Science is a very important part of criminal law, especially when it comes to DUI. In many cases, the bulk of the evidence lies in blood and breath test reports. To produce valid and accurate results, science has outlined specific methodologies and procedures that need to be followed and if these are violated, the results…
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Why Do You Support DUI?
In my years of defending DUI cases in Pennsylvania, one of the most common misconceptions I come across is people questioning why I support DUI. The fact of the matter is, I don’t support drunk driving. It is dangerous and many lives are needlessly lost because of DUI each year. Asking a DUI defense attorney…
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And These are the People We Trust Our Forensics To?
More Reports of Criminal Behavior Call into Question the Integrity of Pennsylvania DUI Crime Labs A forensics technician and phlebotomist in a Pennsylvania DUI crime lab has admitted to stealing from DUI suspects: Lab Tech Accused Of Stealing Money From Suspects, Detective State Police: Woman Admitted To Taking More Than $800 BERKS COUNTY, Pa. —…
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Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts
One question young, ambitious lawyers often ask me is, “how do you effectively cross-examine forensic experts?” Cross-examining the prosecution’s experts is one of the most important stages in a DUI case because if that “expert” testimony is left unchallenged, the blood alcohol reading or the drug concentration result will be accepted and most certainly will…
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Challenging DUI Blood Evidence Part 4: Sources of Error in Blood Testing
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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