There are a lot of law firms out there who are willing to take on your criminal or DUI case, but there is only one McShane Firm. So how is the McShane Firm different and better than the rest? In this series, we will take a look at some factors you should consider when choosing…
read more »Category: Breath Tests
Forced Blood Draws are Ruled Unconstitutional by SCOTUS
A few months ago, the Supreme Court of the United States considered the question whether states may attach criminal penalties on a diver who refuses to submit to a blood or breath test to measure the blood alcohol concentration level during a DUI arrest. For Birchfield v. North Dakota case, the Court wanted to know in…
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Mis-calibrated Breathalyzer Machine Problems in PA
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…
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Don’t Eat (Pizza) and Drive!
Did you know that eating white bread, donuts and pizza dough can register positive blood-alcohol readings on a Breathalyzer Machine? Sounds absurd—but it’s true. A number of experiments were conducted where the BAC of a normal person was recorded by the breath machine to be 0.0% . The subject then ate a slice of white bread…
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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…
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More About Faulty Breath Machines
Breath machines are faulty to the point where I no longer understand why they are even used for DUI evidence. Professional DUI attorneys know this and the general population is also starting to understand how bad this technology is. The super- duper Intoxilyzer 5000, which is used in Pennsylvania as well as in many states…
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Another DUI Breath Testing Scandal, This Time Vermont
As one of the leading DUI attorneys in Pennsylvania, I make it a point to vigorously challenge DUI breath testing evidence because of the number of false readings these machines produce. The technology is bad and the police rarely keep the machines in proper working order. Unsurprisingly, another breath testing scandal has called more DUI…
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New Spray Makes You Instantly Drunk
The inventor of a new spray claims that he has developed a spray that can make a person instantly drunk for a few moments: New spray makes you ‘instantly drunk,’ and only lasts a few seconds A French American scientist has invented a new alcohol spray that instantly intoxicates the user. However, the effects are…
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Is MADD Pushing for Interlock Devices in all Vehicles?
New legislation contains a provision for research into ignition interlock devices to be installed as standard equipment in automobiles. Is this really just research or are there bigger motives behind this?
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DUI Myth Busters: Breath Test Accuracy
They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous…
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