Why there should be cameras in DUI processing centers, blood draw areas and even labs…. It’s not just a Florida problem folks. -Justin J. McShane, Esquire, Pennsylvania DUI Attorney I am the highest rated DUI Attorney in PA as Rated by Avvo.com You can follow me on Twitter, Facebook or Linkedin Board Certified…
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When is a straight line a curve: Calibration curve
One of the unsung or rather unknown important aspects in any reported BAC result is the calibration curve. It is not a curve but must be a line. It is known as analytical linearity. it is part of the three limits: Limit of Detection (I blogged on this at Underage Drinking and DUI in Pennsylvania: LOD…
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What Pac-Man and Inflated and Incorrect Blood Alcohol Content results have in common
See……there is this animatronic character that we all know called Pac-Man. Pac-Man has everything to do with inaccurate BAC results. Honestly, when was the last time you even thought about playing this great game. Well, here is your chance. Free Online Flash Games Since its release in May 22, 1980, the little pixel gobbling creature…
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Sources of Error in Forming Conclusions in a DUI context
In Pennsylvania DUI cases and in Pennsylvania DUI prosecutions, there is always the possibility of error by anyone from police officers to technical supervisors to toxicologists to forensic scientists to breath test operators to blood test operators to eyewitnesses to judges and even Juries. It is important for all of us to try to identify…
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Why is Due Process of Law different than the Due Process of Science: Blood Alcohol Content is only an Estimate
Every citizen accused of a crime is entitled to the Due Process of Law, but why aren’t accused citizens entitled to the Due Process of Science? Every Blood Alcohol Content that is reported in Court across the entire nation is just an estimate of the true value. A bold statement no doubt, but worthy of…
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DUI or a Stroke, Some Cops Can’t Tell the Difference
Several weeks ago, I blogged on the Drug Recognition Expert (DRE) protocol and specifically the Finger-to-Nose Test and the Romberg Balance Test and I half jokingly wrote the following: In that post I concluded that Like many tests used at roadside [or in the DRE protocol], the designed and intended use of a legitimate and useful…
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Highest reported BAC .708: I call Shenanigans
Earlier today, I blogged on both the issues of Limit of Detection (LOD) and Limit of Quantification (LOQ) error in the context of Pennsylvania underage drinking and/or Pennsylvania underage drinking and driving charges. So, it only makes sense to look at the other extreme…. In the December 28, 2009 Rapid City Journal, an newspaper article reported…
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Underage Drinking and DUI in Pennsylvania: LOD and LOQ Defense
In a previous post, we discussed the seriousness of underage drinking and underage DUI in Pennsylvania. There are many ways a qualified Pennsylvania DUI Lawyer can challenge these cases. From a Pennsylvania DUI lawyers point of view, we are concerned at looking at the Government’s case to see whether or not they can prove their…
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The Finger-to-Nose Test is misused in DUID or DRE evaluations
Last week, I explained the clinically designed purpose of the Romberg Balance Test and how in a meaningful way it has never even been facially validated for its intended or purported purpose as a method of recording drug-related impairment in DUID cases, but rather is used as a neurological screening test to rule-out in only…
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What the heck is the Romberg test? Does it mean that I have brain damage or I’m impaired?
As a Harrisburg DUI Lawyer who lectures nationally I get asked a lot of questions. Recently I have been focusing a lot of my instruction, my research and my practice on Driving Under the Influence of Drugs (DUID) cases both in terms of analytical chemistry and the fallacies in the roadside testing regime known as…
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