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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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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The Fight to End Breath Testing in Pennsylvania
At The McShane Firm we are committed to justice. Sometimes the pursuit of justice means going up against impossible odds and putting in extraordinary effort. For the McShane Firm, the pursuit of justice has pinned us up against the establishment of the Commonwealth of Pennsylvania. In the interests of protecting the falsely accused, The McShane…
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