They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous…
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.
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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Judge Coaches Prosecutor in DUI Case
Judges are supposed to be neutral, detached and wholly impartial. Sometimes, they are not: Former Mount Laurel judge reprimanded by N.J. Supreme Court A former Mount Laurel municipal judge, who still presides over courts in Delanco and Palmyra, was reprimanded Friday by the New Jersey Supreme Court for being partial to the state in a…
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DUI Arrests Purposely Targeting Innocent People
You may be surprised to learn that some DUI laws in Pennsylvania specifically target innocent people. Yes, even if you haven’t had a sip of alcohol or abused any illicit drugs, you can still be arrested for DUI and charged with a DUI equivalent to those with “Highest Rate” blood alcohol levels. Even for a…
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DUI Checkpoints: Where’s the Beef?
Politicians and law enforcement officials tout DUI checkpoints as an effective measure against DUI. The way they talk it up, you would think it’s the ultimate, super-duper, magic weapon to put an end to drunk driving forever. The reality is, however, starkly different. Basically there is a whole lot of talk and no results: If…
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Prisons for Profit- Looking to Grow by Acquiring New “Customers”
We have touched on the issue of policing for a profit before: DUI Policing for Profit Explained. This concept is growing further in its reach and more dangerous in its effects. The issue is spreading because politicians and lawmakers don’t seem to have a problem with it and many actually benefit from it. Now even…
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Another Sad Tale of Injustice- Brought to you by Our Justice System
A man is thrown into solitary confinement for two years, denied medical treatment and is forced to pull his own tooth as a result of a DUI accusation. You may think this report is from a third world dictatorship, but lo and behold, this happened to a man in the state of New Mexico. Man…
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Suspended Before a DUI Conviction- Is this Even Constitutional?
According to local reports, a judge in Northampton County Pennsylvania has suspended the driver’s license of some of those suspected for DUI, even before the matter has been resolved in court: Policy of taking licenses before a DUI conviction draws critics The Salisbury Township woman insisted she was innocent of allegations she had driven drunk,…
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High Error Rates in State Crime Labs Lead to False Convictions
One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific. This couldn’t be further from the truth. The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry…
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A DUI Attorney with Guts
DUI is not a minor criminal offense. The Commonwealth of Pennsylvania has attached very heavy penalties to DUI charges which means even a first offense can lead to jail time, hefty fines and a lengthy license suspension. On top of all of that, your insurance premiums will increase and you may lose out on job…
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