If you plan to watch the Superbowl with friends, beware of Pennsylvania DUI checkpoints
Pennsylvania State Police and local departments are gearing up to increase the number of DUI checkpoints for Superbowl Sunday. You can bet that areas around sports bars and restaurants where people will be gathering to enjoy the game will be a prime target for police.
As always, PADUIblog.com will post any information we receive about DUI checkpoints in Pennsylvania. If you come across a DUI checkpoint, make sure to tell us about it in the comments below.
As always stay safe and stay informed.
If you are pulled over for a DUI please make sure to read: Our Guide on how to save yourself from a false DUI arrest
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A man is thrown into solitary confinement for two years, denied medical treatment and is forced to pull his own tooth as a result of a DUI accusation. You may think this report is from a third world dictatorship, but lo and behold, this happened to a man in the state of New Mexico.
There is a lot going on in prisons that is inhumane and barbaric and the system doesn't really care.
Man spends 2 years in solitary after DWI arrest
A New Mexico man who said he was forced to pull his own tooth while in solitary confinement because he was denied access to a dentist has been awarded $22 million due to inhumane treatment by New Mexico’s Dona Ana County Jail.
Stephen Slevin was arrested in August of 2005 for driving while intoxicated, then thrown in jail for two years. He was in solitary at Dona Ana County Jail for his entire sentence and basically forgotten about and never given a trial, he told NBC station KOB.com Tuesday night.
“[Jail guards were] walking by me every day, watching me deteriorate,” Slevin said. “Day after day after day, they did nothing, nothing at all, to get me any help.”
Slevin’s medical problems extended beyond his dental issues, he said. His toenails started curling around his foot because they were so long, he told KOB.com. And his countless requests to see a doctor for depression medication were ignored, he said.
When I read this news report, I was shocked and disgusted that in this day and age such persecution can go unnoticed for so long. This man was denied basic human rights for two years and no one seemed to care. The amount he has been awarded will come out of the state coffers- from the taxpayers while the clerks, the prosecutors, the prison warden and other administrators will remain unaffected, never to be penalized for this heinous crime. These barbaric cases of torture are happening in prisons all across the country and will continue to happen (perhaps at a smaller scale) because of the basic lack of oversight that allows this to happen in the first place. Lawmakers really don’t care because prisoners’ rights because it is not really a popular topic. Injustice prevails because we allow it to.
If you open your eyes to the injustices that are happening out there, it will put the work of criminal defense attorneys into perspective. We are here to fight for the rights of the citizen accused- rights that no one else seems to care about. That’s sad.
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According to local reports, a judge in Northampton County Pennsylvania has suspended the driver’s license of some of those suspected for DUI, even before the matter has been resolved in court:
Suspending a driver's license in a DUI case before a court ruling is unconstitutional.
Policy of taking licenses before a DUI conviction draws critics
The Salisbury Township woman insisted she was innocent of allegations she had driven drunk, and she wanted her day in court. Fine, the Northampton County judge told her, but until your trial in February, I’m taking your driver’s license.
If convicted, 25-year-old Jessica D. Trump would lose her privilege to drive. But that she would lose it before, without being found guilty, bothers her attorney and other defense lawyers, and even county prosecutors are distancing themselves from the strategy.
“Isn’t taking the license a presumption of guilt?” asked Trump’s attorney, Jason Jenkins of Allentown. “Because it sure feels like it.”
To speed along DUI cases and protect other drivers on the road, Judge Leonard Zito, who oversees the criminal court docket in Easton, has been taking the licenses of defendants he believes are dragging their feet in resolving the charges against them.
Zito’s move aims to encourage them to plead guilty or apply for court diversionary programs that avoid a trial. It is part of an effort to get a handle on DUI cases, which make up nearly 35 percent of the court’s docket. But it raises constitutional questions about whether the judge is truly treating defendants as innocent until proven otherwise.
As a citizen of Pennsylvania I believe the actions of this judge, as described in this news report are wrong for the following reasons:
- The purpose of bail is to insure appearance and to protect the community and not to “move cases along.” The purpose of bail is not supposed to be punitive.
- A license suspension is a major form of punishment. In Central Pennsylvania there is a complete lack of public transportation infrastructure. So taking an accused driver’s license is punishment. It can affect the ability of the citizen to get to and from their place of work which may result in a loss of employment or other long-term consequences. This type of punishment should not be put upon anyone until the matter is resolved in a court of law. I still believe that we live in a time of the presumption of innocence.
- The right to a trial is a basic fundamental right. Any effort that is made to curtail a person’s right to trial is unAmerican. The loss of license is a major incentive to just “give up.” Otherwise, legitimate cases that should be tried will not be tried or negotiated to a proper resolution.
