Being able to challenge DUI blood evidence effectively is one of the ways The McShane Firm separates itself from the rest of the crowd in Pennsylvania. Our attorneys are experienced at exposing the weaknesses in the government’s case and challenging its evidence. DUI blood testing inherently has a number of sources of error that can…
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Challenging DUI Blood Evidence Part 3: Testing for Drugs
In Pennsylvania DUI cases, blood testing evidence holds a place of great importance because its results are normally seen as accurate and scientific. Prosecutors think that blood evidence is without flaw. This is far from true. In this series, Challenging DUI Blood Evidence, we offer a simple yet comprehensive look at blood testing in DUI…
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Challenging DUI Blood Evidence Part 2: How Blood is Tested
In our on-going series on DUI blood testing, we aim to educate our readers to help them understand the evidence collected against them. Today we examine How Blood is Tested for DUI Cases. When it comes to blood testing for DUI cases they come in two types and then sub-types. The first category depends upon…
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Challenging DUI Blood Evidence Part 1: Introduction
In my years as a PA DUI Attorney, I have learned that the ability to challenge DUI blood evidence is a vital skill that can help win many cases. This is because there is a common myth that DUI blood testing is accurate and precise. Prosecutors treat it as if it is the “Holy Grail…
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Attorney McShane Co-writes Amicus in Supreme Court Win
The Supreme Court Announces its Decision in Bullcoming v. New Mexico in Favor of the Petitioner The Supreme Court of the United States has reversed the decision in the case of Bullcoming v. New Mexico siding with the argument that the prosecution using a surrogate forensic analyst who was not involved in the actual testing…
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Judge Rules DUI Blood Testing to be Unreliable
As an experienced PA DUI Attorney, I have deeply studied the forensic science that is presented in DUI blood tests. This knowledge has helped me win a number of cases and makes me a stronger defender of my clients’ rights. As practiced in a majority of places in the United States, DUI blood tests are…
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Pennsylvania DUI Appeal: Another Conviction Overturned
Pennsylvania DUI Lawyer Justin McShane Wins an Unprecedented Decision Through hard work and a thorough review of the evidence, I was able to win an appeal of a motoristwrongly convicted for Pennsylvania DUI. The issue is that there is a difference between testing whole blood and non-whole blood. Simply put, testing non-whole blood results in…
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DUI Blood Testing Review
I have blogged a lot on Blood Testing for DUI and specifically Gas Chromatography for alcohol (ETOH) or drugs of abuse testing used in DUI prosecutions. Some people ask: Justin, your posts are so hyper-technical, why do you post such detailed stuff? When you are facing a Pennsylvania DUI, possible consequences include jail time,…
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Personal bias is bad, but analytical bias spells disaster in DUI BAC and Drugs of Abuse testing
All analytical devices are subject to analytical drift. Analytical drift occurs during as a result of just good old fashioned use or over time even with a lack of use. As the machine is used time and time again, it will become less precise and/or less accurate. Accuracy is characterized by large standard deviation with…
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In analytical chemistry for ETOH and Drugs of Abuse determination, it is very true that the matrix is all around us but truly is ignored
Keanu Reeves in the movie The Matrix noted that the matrix is all around us, you just haven’t chosen to see it. He had no idea that his statement would hold true in analytical testing for ETOH and drugs of abuse testing in DUI prosecution as well. The matrix is the substrate form which we…
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