The 4th Amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things…
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Breaking important news: Warrantless Blood Draws in DUI Case
The US Supreme Court has taken up the case of Missouri v. McNeely, No. 11-1425. A Missouri Highway Patrol officer stopped McNeely for speeding. McNeely appeared to be intoxicated and refused the breathalyzer test. The officer took him to a hospital for a blood test without consent or a warrant. The Missouri Supreme Court held…
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Attorneys McShane and Auriemma Win Appeal of DUI Case
Recently Attorneys McShane and Auriemma won an appeal of a DUI case before The Superior Court of Pennsylvania in the case of Commonwealth vs. Karns. It was a published opinion which makes it binding precedent in the Commonwealth of Pennsylvania. Details of the Case Officer Patterson of the Bedford Borough Police Department received a report…
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Do You Believe in DUI Blood Tests?
A frustrated judge once asked me, “Justin why don’t you ever stipulate to a forensic science result?” They answer is simple: Because they are not reliable. For those who are not familiar with the terminology, “stipulating” means accepting the result of a forensic test without questioning it. Many The vast majority of lawyers do this,…
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DUI Breath Testing Devices could become Standard in All Cars
One issue that keeps rearing its ugly head is the push by lobbies like MADD for Alcohol-sensing technology to become standard in all cars. Recently,Congress authorized funding (your tax dollars) for research on ignition interlock devices which, if MADD were to get its way, would become standard equipment on all new cars: Alcohol-sensing technology could…
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DUI Blood Tests Impacted by Lab Errors
More sloppy lab work leads to more uncertainty about DUI convictions. This time it’s Colorado again: At issue is the Colorado Department of Public Health and Environment’s testing for blood-alcohol content, which many law enforcement agencies rely on to establish if someone is over the legal limit for driving, .08 percent. In early May,…
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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…
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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…
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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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Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts
One question young, ambitious lawyers often ask me is, “how do you effectively cross-examine forensic experts?” Cross-examining the prosecution’s experts is one of the most important stages in a DUI case because if that “expert” testimony is left unchallenged, the blood alcohol reading or the drug concentration result will be accepted and most certainly will…
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