- The rationale behind this action, “to encourage them to plead guilty or apply for court diversionary programs that avoid a trial” is strong arm tactic that forces citizens to choose another option under duress rather than opting for a trial which is their constitutional right. It is a form of pre-trial tax.
- If the State is overwhelmed with the number of DUI cases, then punishing the accused prematurely is not the answer. The State should hire extra judges to ensure that every citizen receives a fair trial and is not pressured through unconstitutional tactics.
If you are involved in a DUI case where the judge has suspended or has threatened to suspend your license before the matter has been ruled upon, please call 1-866-MCSHANE. We are ready to fight for your constitutional rights!
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One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific. This couldn’t be further from the truth. The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry lab. The “scientists” may be wearing lab coats, but in terms of validated and legitimate science they are really just winging it and hoping to come up with a good result.
His experiments are probably more scientific than what is going on in government crime labs.
Simply put: following scientific standards is not their priority.
Here is a prime example of this. The government crime lab in Indianapolis was so reckless that one out of three of its positive cocaine test results were not conducted in accordance with acceptable scientific standards:
Drug test error rate raises worry about wrongful convictions
INDIANAPOLIS — An audit of Indiana’s embattled state drug-testing lab has found that nearly a third of its positive cocaine test results were not conducted in accordance with acceptable scientific standards, adding to concerns about possible wrongful convictions.
The independent audit of positive cocaine test results issued by the Indiana Department of Toxicology found that 32 percent — nearly 1 in 3 — failed to meet acceptable scientific criteria
Most of the reported cases were, in fact DUI cases, where the blood test evidence is the prime evidence in the case. Many times, blood testing evidence is seen as “an automatic conviction” so having a false positive will most likely land an innocent person in jail. This is happening everyday in crime labs across the country we just don’t know about it. This Indianapolis incident is not an isolated incident. It is an isolated discovery of a non-isolated incident.
This is why it is absolutely imperative that you have a qualified DUI defense attorney who is an expert in DUI blood testing examine your case. The attorneys at The McShane Firm have discovered many instances where blood testing was done improperly and used that information to win cases for their clients.
For a free consultation, please call 1-866-MCSHANE.
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One of the more bizarre smartphone applications I’ve found- an app that simulates the Horizontal Gaze Nystagmus (HGN) test (the follow my pen with your eyes test).
As if we needed more unscientific testing methods
Friends create iPhone app to estimate blood alcohol
A drunken driving test may not seem the likeliest place to come up with a mobile phone app, but that’s when inspiration struck Nashville resident Clay Bradley.
He told The Nashville Ledger that he was following a policeman’s pen with his eyes when he thought a smartphone could be used for the same purpose.
He mentioned his idea to a couple of friends, and they came up with BreathalEyes.
The 99-cent app launched in November and can be used to measure involuntary eye movements when people are intoxicated, which is one method police use in field sobriety tests.
It’s only a matter of time before the police catch on and add it to their arsenal of unscientific DUI testing methods.
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DUI is not a minor criminal offense. The Commonwealth of Pennsylvania has attached very heavy penalties to DUI charges which means even a first offense can lead to jail time, hefty fines and a lengthy license suspension. On top of all of that, your insurance premiums will increase and you may lose out on job opportunities because of a DUI conviction. In a tough economy and competitive job market, many people have been “blacklisted” and ultimately ignored because of a recent DUI conviction-even if it is the only blemish on their criminal record. Losing out on a good job is a tragedy with immeasurable damages.
A true Pennsylvania DUI attorney will fight DUI cases to trial to protect your rights.
With the stakes so high, you need an the right DUI attorney to handle your case. You need an attorney with the experience and guts to fight. Many well known DUI lawyers in Pennsylvania have been practicing for 10, 15, 20 years and have not taken a single DUI case to trial. That is a clerk, a paper pusher… not a real DUI attorney.
A real DUI attorney has the guts to fight out your case all the way to trial and all the way to “not guilty.” To be a true DUI trial lawyer, one must have specialized training in the science involved in DUI cases and specialized knowledge in trial skills to know how to effectively translate the science to the jury so they are empowered to understand it. One must also have excellent trial skills and have a proven track record of taking cases to trial and winning them in front of a judge and jury.
If you want to find out if a lawyer is a true DUI specialist, ask them one question, “How often do you take DUI cases to a full blown trial?” You will be surprised at some of the answers you get.
