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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Police DUI Training Gets Worse
What is this world coming to? Seriously. Life mimics commercials like the one below: The National Highway Traffic Safety Administration (NHTSA) developed a curriculum to train law enforcement on how to detect impaired driving. One of these programs, Advanced Roadside Impaired Driving Enforcement (ARIDE), is now being offered as an online training. The goal of…
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Pennsylvania DUI Checkpoints this Weekend
As we get closer to the 4th of July, you will see more and more checkpoints on the roads of PA. Here are some of the checkpoints we have learned about so far: Montgomery County The Montgomery Township Regional DUI Enforcement Team will conduct Sobriety Checkpoint Operations and Roving DUI Patrols on Fridaythrough Sunday. The…
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Monroe County DUI Checkpoints and Patrols
Due to anticipated heavy traffic because of the NASCAR race at the Poconos, several DUI Checkpoints and roving patrols have been announced. From June 7, 2013 through June 9, 2013 on Routes US 209, 611, 33, 940, 115, SR 4002, (Long Pond Road) and other roadways DUI checkpoints and roving patrols will be conducted. If…
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Luzerne County DUI Cases on Hold
Many Luzerne County DUI cases are on hold pending the ruling on a challenge to the breath testing equipment made by The McShane Firm. Earlier this year, in a case litigated by The McShane Firm, Dauphin County Judge Lawrence F. Clark Jr.’s ruling (Commonwealth v Schildt) invalidated many Dauphin County cases after finding fundamental flaws…
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St. Patty’s Day DUI Checkpoints in PA
St. Patrick’s day is a popular social holiday and with it falling on a weekend, you can expect to see a heavy police presence on the roadways of Pennsylvania. Recently, PennDOT announced an increased police presence over the upcoming weekend in the form of DUI checkpoints and roving patrols. At The McShane Firm we encourage…
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More About Lebanon County Blood Testing Ruling
The Lebanon County blood scandal is a very important issue of truth and justice. This is not about Good Samaritan Hospital (GSH) or about Justin McShane. This is about all the innocent people who have been wrongly convicted of a DUI based on bad forensics. Over the past couple of days, our office has been…
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A DUI in a Bicycle? I Kid you not
Sane and rational people associate DUI as driving a motor vehicle under the influence of drugs or alcohol or a combination of the two. However, police in Pennsylvania every once in a while come up with new ways to challenge rational thought. Man Guilty of DUI on a Bicycle WILLIAMSPORT — A Harrisburg man has…
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Dauphin County District Attorney Appeals Breath Testing Ruling
Earlier this year, a Dauphin County judge ruled breath testing to be inaccurate over a reading of 0.15% or under a 0.05% BrAC. Judge Lawrence F. Clark Jr. as a result of his findings in the case of Commonwealth v Schildt. In response, Dauphin County District Attorney Ed Marsico has filed an appeal to that ruling…
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Breaking News: Pennsylvania State Police to Halt Breath Testing
In the aftermath of the ruling in Commonwealth v. Schildt, Pennsylvania State Police has decided to halt all DUI breath testing in Pennsylvania. Dauphin County Court of Common Pleas Judge Lawrence F. Clark Jr. in his ruling in Schildt pointed out two major areas of concern in regards to DUI breath testings: 1. Breath testing…
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