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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Attorney Hoover wins a Pennsylvania DUI prescription drugs case.
At The McShane Firm, we are committed to providing the best possible DUI defense in Pennsylvania. Part of that commitment is fighting for our clients using our knowledge of the law and science. An example of this is a recent case won by Attorney David Hoover.
Facts of the Case
Ms. B. was involved in an accident whereby she struck two parked vehicles. Upon arriving on scene, the police officer observed as EMS personnel were providing treatment to Ms. B in the back of an ambulance – the airbag in her vehicle had deployed in her face upon impact with the first vehicle and hit her so hard it knocked her out leading to her hitting the next vehicle. In addition to simply being knocked out, she had a large gash basically between her eyes and was bleeding profusely.
As the officer was observing treatment, he overheard Ms. B tell the medical personnel that she is on a regimen of prescription medication. After hearing this, the officer decides to follow the ambulance to the hospital to request a blood test as a precursor to charging her with a DUI-drugs for driving under the influence of prescription drugs. There were no field sobriety tests, and no DRE evaluation.
The reported results of the tests indicated a litany of prescription medication and trace amounts (i.e. under 5 ng/mL) of THC (∆9 and Carboxy Acid).
Luckily, Ms. B came to the McShane Firm and to Attorney Hoover.
At the suppression hearing, probable cause to arrest and the admissibility of the blood test results were litigated. The Judge ruled that the trace amount of THC and its metabolites were inadmissible. The Judge further ruled that the officer did have probable cause to arrest based solely on Ms. B’s admission to taking lawfully prescribed medication even when coupled with her involvement in an accident of unknown cause or source.
Given such a ruling the Commonwealth was left with attempting to prove a DUID case without test results, no evidence of impairment and only evidence of lawful use of prescribed medication. The Commonwealth and the District Attorney assigned to the case did the honorable thing and decided to withdraw their case.
Chalk up another win for science and the law. Knowledge is power. Find the DUI attorney who has the most knowledge to help you.
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One of the problems with DUI laws is that they are very heavy handed and have life-long effects. Even for someone who has a become a model citizen after their conviction, a DUI conviction can still rear its ugly head when he or she least expects it. Take a recent instance where an active duty officer in the Coast Guard was scheduled to get a personal phone call from President Obama on Christmas. She sat by the phone and was effectively shunned with no notice because of a DUI she got five years ago.
Like a diamond, a DUI is forever.
Coast Guard member waits for White House call that never comes
Only 10 military service members get personal Christmas Day phone calls from President Barack Obama. Last month, Coast Guard Petty Officer Golda Payne learned she would be one of them.
Payne, a 25-year-old Tampa native stationed in Kuwait, couldn’t wait. She researched the Obama family. She planned to keep things “light,” maybe ask about the family dog and tell him about her bulldog puppy. She gave an interview to the Coast Guard newspaper.
But Christmas came, and Obama never called. Two days later, Payne said her officers told her this was why: The White House had run a criminal background check on her, saw a 2006 drunken driving conviction and didn’t want to risk negative publicity.
After the conviction, the only blotch on her criminal record, Payne joined the Coast Guard to serve her country. She became a model citizen. She was nominated for this honor on the basis of her hard work and on-duty performance. All of that meant nothing. This is the ugly reality of a DUI. A single conviction can change your life and close doors forever.
Payne had tried fruitlessly to get work as a firefighter but was turned down because of the DUI. She worries about how a mistake she made as a 20 year-old will haunt the rest of her life. It’s already made her “unworthy” of receiving a call from the President.
This is one of the many ways a DUI can effect the rest of your life. If you want to learn more about the consequences of a DUI conviction, please call 1-866-MCSHANE.
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As our regular readers know, every year PADUIBlog.com conducts a charity poll as a token of our appreciation to our readers and fans. The results for our 2011 charity poll are:
(Drum roll please)
First Place- $500 winner: PAWS of Central PA
Second Place $250 winner: Boys & Girls Club of Central Pennsylvania
Third Place $100 winner: Bethesda Mission
We thank all of you who participated and look forward to providing with the best information about DUI in Pennsylvania in 2012 and beyond!
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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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