DUI testing scandals are nothing new nor are they even rare. From Central Pennsylvania to San Fransisco to Indiana to the Nation’s Capital, DUI testing scandals have effected tens of thousands of cases across the country. Lack of oversight, mishandling, cover-ups and under-qualified/over-worked technicians have become the norm rather than the exception. This time another…
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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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Philly DUI Breathalyzer Scandal is Just the Tip of the Iceberg
Recently, it was found that incorrectly calibrated and faulty DUI breath testing machines could effect thousands of DUI cases in Philadelphia. I was recently interviewed about the DUI breath test problem in Philadelphia by The Inquirer (philly.com). As a PA DUI attorney someone who has studied breath testing thoroughly, I have found that the Philadelphia…
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DUI Warning for Asthma Patients
Imagine being an asthma patient for a second. You are driving along at night while you are really tired. You may swerve a bit and your reaction time is slow. Suddenly you see blue and red lights flashing in your rear-view mirror. You get nervous and start breathing fast. Since you are an asthma patient…
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DUI Mailbag: What Does Invalid Sample and Invalid Test Mean?
Every Friday we will take a look at some of the most commonly asked questions about Pennsylvania DUI so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today: I was recently arrested for a DUI and taken to the station for testing. The machine was an…
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Caught: DUI Breath Test Center bad acts
Why there should be cameras in DUI processing centers, blood draw areas and even labs…. It’s not just a Florida problem folks. -Justin J. McShane, Esquire, Pennsylvania DUI Attorney I am the highest rated DUI Attorney in PA as Rated by Avvo.com You can follow me on Twitter, Facebook or Linkedin Board Certified…
read more »Do the Police ALWAYS tell the truth in DUI prosecutions?
Not every police officer lies. Not every police officer colors the truth. Not every police officer embellishes. But there are enough. If there is one that is too many. Let’s face it police officers are human. They are motivated like we all are. To not lose, to win. To do the job efficiently and some…
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Beat the Breath Test or the Breath Test Beat You?
As a highly regarded DUI attorney, I invariably get asked “Well, how do I beat the breath test machine?” I always respond, “Don’t worry about beating the Breath test machine. Worry about it beating you.” What I mean by this is that the machine can over-report your true Blood Alcohol Content. In other words, the…
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Piece of Paper Reads: “You’re Guilty”. Well Not Any More.
Imagine a place where you are accused of a crime. Where you can lose your liberty. Where you can lose your job. Where you can lose everything you have worked so very hard for. Imagine that during this trial, the Government only introduced a single piece of paper that reads “You’re Guilty”. That’s it. Imagine…
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Bad Breath: How You Can be Guilty Not of a DUI, but Guilty of Eating a Hoagie
A FALSE POSITIVE: We can think of a lot of things in our every day lives that can provide for false positives such as: pregnancy tests quick screen mammograms prostate marker screening tests for cancer PAP smear BREATH TEST MACHINES! We are all probably familiar with the idea of a false positive. Technically, Merriam Webster’s Medical Dictionary defines…
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