When State Trooper Daniel Beatty stopped a swerving black Mercedes Benz down Route 28 on the July Fourth holiday weekend, he thought it would be a routine DUI stop. As he approached the car, he said the female driver was “reeking of alcohol, staggering and incoherent to the situation.” Officer Beatty was surprised that the…
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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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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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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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NTSB Recommends Cutting the DUI limit from .08 to .05
Yesterday, the National Transportation Safety Board (NTSB) recommended that states reduce the allowable blood-alcohol concentration for DUI from 0.08% to 0.05% claiming that it will make the roads safer. Unfortunately, this recommendation has no scientific backing and will result in many more false arrests if adopted. It is based upon a belief not founded in…
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DUI Myth Busters: Field Sobriety Tests are Meaningful
A widely held misconception, amongst both law enforcement and the general public, is that the standardized field sobriety tests are a valid method for determining impairment. This just simply is not true. Here are some simple questions that will show you why these field sobriety tests are meaningless: Have you ever stumbled while walking? Does…
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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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Harrisburg based DUI Lawyer earns Field Sobriety Assessment certification
Harrisburg based Pennsylvania DUI Lawyer, Justin J McShane, Esquire on January 8, 2009, became Pennsylvania’s first and consequently only certified attorney in “Field Sobriety Assessment” or (FSA). From, the the FSA website FSA promotes objective, science-based behavioral assessment of intoxication, including the use of field sobriety testing. It provides training and certification to professionals involved in DWI…
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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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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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