Another week, another breath testing scandal. Whether it’s Philadelphia or our nation’s capital it seems like states and counties all over the country are reporting the same issue- faulty breath testing equipment leading to erroneous BrAC readings and false DUI arrests and even convictions. This week it’s Santa Clara’s turn. The problem is not limited…
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Philly DUI Breathalyzer Scandal is Just the Tip of the Iceberg
Recently, it was found that incorrectly calibrated and faulty DUI breath testing machines could effect thousands of DUI cases in Philadelphia. I was recently interviewed about the DUI breath test problem in Philadelphia by The Inquirer (philly.com). As a PA DUI attorney someone who has studied breath testing thoroughly, I have found that the Philadelphia…
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DUI Cases in Philadelphia to be Re-tried Due to Bad Breathalyzer
[Blogger’s note and update 3/23/2011: We have been up-to-date on this developing story. The issue as far as we see it is going to effect literally thousands of convictions. The “issue” goes back to the switch over to the Intoxilyzer 8000 which occurred in September 2009.] When I tell people that I am a PA…
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Does a DUI charge only prove you have good hygiene?
One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people. In one case, a Minnesota man tested positive for alcohol and was sent to jail because this…
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Dear PA DUI Attorney: Should I Take a Portable Breath Test?
If I am stopped for a DUI in PA, am I required to Take the Hand-held Breath Test? A lot of people get into trouble simply for not knowing their rights when stopped for a PA DUI. Police know this and try to intimidate people into obeying their orders and in the process forgo the…
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Defense Attorneys Challenge Intoxilyzer 5000
The Intoxilyzer 5000 is one of the most commonly used breath machines in the United States. It is used for DUI testing in Pennsylvania as well as all over the country and, in a nutshell, it’s a piece of crap. It is not accurate and not even specific to alcohol. In fact, a group of…
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Pennsylvania DUI Appeal: Another Conviction Overturned
Pennsylvania DUI Lawyer Justin McShane Wins an Unprecedented Decision Through hard work and a thorough review of the evidence, I was able to win an appeal of a motoristwrongly convicted for Pennsylvania DUI. The issue is that there is a difference between testing whole blood and non-whole blood. Simply put, testing non-whole blood results in…
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Dear Pennsylvania DUI Lawyer: Roadside Tests
Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about Pennsylvania DUI laws and related topics. Today: Dear Pennsylvania DUI Lawyer, I was pulled over in Berks County and the…
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Dear Pennsylvania DUI Lawyer: Breath Machine Accuracy
Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about Pennsylvania DUI laws and related topics. Today: Dear Pennsylvania DUI Lawyer, I was charged recently with a DUI after the…
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PA DUI Mailbag: I Thought .08 was a DUI in PA?
Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today: Dear Pennsylvania DUI Lawyer, My 20 year old son was charged with a DUI while he tested at…
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