One popular "solution" to the DUI problem is to toughen the laws and make harsher penalties. Here in Pennsylvania, that still wouldn’t work because of shoddy police work. All it will do is lead to more truly factually or legally not guilty citizens among us being convicted and punished. Here is an investigation from last…
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Cognitive Bias: An Interview with Justin McShane
I was interviewed recently by Christine Funk for The Women’s Information Network about cognitive bias. Here is the link: Cognitive Bias: An Interview with Justin McShane In this interview I explain the flaw in every single one of us humans suffers from called cognitive or contextual bias. I have blogged before about how this effects…
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Faulty Machines Lead to 400 DUI Convictions in D.C.
Just because someone blows a high number, doesn’t mean they are guilty of DUI. These breath machines are quirky and if not calibrated properly (a very common problem) they can yield artificially high measurements. They are not specific or selective for exclusively drinking alcohol or ETOH. Look what happened in our nation’s capital: 400 drunken-driving…
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Police Brutality and DUI: Forcible Blood Draws
Some states have passed laws enacting mandatory DUI blood testing meaning that police officers can forcibly draw blood from an unwilling suspect. This means that even if they refuse to provide a sample of their breath or blood upon demand that the police can apply for a search warrant using forms that are pre-made and…
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Record Number of Pennsylvania DUI Arrests: A lot of Unanswered Questions
A recent report from The Republican-Herald: Pa. State Police make record number of DUI arrests HARRISBURG, Pa.—Pennsylvania State Police say they made a record number of DUI arrests last year while the number of alcohol-related fatalities dropped more than 10 percent. Commissioner Frank Pawlowski says troopers made 16,900 DUI arrests in 2009, a 4…
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Harrisburg DUI: Do they arrest people for DUI in Harrisburg?
I was just asked by someone just today: Do they arrest people for DUI in Harrisburg? I asked that person, "Absolutely". I went on to tell that person that unlike other areas in the country where a police officer may call a cab or offer a person a ride home, it is quite clear that…
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Police Oppose Anti-lying Policy
Should a police officer have to be ordered to tell the truth? My office and I have litigated thousands of DUI and criminal cases all over Pennsylvania. In this time I have met hundreds of Pennsylvania police officers. In my opinion, most are very sincere in trying to perform their sworn duties with integrity. However,…
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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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