One of the main problems with DUI breath testing is that individual police departments are responsible for making sure the machines are working properly. There are no checks and balances. Imagine a restaurant conducting its own food and health inspections. It makes no sense. Well then why does it make sense for the police to…
read more »Category: DUI Science
Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?
Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension. We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean…
read more »
Is Scientific Evidence Really Accurate?
When a forensic science analyst’s testimony is brought to the courtroom, along with its test tubes and white lab coats, many times a jury accepts it as “scientific fact.” Juries are left with the impression that the evidence is more scientific than it actually is. However, many times faulty forensic data leads to wrongful…
read more »
Can I be Arrested for Using Prescription Drugs?
Under Pennsylvania impaired driving laws, police can charge you with drugged driving (also called “DUID”), even if you’re taking a prescription drug under a valid prescription. The rationale behind this is that some of these drugs may cause impairment. You can be arrested for consuming a number of prescription drugs, the following are some common prescription drugs we…
read more »
Why DUI Attorneys Shouldn’t Announce the Arrest of Celebrities on their Websites or Blogs
Lot’s of people jump to conclusions when news of a celebrity DUI breaks. Recently, this was the case with former NFL quarterback Vince Young. The media makes it look like that charge is a conviction. What is more disheartening is that many DUI lawyers also operate this by posting these very slanted news reports without…
read more »
Attorney Justin McShane Published in Understanding DUI Scientific Evidence
Congratulations to Attorneys Justin McShane and Katherine McShane, of The McShane Firm, who co-authored a chapter in the book Understanding DUI Scientific Evidence. This book is widely respected in legal circles as it is authored by top attorneys and scientists. The chapter they authored is entitled “Pennsylvania DUID Prosecution: The Measurand Problem” . DUI Drugs (DUID) is a…
read more »
5 Ways the Criminal Justice System is Compromised by Bad Forensics
Fraudulent practices and bad science are nothing new at crime labs unfortunately. There have been many recent cases which highlight this. One of the most notorious has been the case of Annie Dookhan. According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering…
read more » New Ruling Clears the Way for Thousands to Challenge based on False Forensics
The name Annie Dookhan has become synonymous with false fabricated forensics. She is a personification of everything that is wrong with crime labs across the nation. According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering with evidence, and was sentenced to three…
read more »
FBI “experts” help convict a man using hair analysis, Except the hair was from a dog
This is abhorrent- a travesty of justice. For decades, FBI hair analysis “experts” gave FALSE testimony in court to help their prosecution buddies: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal…
read more »
Attorney McShane Lectures for the Pennsylvania District Attorneys Association
In my time lecturing on forensic science, I have had the honor of instructing scientists, judges, policy-makers, defense attorneys and even prosecutors. I think it is important that all the stakeholders in the criminal justice system know the science involved so we can make sure we are not convicting innocent people. Recently I was invited to…
read more »