How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case There is a large difference between a DUI lawyer and a DUI Lawyer-Scientist. As I wrote before, I am not just a lawyer, not just a defense lawyer, but a trained Lawyer-Scientist. There are not too many of us out there,…
read more »Category: Forensic Science
The science of the Justin Bieber DUI case: How a lawyer-scientist can help
The science of the Justin Bieber DUI case: How a lawyer-scientist can help [Updated on 26 January 2014 at 905 am EST entitled “The Problem with the Resisting Arrest without Violence charge.”] [Updated on 31 January at 1216 pm EST to include the TMZ link to the GPS records.] There are a lot of my…
read more »Oral Fluid Drug Test-Frye and Daubert hearings-The future of DUID enforcement
Oral Fluid Drug Test for DUID cases: Frye and Daubert hearings The future is Oral Fluid Drug Test. The writing is on the wall. Through increased federal funding and a re-prioritization of law enforcement, Driving Under the Influence of Drugs (DUID) is an emerging enforcement priority by police across America. The difficulty has been in…
read more »
Bad Haircuts and Bad Blood Tests
In Pennsylvania you need a license to cut hair. There is a state mandated examination that has two parts practical and theoretical. There is a biennial licensing fee. There is a central body: The State Board of Barber Examiners. All to ensure the we don’t get bad hair cuts. However, to be a lab technician…
read more »
Tiger Woods’ Bad Drop and Police Crime Labs
Everyone has to live by the rules. Tiger Woods is immensely popular and is credited with bringing the sport of golf unprecedented attention. Golf existed long before Tiger but not with the same TV coverage, endorsements and crowds in attendance. If anyone should have a rule waived in their favor it would be Tiger. But…
read more »
Attorney McShane Published in NCDD Journal
Recently, I had an article published the journal of the National College for DUI Defense. The article was entitled, “Why I Don’t Stipulate to Forensic Tests.” In legal terminology, stipulating to a test means to accept the results as true and accurate. In other words, it is established and is beyond any question. In the…
read more »
Innocence! Forensic Science, Chemistry and the Law features the Innocence Project and Wrongful Convictions
The American Chemical Society’s Chemistry and the Law Division and its Forensic Science Co-Chairmen, Justin McShane, Esq. of Harrisburg, PA and Josh D. Lee, Esq. of Vinita, OK, are proud to announce a full-day presentation on the work of the Innocence Project. Forensic Science often plays a tragic role in the conviction and wrongful imprisonment…
read more »
More Crime Lab Problems: Philly Lab Tech Flunk Competency Test
Am I really asking for too much? All I really want from a crime lab is: Validated techniques Proper supervision Adherence to scientific standards Competent technicians who do their job properly and time and time again we find out that these simple requests are not being met. Philly crime lab technicians flunk competency test THREE…
read more »
More Blood Test Woes
Once again, DUI blood testing has been compromised by sloppy and reckless technicians: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered The state is retesting 1,700 DUI blood samples after a laboratory employee failed to follow proper procedures, which skewed the results of the tests. The mistakes open the…
read more »
Forced Blood Draws leads to Police Brutality
“No refusal” initiatives are becoming more and more common across the country. However, these forced blood draws open the door for police brutality through excessive use of force. We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To…
read more »