Did you know that eating white bread, donuts and pizza dough can register positive blood-alcohol readings on a Breathalyzer Machine? Sounds absurd—but it’s true. A number of experiments were conducted where the BAC of a normal person was recorded by the breath machine to be 0.0% . The subject then ate a slice of white bread…
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What is an Ignition Interlock Device?
An ignition interlock device is a gadget, a little bigger larger than a cell phone, that is wired to your car’s ignition. Driver’s are required to blow into the device before starting the engine, and there are systematic rolling checks while the engine is on. All systems are leased for approximately $1,000 per system. According…
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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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The Truth About Portable Breath Tests
I have written about breath testing numerous times on this blog and have shown how they are error prone, inaccurate, and non-specific to ethanol. In short, they are ridiculous. These are the problems that plague the more advanced, state authorized, stationary, breath testing machines. So what about the portable versions? The technology is even worse. …
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More About Faulty Breath Machines
Breath machines are faulty to the point where I no longer understand why they are even used for DUI evidence. Professional DUI attorneys know this and the general population is also starting to understand how bad this technology is. The super- duper Intoxilyzer 5000, which is used in Pennsylvania as well as in many states…
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Another DUI Breath Testing Scandal, This Time Vermont
As one of the leading DUI attorneys in Pennsylvania, I make it a point to vigorously challenge DUI breath testing evidence because of the number of false readings these machines produce. The technology is bad and the police rarely keep the machines in proper working order. Unsurprisingly, another breath testing scandal has called more DUI…
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Is MADD Pushing for Interlock Devices in all Vehicles?
New legislation contains a provision for research into ignition interlock devices to be installed as standard equipment in automobiles. Is this really just research or are there bigger motives behind this?
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DUI Myth Busters: Breath Test Accuracy
They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous…
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Attorney McShane to Lecture at NCDD Winter Session
The National College for DUI Defense (NCDD) sponsors the most intensive and advanced DUI training seminars an attorney can attend. Not only do the Pennsylvania DUI attorneys at The McShane Firm regularly attend these seminars, I have been invited to present my research at the 2012 NCDD Winter Session to be held in Orlando from…
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Another Week, Another Breath Testing Scandal- I Think I See a Pattern
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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