Imagine. You go into your doctor’s office for a routine physical. As part of that routine physical, the doctor takes your blood. You come back two weeks later where the doctor delivers the single worst sentence you have ever heard in your life: “I’m sorry but you have cancer.” Then comes ever worse news from…
read more »Category: DUI Innocence Project
Not everyone who is charged with a DUI is guilty. In fact, many of our clients have been acquitted or have had the charges against them dismissed, even in high BAC cases, even with blood tests.
Inspired by the work of The Innocence Project, we think of our work At The McShane Firm as the DUI Innocence Project.
If you are looking for aggressive DUI defense by an attorney who believes in your innocence, call 1-866-MCSHANE.
There is no such thing as the presumption of innocence in DUI cases
There’s no such thing as the presumption of innocence in modern day United States and Pennsylvania jury trials. It’s a sad fact that it seems as if a person, especially accused of a DUI, has to prove themselves to be innocent through the course of trial proceedings rather than the proper burden being applied both…
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DUI Witch Hunting
When I introduce myself as a Pennsylvania DUI lawyer to new people I get some mixed responses. Many people who are probably well intentioned see this as absolutely abhorrent. Then comes the inevitable question set in an offensive tone, “How do you defend THOSE people?”. This leads into discussions about carnage on the road and…
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DUI Tunnel Vision: How Contextual Bias leads to False Arrests
Contextual bias is a particular problem with respect to DUI arrests, not just in the state of Pennsylvania but in the entire country. Through often politicized law enforcement initiatives such as Operation Night Hawk and other similar DUI focused patrols, intense pressure is placed upon police officers and troopers to “hunt” drunk drivers. They are…
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How an opinion can cost you your license and your freedom
It is amazing to me how a Pennsylvania DUI is the only crime or charge that someone can be convicted of solely based on an opinion of another person. What I mean by that is that a police officer is frequently called upon during the course of a trial to render his layperson opinion (not…
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Putting Innocent People in Jail
I came across this article and it made me sick to my stomach. It made me mad and when you read it I’m sure you’ll be mad too. A “forensics” lab in San Diego was found to be producing faulty test results that lead to innocent people being convicted of being under the influence of…
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Dude, I just got convicted by a breath test machine that was state-of-the-art in 1984
I frequently talk to people about evidentiary breath testing. I explain the weaknesses of one infamous and silly device called the Intoxilyzer 5000. This is the breath test machine used by the Harrisburg Police Department and other surrounding police departments. After I explained a lot of the shortcomings it seems that about 9 out of…
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What Pac-Man and Inflated and Incorrect Blood Alcohol Content results have in common
See……there is this animatronic character that we all know called Pac-Man. Pac-Man has everything to do with inaccurate BAC results. Honestly, when was the last time you even thought about playing this great game. Well, here is your chance. Free Online Flash Games Since its release in May 22, 1980, the little pixel gobbling creature…
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Sources of Error in Forming Conclusions in a DUI context
In Pennsylvania DUI cases and in Pennsylvania DUI prosecutions, there is always the possibility of error by anyone from police officers to technical supervisors to toxicologists to forensic scientists to breath test operators to blood test operators to eyewitnesses to judges and even Juries. It is important for all of us to try to identify…
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Pennsylvania DUI Lawyer Justin J McShane is Interviewed by CNN’s Lisa Bloom on Juries in DUI cases
Lisa Bloom of CNN asks Justin McShane to comment on the types of Juries that we see in Central Pennsylvania DUI cases. Also they discuss the move towards stronger and tougher DUI laws in Pennsylvania. -Justin J. McShane, Esquire, Pennsylvania DUI Attorney I am the highest rated DUI Attorney in PA as Rated…
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