the suspect is intoxicated- there are many people who may stumble when asked to stand on one leg for 30 seconds for reasons other than being drunk
- Blood testing is inaccurate
- Crime lab technicians are overworked, under-trained and many lack education in science to begin with
- Rampant lack of oversight in crime labs
- Corrupt police officers try to inflate DUI arrests for their own personal gain
- Prosecutors have been known to conceal evidence
On top of all of these uncertainties, the penalties for DUI are extremely harsh and will affect those convicted for the rest of their lives even if it is the only blemish on their criminal record. They may end losing job opportunities and will be humiliated when anyone searches their criminal record for the rest of their lives.
As a professional Pennsylvania DUI attorney I fight for justice so that innocent people are not convicted of a DUI under such unreliable circumstances.
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.
John McWilliams says:
Bravo Justin
I live in Indiana in one of the backwoods counties surrounding Indianapolis I have 2 DUIs. My 1st was flat out a DUI I was an idiot and I admit it.. 3 years later I was driving home through the infamous Indiana capital of DUIs.
I dropped my phone and was trying to pick it up. I swerved slightly on to the emergency lane of the highway. Did not think a thing of it. [ What a fool I was] My exit was the next 1 about 8 miles a ahead on I 70 . Low and behold there was a a hancock county sheriff sitting in the middle of highway. I give u 1 guess who he pulled out and took after. Dui was the last thing on my mind.They turned my car upside down, called 4 the drug hounds. Nothing nothing!! He TOLD Me !! he was going to give me the stupid human tricks test Keep n mind the breathaliser came up negitive. Like a dummy I was under the inpression that I would automaticly loose my DLs 4 a year so I submitted 2 it knowing I would suck at it.[Note I have layed carpet for over 30 years muiltiple operations on kness. suprise I looked like I was was drunk on my ass [ looking back if I had known I would have refused because eather way they were going take me to draw blood] I have been prescribed hydrocodone for ever, 4 a military injury. Low and behold I came up positive for opys What a suprise.I sat n the 50% degree tank 4 24 hours to be allowed 2 sober up, sober as a judge. 1K$$ to bail out, that I did not have and never 2 c again.1st court date ask for court appionted Approved. What a joke!! all he wanted 2 do was to take a plea telling me i was looking at 2 years in prison {4 the record other than my 1st DUI I had O offenses 1 more time What an idiot I was.In Indiana 2 DUI conviction n 5 years is a felony.As I look back I should have asked 4 a jury trial and defended my self . My illustries joke 4 a attoney told me that if I did plead not guilty we would go with jury trial because the fabulas rubber stamping judge was BIG TIME pro prosecutor friendly. What a county!!. Old prosecter Mr. Friendly gave with My approval 6 months house arrest, 400 hours community service and 2 years acctive probation $$$$$$$$$$$ What I know now just errr! smokes my shorts.If I could have afforded u I am sure all charges would have been dropped, 4 no other reason than the charges were pure uadultadrated BULL SHIT!! I am all 4 law enforcement and DUI inforcment to the total exstent of the law. But this Hancock county is a back woods joke. I have read several opinion articals n the Indianapolis star about others being raped by this county.I would love nothing better than to here back from u Justin as 2 what u think about this and is it the same n PA.??What is the saying after being raped u feel violated! Let me tell u I am n total fear when I drive now , I begin 2 hyper ventilate when a cop gets behind me. Waa Waa wine and cry. If I get another 1 I will get 2 years in a PRISON!! Take care and hope to hear what u think
Regards John
Justin J. McShane, Esquire says:
Feel free to give us a call. If we cannot help you out, we will help you find someone who can help you. That’s what we do, help people.
John McWilliams says:
Hi Justin Thx 4 speedy reply. I would most definitly do that ( i have $$$s now but this all happened over 3 yeqars ago. I hope i am wrong but my un educated thougt is it is way past doing any thing about it now ????? If not let me know.
You have a great week end Justin
Regards john