Category Archives: False Positive

Permalink to How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case

How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case

How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case There is a large difference between a DUI lawyer and a DUI Lawyer-Scientist. As I wrote before, I am not just a lawyer, not just a defense lawyer, but a trained Lawyer-Scientist. There are not too many of us out there, […]

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Permalink to The science of the Justin Bieber DUI case: How a lawyer-scientist can help

The science of the Justin Bieber DUI case: How a lawyer-scientist can help

The science of the Justin Bieber DUI case: How a lawyer-scientist can help [Updated on 26 January 2014 at 905 am EST entitled “The Problem with the Resisting Arrest without Violence charge.”] [Updated on 31 January at 1216 pm EST to include the TMZ link to the GPS records.] There are a lot of my […]

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Permalink to DUI Myth Busters: Breath Test Accuracy

DUI Myth Busters: Breath Test Accuracy

They say that the breath tests are accurate and are specific to ethanol.  However, you can get a positive results for using  hand sanitizing liquid or even for being diabetic.  You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous […]

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Permalink to Crime Labs Positive. Retests Show Substance was not Present in the First Place!

Crime Labs Positive. Retests Show Substance was not Present in the First Place!

Blood tests are often treated like the “holy grail” of DUI evidence.  Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy.  I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge […]

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Permalink to High Error Rates in State Crime Labs Lead to False Convictions

High Error Rates in State Crime Labs Lead to False Convictions

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 […]

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Permalink to DUI Tests Full of Errors For Years

DUI Tests Full of Errors For Years

Overworked, under-trained staff with no meaningful oversight is a recipe for disaster in any organization, especially one as technical as a state forensics lab.  The problem here is errors can lead to innocent people being convicted of DUI and drug offenses.  They will face license suspensions and jail time just to say the least of […]

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Permalink to DUI Warning for Asthma Patients

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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Permalink to Does a DUI charge only prove you have good hygiene?

Does a DUI charge only prove you have good hygiene?

One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people.  In one case, a Minnesota man tested positive for alcohol and was sent to jail because this […]

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Permalink to Pennsylvania Snowfall or DUI?

Pennsylvania Snowfall or DUI?

Can You Be Falsely Charged With a PA DUI because of the Snow? Pennsylvania gets quite a bit of winter weather and as we all know snow and ice make it harder to drive.  One problem you may face is a false Pennsylvania DUI charge because of the tough driving conditions.  Just imagine: You are […]

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Permalink to Dear PA DUI Lawyer: DUI and Diabetes

Dear PA DUI Lawyer: DUI and Diabetes

Every Friday we take a look at some of the most commonly asked questions about Pennsylvania DUI so we can clear up any misconceptions and provide you with the most up-to-date and accurate information about PA  DUI laws and related topics. Today: Dear PA DUI Lawyer, My mother is 54 and she was arrested yesterday […]

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