"It could NEVER happen." "Blood Alcohol Content results can never be wrong." "No Government lab or private lab used in Pennsylvania has ever been wrong." "Impossible." "We double and triple checks things before we report them." "These machines self check and report all errors." These are the some of the silly things that Government bench…
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DUI Innocence Project: 93% Wrong-False Use of Roadside Tests Can Lead to False Arrest
We have all heard of the “Innocence Project” which is a national joint legal and scientific project to identify and where appropriate re-examine cases where guilt has been found and after being examined with “fresh eyes” and with the use of DNA to either confirm or exonerate those actually convicted of a crime. To date,…
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Crimping a Headspace Vial in Gas Chromatography: How not putting the “lid on the jar” can lead to disaster in a DUI case
As mentioned in an earlier post, there are many potential sources for error when it comes to Blood Alcohol Testing for DUI. This is very important in blood-based DUI cases where the Blood Alcohol Content (BAC) is reported because many of the prosecutors I have faced erroneously believe that these blood test results are infallible in…
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The Problem with Drug Recognition Expert and Why it is Designed for Failure
When people think of DUI, they often think of Drunk Driving meaning drinking too much alcohol. There is, of course, another form of DUI that is referred to as DUID or Driving Under the Influence of Drugs, both legal prescription drugs and illegal drugs. As such, it now becomes very important for DUI Lawyers to…
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On the origin of Species-Why do we use Gray Tubes for Forensic Blood Analysis for BAC
A colleague of mine from Colorado asked a very good question: Why on Earth do we use Gray tube tops for forensic blood analysis to determine Blood Alcohol Content for ETOH (drinking alcohol)? The answer is evolution or really “re-purposing”. It got me to thinking… On the 24th day of November…
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Pennsylvania DUI Attorney has the video that will forever prove that SFSTs are not valid
As a Pennsylvania DUI Attorney, I get asked a lot of questions when I meet people socially. I was just at the Harrisburg International Airport where my flight was delayed and I struck up a conversation with another modern day refugee who was now stranded with me as we cycled through what seemed like endless 15 minute…
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Gas Chromatography and why is it is so important to Pennsylvania DUI arrests
First off what is Chromatography? Chromatography is strictly and simply speaking "separation science". It is the study of how an analyst can take a complex matrix (compound) and separate it out into its component parts. It is a relatively "new" form of analytical chemistry in that the first true use of modern chromatography is usually…
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WellSpan is to be commended, but why people who have been convicted for decades of a DUI should be upset
On Wednesday and Thursday of this past week, Rick Fulton of the Gettysburg Times, wrote reported that WellSpan hospital system in Central Pennsylvania will no longer support or offer to provide blood testing for Court use of Blood Alcohol Content testing (BAC). The BAC testing, of course, is so important in a DUI prosecution and…
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Do the Breath Machines Always Flag Acetone and Diabetics?
It is a national problem to be sure. It is an endemic and systemic problem. It is a problem that is pervasive and well-known within the scientific community. Yet, it is condoned. In his latest blog post, Bob Keefer, a fellow member of the National College for DUI Defense, Inc and a true trailblazer in…
read more »Do the Police ALWAYS tell the truth in DUI prosecutions?
Not every police officer lies. Not every police officer colors the truth. Not every police officer embellishes. But there are enough. If there is one that is too many. Let’s face it police officers are human. They are motivated like we all are. To not lose, to win. To do the job efficiently and some…
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