Introduction Driving under the influence (DUI) and driving under the influence of drugs (DUID) are significant public safety concerns that lawmakers and law enforcement agencies work tirelessly to address. While the need to deter and punish intoxicated drivers is undeniable, the per se theory of prosecution has sparked a debate about whether it adequately addresses…
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Drunk Driving vs. Drugged Driving: A Changing Landscape on the Roads
Drunk driving has long been a major issue on the roads, with countless lives lost each year due to alcohol-related accidents. However, in recent years, there has been a growing concern about drugged driving, as more and more drivers are getting behind the wheel while under the influence of drugs. According to data from the…
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You can still get arrested for a Marijuana DUI
Even with the legalize pot movement gaining steam across the nation, you can still get arrested for a Marijuana DUI in PA. There have been a number of marijuana DUI cases recently in Harrisburg and the surrounding areas. Penalties for a Marijuana DUI The penalties of a Marijuana DUI are very serious. That is because…
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Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?
Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension. We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean…
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New Article Published about Oral Fluid Testing for Drugs
A new article co-authored by Attorney Justin McShane has been published in “Voice for the Defense,” a publication of the Texas Criminal Defense Lawyers Association. The article entitled “PBTs for Drugs: Oral Fluid Collection Devices” discusses the science behind portable breath test devices which are being used to screen for drugs. Law enforcement agencies plan…
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Does what happen in Colorado Stay in Colorado? How Smoking Weed Legally Can Land You a Pennsylvania DUI
As of January 1, 2014, the state of Colorado became the first state to legalize marijuana possession and recreational use under certain circumstances. People can now buy marijuana like alcohol. If you are 21 or older, you can buy up to an ounce at a licensed store, as long as you have a Colorado ID….
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Justin McShane’s Qualifications in DUI Drug Cases
Not every attorney is equipped to defend DUI drug cases. In fact, almost none are. Just because someone has a law license and therefore can represent you, doesn’t mean that he or she is competent to represent you. But who wants an attorney who is only competent? Don’t you deserve the very best? There are…
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Big Brother is Watching Your Medicine Cabinet
After the whole NSA uproar you would think that lawmakers would tread softly when it comes to creating databases about law abiding citizens. Well think again. Recently, the Pennsylvania House of Representatives passed a bill that would create a statewide database to monitor the prescription drugs common citizens are using. They claim that this database…
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DUI Prescription Drug Help
One trend I that have noticed here in Pennsylvania is an increase in drug related DUI arrests and in particular arrest related to prescription drugs. We have discussed DUI prescription drugs before in our post: DUI Arrests Purposely Targeting Innocent People. DUI drug cases are complex because there are many different types of drugs that…
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Police Pull over Mike Tyson, High on Cocaine, and Give Him a Free Ride to a Crack House?!
One of the major problems with our criminal justice system is that major decisions, about who is arrested and who is let go, are made on-the-spot by under-trained, overworked and sometimes corrupt police officers. The result is the false arrest of innocent citizens and the truly guilty ones going free. Which brings us to an…
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