A few months ago, the Supreme Court of the United States considered the question whether states may attach criminal penalties on a diver who refuses to submit to a blood or breath test to measure the blood alcohol concentration level during a DUI arrest. For Birchfield v. North Dakota case, the Court wanted to know in…
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Is Pennsylvania’s Refusal Enhancement for DUI Blood Cases Constitutional?
This morning the Supreme Court of the United States released its opinion in the case of Missouri v. McNeely. While the core holding of the case will not impact Pennsylvania, in the reasoning and the dicta (the text of the opinion) it is quite clear that Pennsylvania’s current laws (75 PaCSA 3804) for sentencing enhancement…
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Missouri v. McNeely
The Supreme Court of the United States just moments ago published its opinion in the case of Missouri v. McNeely (11-1425). In part the majority held: The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement…
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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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The McShane Firm Petitions The Supreme Court of The United States in the Case of Tyshaunt Love
Recently, Attorney Justin McShane of The McShane Firm filed a petition to The Supreme Court of The United States on behalf of his client Tyshaunt Love in his homicide case. Here is some of the factual background to this case: On Friday, December 20, 1996, police officers discovered the body of Iris Fennell, who was…
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Attorney McShane Co-writes Amicus in Supreme Court Win
The Supreme Court Announces its Decision in Bullcoming v. New Mexico in Favor of the Petitioner The Supreme Court of the United States has reversed the decision in the case of Bullcoming v. New Mexico siding with the argument that the prosecution using a surrogate forensic analyst who was not involved in the actual testing…
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PA DUI Attorney Challenge: Appeals
We have done a number of posts in our series The PA DUI Attorney Challenge with the intention of arming citizens with a criteria by which they can compare the various DUI lawyers in Pennsylvania. If you are new to this blog or have not had a chance to follow this series, please click on…
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PA DUI Attorney Reaches a Milestone
I pride myself on being one of the hardest working DUI attorneys in PA. I have spent many years defending citizens accused of DUI. I have spent extensive time fighting in courtrooms, training in seminars and reading and writing research papers all in an effort to offer the best DUI defense to my clients. Today,…
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