In my time lecturing on forensic science, I have had the honor of instructing scientists, judges, policy-makers, defense attorneys and even prosecutors. I think it is important that all the stakeholders in the criminal justice system know the science involved so we can make sure we are not convicting innocent people. Recently I was invited to…
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But they took a blood test…
Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true. A DUI blood test is a piece of paper with a result. In reality, it is an opinion….
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“The eyes don’t lie” or can they? The future of the HGN test in PA
“The eyes don’t lie” or can they? The McShane Firm attorneys acted through the Pennsylvania Association of Drunk Driving Defense Attorneys (PADDDA) as amicus curiae in filing an amicus brief with the Supreme Court of Pennsylvania in the case of Commonwealth v. Weaver. The certified question by the Pennsylvania Supreme Court in Commonwealth v. Weaver: Whether…
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New Article Published about Oral Fluid Testing for Drugs
A new article co-authored by Attorney Justin McShane has been published in “Voice for the Defense,” a publication of the Texas Criminal Defense Lawyers Association. The article entitled “PBTs for Drugs: Oral Fluid Collection Devices” discusses the science behind portable breath test devices which are being used to screen for drugs. Law enforcement agencies plan…
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April’s Fools: On April 1, 2014 Pennsylvania becomes a notice and demand state
On February 19, 2014, effective April 1, 2014, upon the joint recommendation of the Criminal Procedural Rules Committee and the Committee on Rules of Evidence, the Supreme Court adopted new Pennsylvania Rule of Criminal Procedure 574 to provide procedures for the admissibility of forensic laboratory reports in lieu of expert testimony. Click for Order Click…
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Field Sobriety Circus
Here’s how the story goes: you get pulled over by a police officer who suspects your car swerved a bit. The officer asks if you have been drinking and before you know it you are on the street walking an imaginary line, following a pen with your eyes and standing on one leg. You might…
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How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case
How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case There is a large difference between a DUI lawyer and a DUI Lawyer-Scientist. As I wrote before, I am not just a lawyer, not just a defense lawyer, but a trained Lawyer-Scientist. There are not too many of us out there,…
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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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Motorists Forced to Submit to to “Voluntary” Federal Study
How would you feel if you were randomly stopped and intimidated by the police into providing an oral swab even though you had committed no crime at? This type of abuse of power couldn’t happen in our free country could it? Welcome to Police State of Pennsylvania. Just last week a private firm conducting a…
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DUI Prescription Drugs: Know the Facts
Cases involving Driving Under the Influence of Prescription drugs are more complex than those of DUI alcohol. First of all, at the time of arrest, there is no Breathalyzer test to perform. If the officer simply observes red eyes, slurred speech and suspects impaired driving, that is enough to warrant an arrest with charges of…
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