Category Archives: False Positive
Carryover effect part 3: Flushing of inert gas is not enough to prove there is no carryover
March 24, 2010 by Justin McShane
We have all heard of the "three second rule". Namely that if someone drops food on the floor that it is good and safe to eat if you are above to snatch it back up within three seconds. Sometimes we blow on it even to "get off the bacteria, germs and other stuff from the [...]
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Carryover effect part Deux: Autodilution may be part of the problem for false blood results in DUI
March 19, 2010 by Justin McShane
Just recently I posted "The Carry-over Effect: Lack of Blanks between tests leads to false positive or inflated BAC results" where we discussed the carry-over effect in Blood testing in DUI cases. One of the possible places for carry-over effect is when an auto-pipetter is used in an autodiluter. Pennsylvania has some labs that in their [...]
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The Carryover Effect: Lack of Blanks between tests leads to false positive or inflated BAC results
March 3, 2010 by Justin McShane
Imagine. You go into your doctor’s office for a routine physical. As part of that routine physical, the doctor takes your blood. You come back two weeks later where the doctor delivers the single worst sentence you have ever heard in your life: “I’m sorry but you have cancer.” Then comes ever worse news from [...]
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Contextual bias is a particular problem with respect to DUI arrests, not just in the state of Pennsylvania but in the entire country. Through often politicized law enforcement initiatives such as Operation Night Hawk and other similar DUI focused patrols, intense pressure is placed upon police officers and troopers to “hunt” drunk drivers. They are [...]
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What Pac-Man and Inflated and Incorrect Blood Alcohol Content results have in common
January 17, 2010 by Justin McShane
See……there is this animatronic character that we all know called Pac-Man. Pac-Man has everything to do with inaccurate BAC results. Honestly, when was the last time you even thought about playing this great game. Well, here is your chance. Free Online Flash Games Since its release in May 22, 1980, the little pixel gobbling creature [...]
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The Problem with Drug Recognition Expert and Why it is Designed for Failure
December 12, 2009 by Justin McShane
When people think of DUI, they often think of Drunk Driving meaning drinking too much alcohol. There is, of course, another form of DUI that is referred to as DUID or Driving Under the Influence of Drugs, both legal prescription drugs and illegal drugs. As such, it now becomes very important for DUI Lawyers to [...]
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It is a national problem to be sure. It is an endemic and systemic problem. It is a problem that is pervasive and well-known within the scientific community. Yet, it is condoned. In his latest blog post, Bob Keefer, a fellow member of the National College for DUI Defense, Inc and a true trailblazer in [...]
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Why Police Officers, Prosecutors, and Even DUI Defense Attorneys Are Scared to Drive?
October 15, 2009 by Justin McShane
I recently attended a seminar hosted by the National College for DUI Defense and the National Association of Criminal Defense Lawyers. The seminar was in Las Vegas and was entitled “DWI means Defend with Integrity”. The best and brightest minds in the DUI world including the top DUI attorneys and forensic experts gathered to discuss [...]
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As a highly regarded DUI attorney, I invariably get asked “Well, how do I beat the breath test machine?” I always respond, “Don’t worry about beating the Breath test machine. Worry about it beating you.” What I mean by this is that the machine can over-report your true Blood Alcohol Content. In other words, the [...]
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Bad Breath: How You Can be Guilty Not of a DUI, but Guilty of Eating a Hoagie
June 9, 2009 by Justin McShane
A FALSE POSITIVE: We can think of a lot of things in our every day lives that can provide for false positives such as: pregnancy tests quick screen mammograms prostate marker screening tests for cancer PAP smear BREATH TEST MACHINES! We are all probably familiar with the idea of a false positive. Technically, Merriam Webster’s Medical Dictionary defines [...]
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