At The McShane Firm, we take pride in our unwavering commitment to defending our clients vigorously. In the realm of criminal defense, details matter, and one such crucial detail is the “chain of custody.” In this blog post, we will delve into what chain of custody is, its significance, and how recent mishaps in Pennsylvania…
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Learn more about DUI blood test evidence and how they can be challenged in court.
Understanding Uncertainty Measurement in DUI Prosecutions: Breath and Blood Testing
Introduction In DUI prosecutions, accurately determining the level of alcohol or drugs in a person’s system is crucial. Breath and blood testing are two common methods used to measure the presence of alcohol or drugs. However, these testing methods are not infallible, and uncertainty measurements must be taken into consideration when evaluating the results. This…
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Attorney McShane Lectures for the Pennsylvania District Attorneys Association
In my time lecturing on forensic science, I have had the honor of instructing scientists, judges, policy-makers, defense attorneys and even prosecutors. I think it is important that all the stakeholders in the criminal justice system know the science involved so we can make sure we are not convicting innocent people. Recently I was invited to…
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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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The Truth About Forcible Blood Draws
The 4th Amendment reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things…
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DUI Blood Tests Impacted by Lab Errors
More sloppy lab work leads to more uncertainty about DUI convictions. This time it’s Colorado again: At issue is the Colorado Department of Public Health and Environment’s testing for blood-alcohol content, which many law enforcement agencies rely on to establish if someone is over the legal limit for driving, .08 percent. In early May,…
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DUI Myth Busters: High BAC Can’t be Won
Many people who are charged with a DUI believe that cases with a reported High BAC number cannot be won. This, however, is not correct. (At The McShane Firm, we have won many high BAC cases in the past: High BAC cases won by The McShane Firm) A good DUI lawyer is trained in how…
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More Blood Test Woes
Once again, DUI blood testing has been compromised by sloppy and reckless technicians: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered The state is retesting 1,700 DUI blood samples after a laboratory employee failed to follow proper procedures, which skewed the results of the tests. The mistakes open the…
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Crime Labs Positive. Retests Show Substance was not Present in the First Place!
Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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High Error Rates in State Crime Labs Lead to False Convictions
One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific. This couldn’t be further from the truth. The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry…
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