At The McShane Firm, our highly experienced DUI attorneys regularly take cases to trial because we see this as one of the best ways to protect the rights of our clients. If you want to fight your Pennsylvania DUI charges, please call 1-866-MCSHANE.
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PA DUI Attorney Justin McShane authors another publication about DUI defense.
One of the things I really love to do is share my research and knowledge with other lawyers to help them defend their clients. The defense of justice shouldn’t be limited to just Pennsylvania. Part of this commitment is authoring works on complex legal and scientific subjects.
Recently a new publication was released: Defending DUI Vehicular Homicide Cases, 2012 ed.: Leading Lawyers on Understanding DUI Cases, Developing a Thorough Defense, and Negotiating Settlements in which I authored a chapter entitled: Navigating the Complexities of a DUI Vehicular Homicide Defense.
You can view a complete list of my publications: http://www.themcshanefirm.com/attorneys/mcshane/.
Once again, this is an honor that recognizes my hard-work and expertise in the field of DUI defense. For a free consultation with a qualified expert Pennsylvania DUI lawyer please call 1-866-MCSHANE.
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In my years of defending DUI cases in Pennsylvania, one of the most common misconceptions I come across is people questioning why I support DUI. The fact of the matter is, I don’t support drunk driving. It is dangerous and many lives are needlessly lost because of DUI each year. Asking a DUI defense attorney “why they support DUI” is akin to asking The Innocence Project “why they support murders.” Criminal defense attorneys do not support or encourage crime, they support and encourage justice.
PA DUI Attorney fights against injustice.
As a DUI defense attorney, I call for reform in the justice system because too many people are being falsely arrested and falsely convicted of DUI. They are too many problems that are going unchecked that undermine the justice system and put all of us at risk of a false conviction. Some of these problems include:
- Police officers who have very little training in DUI detection
- Faulty and inaccurate breath testing equipment
- Lack of oversight to ensure DUI testing equipment is working properly
- Field sobriety tests that are not scientifically validated
- Field sobriety tests do not tell whether the suspect is intoxicated- there are many people who may stumble when asked to stand on one leg for 30 seconds for reasons other than being drunk
- Blood testing is inaccurate
- Crime lab technicians are overworked, under-trained and many lack education in science to begin with
- Rampant lack of oversight in crime labs
- Corrupt police officers try to inflate DUI arrests for their own personal gain
- Prosecutors have been known to conceal evidence
On top of all of these uncertainties, the penalties for DUI are extremely harsh and will affect those convicted for the rest of their lives even if it is the only blemish on their criminal record. They may end losing job opportunities and will be humiliated when anyone searches their criminal record for the rest of their lives.
As a professional Pennsylvania DUI attorney I fight for justice so that innocent people are not convicted of a DUI under such unreliable circumstances.
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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 Jan. 19-20, 2012. My presentation is entitled “Why there is no Science in Evidentiary Breath Testing”.
DUI breath testing is completely unscientific. We are gambling with people's lives.
Briefly, DUI breath testing as it is used today was developed in the 1950′s and has remained largely unchanged since tat time regardless of the fact that science has completely evolved. DUI breath testing machines use an indirect method to produce a result and this method is not specific to ethanol. Many other substances, even some that are naturally produced in our bodies, can confuse the machine into producing erroneous readings even in people that are completely sober. On top of this, the software that these machines use have never been scientifically validated and there is an absence of oversight when it comes to making sure the machines are checked for its calibration properly. When all of this is taken into account, it is clear that thousands of people are being tested daily on inaccurate and unvalidated technology. DUI breath testing is a complete crap shoot.
Once again, it is a tremendous honor to be selected to speak at such a prestigious event which once again shows the recognition my work has received in the broader legal community.
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The Standardized Field Sobriety Tests (SFST), are one of the major tools officers use to determine whether or not they should arrest the driver for DUI. The problem is, they are really a poor indicator of impairment and lead the police to make false assumption, false arrests, false conclusions and false accusations.
Here is a news report that shows the flaws of the SFST. I would particularly like to call your attention to 1:13 where the (presumably sober) police officer can’t even perform the tests himself:
(Video Credit to Attorney Bruce Kapsack)
If you were charge with a Pennsylvania DUI on the basis of a faulty Field Sobriety Test, please call 1-866-MCSHANE.
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About the Author
Pennsylvania DUI Lawyer Justin J. McShane presents an ongoing discussion of Pennsylvania DUI law.
Attorney McShane is the Chairman/CEO of The McShane Firm, Pennsylvania's top DUI law office. Located in Harrisburg, PA, The McShane Firm specializes in using forensic science to defend citizens accused of a crime.
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National College for DUI Defense- The Truth About Forensic Science
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