Several weeks ago, I blogged on the Drug Recognition Expert (DRE) protocol and specifically the Finger-to-Nose Test and the Romberg Balance Test and I half jokingly wrote the following: In that post I concluded that Like many tests used at roadside [or in the DRE protocol], the designed and intended use of a legitimate and useful…
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.
Harmless Error Analysis: Is it really harmless?
t’s New Year’s day. Happy New Year. I might be the only one blogging on DUI today, but if you are reading this, then that means that you are like me in that we both want to learn as much as we can about DUI and the emerging trends nationally when it comes to DUI…
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DUI Innocence Project: 93% Wrong-False Use of Roadside Tests Can Lead to False Arrest
We have all heard of the “Innocence Project” which is a national joint legal and scientific project to identify and where appropriate re-examine cases where guilt has been found and after being examined with “fresh eyes” and with the use of DNA to either confirm or exonerate those actually convicted of a crime. To date,…
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The Problem with Drug Recognition Expert and Why it is Designed for Failure
When people think of DUI, they often think of Drunk Driving meaning drinking too much alcohol. There is, of course, another form of DUI that is referred to as DUID or Driving Under the Influence of Drugs, both legal prescription drugs and illegal drugs. As such, it now becomes very important for DUI Lawyers to…
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Omnibus Pretrial Motion: Was the DUI stop legal?
In our series What to Expect if You’re Expecting a DUI, we are taking an in depth look at the process you can expect to face if charged with a DUI in Pennsylvania. Last week we took a look at the Omnibus Pre-Trial Motion, and noted that this is an all encompassing motion wherein the…
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What to Expect if You’re expecting a DUI: Omnibus Pretrial Motion
We have been examining the steps in the process that a good Pennsylvania DUI Attorney would take in professionally and aggressively handling a Pennsylvania DUI. The next step you can expect to face is the preparing and filing of the Omnibus Pretrial Motion. In the Commonwealth of Pennsylvania, this must be filed within 30 days…
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I am facing DUI charges, should I elect to take a Preliminary Hearing?
I am facing DUI charges, should I elect to take a Preliminary Hearing? In Pennsylvania, you have a choice as to whether or not to “take” a Preliminary Hearing. As a lawyer who has represented thousands of DUI cases, I always recommend taking a Preliminary Hearing, especially in DUI cases. As I have mentioned before,…
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Do the Breath Machines Always Flag Acetone and Diabetics?
It is a national problem to be sure. It is an endemic and systemic problem. It is a problem that is pervasive and well-known within the scientific community. Yet, it is condoned. In his latest blog post, Bob Keefer, a fellow member of the National College for DUI Defense, Inc and a true trailblazer in…
read more »Do the Police ALWAYS tell the truth in DUI prosecutions?
Not every police officer lies. Not every police officer colors the truth. Not every police officer embellishes. But there are enough. If there is one that is too many. Let’s face it police officers are human. They are motivated like we all are. To not lose, to win. To do the job efficiently and some…
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What a Bunch of Poop: The CSI Effect
It seems that every day there is some sort of article in print that laments the poor position of prosecutors, their horrible burden and how unfair the CSI Effect is. Well, what is the truth? It seems that there is a CSI Effect, but not to acquit, but rather to convict. A reverse CSI Effect. What…
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