A lot of DUI blogs out there seem to focus on celebrities, politicians, and law enforcement officials who are accused of a DUI. These flashy headline grabbers garner a disproportionate amount of attention. Keep in mind, an accusation is just that- an accusation. At that point it has not been proven in a court of law. Unfortunately, when we are dealing with DUI, innocent until proven guilty, becomes more like innocent until accused of a DUI. There is certainly a rush to judgment which is clearly unfair. Everyone has the constitutional right to a fair trial and due process, whether they be an entertainer, politician or even a Pennsylvania police officer accused of a DUI. Everyone is entitled to a truthful and ethical defense whether they be hardened criminals or an innocent person falsely accused.
As a prominent Pennsylvania DUI Lawyer, I have had the opportunity to represent thousands of citizens accused of DUI including some Pennsylvania police officers. I see it to be hypocritical and unethical not to extend my services even to the most formally staunch DUI police officer because at the end of the day, even a police officer is a common citizen accused of a crime. They have the same rights you and I do.
One thing that really bothers me is the hand that the media plays in reporting these high profile DUI cases. Once again, there is a rush to judgment and a failure or unwillingness to offer a balanced and neutral assessment of the facts and DUI laws. Police reports are cited as if they are absolute and unchallengeable. In fact, the local newspapers all over Pennsylvania report a list of people who have been arrested (read: accused) of a DUI, but they never publish a retraction or even a mere mention of the many DUI suspects who are found not guilty of a DUI. That’s not fair to anyone.
As a Pennsylvania DUI attorney I simply ask that everyone who reports on these matters do so in an ethical and open manner that provides the benefit of the doubt. Therefore, it is incumbent upon all of us to keep a truly open mind and to apply the good old fashion adage and major legal principal of the presumption of innocence. Police officers and celebrities are due the same constitutional rights that all of us are entitled to which is the presumption of innocence and the ability to present their case and have their day in court.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
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Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
dui laws says:
Even though it has not been proven in a court of law that doesn’t mean it’s not true. It’s quite obvious the person is guilty.
Harrisburg DUI Lawyer says:
Gabrielle,
Is this philosophy something that you mean to assert just for police officers and troopers accused of a DUI or everyone who is accused of a DUI?
Not Guilt says:
“Even though it has not been proven in a court of law that doesn’t mean it’s not true. It’s quite obvious the person is guilty”
The problem is that you don’t understand the concept of legal guilt. In the US, the legal maxim is that a person is innocent until proven guilty in a court of law.
With that said, I was accused of a DUI, I blew a .19% at the police station on their evidentiary breathalyzer and because of the prosecution’s inability to bring the case to trial, my case was dismissed. I am not guilty of the DUI accusation.
DUI says:
I totally agree Justin. The media is quick to report who has been accussed of DUI, but you never hear about the people who had been accussed and were found not guilty in DUI court.