Category Archives: DUI Science

Permalink to Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

Top 6 Causes for Wrongful Convictions (Part 3) — Bad Forensics

When forensic evidence is presented in the courtroom, there is a general assumption that “if it is scientific, then it must be true.” The reality is much different. Witnesses in white lab coats are much easier to believe than the defendant who has already been stigmatized simply by being charged.  Most jurors are inclined to […]

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Permalink to Mis-calibrated Breathalyzer Machine Problems in PA

Mis-calibrated Breathalyzer Machine Problems in PA

One of the main problems with DUI breath testing is that individual police departments are responsible for making sure the machines are working properly.  There are no checks and balances. Imagine a restaurant conducting its own food and health inspections.  It makes no sense.  Well then why does it make sense for the police to […]

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Permalink to Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension.   We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean […]

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Permalink to Is Scientific Evidence Really Accurate?

Is Scientific Evidence Really Accurate?

  When a forensic science analyst’s testimony is brought to the courtroom, along with its test tubes and white lab coats, many times a jury accepts it as “scientific fact.” Juries are left with the impression that the evidence is more scientific than it actually is.  However, many times faulty forensic data leads to wrongful […]

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Permalink to Can I be Arrested for Using Prescription Drugs?

Can I be Arrested for Using Prescription Drugs?

Under Pennsylvania impaired driving laws, police can charge you with drugged driving (also called “DUID”), even if you’re taking a prescription drug under a valid prescription. The rationale behind this is that some of these drugs may cause impairment. You can be arrested for consuming a number of prescription drugs, the following are some common prescription drugs we […]

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Permalink to Why DUI Attorneys Shouldn’t Announce the Arrest of Celebrities on their Websites or Blogs

Why DUI Attorneys Shouldn’t Announce the Arrest of Celebrities on their Websites or Blogs

Lot’s of people jump to conclusions when news of a celebrity DUI breaks. Recently, this was the case with former NFL quarterback Vince Young. The media makes it look like that charge is a conviction. What is more disheartening is that many DUI lawyers also operate this by posting these very slanted news reports without […]

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Permalink to Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Attorney Justin McShane Published in Understanding DUI Scientific Evidence

Congratulations to Attorneys Justin McShane and Katherine McShane, of The McShane Firm, who co-authored a chapter in the book Understanding DUI Scientific Evidence.   This book is widely respected in legal circles as it is authored by top attorneys and scientists. The chapter they authored is entitled “Pennsylvania DUID Prosecution: The Measurand Problem” . DUI Drugs (DUID) is a […]

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Permalink to 5 Ways the Criminal Justice System is Compromised by Bad Forensics

5 Ways the Criminal Justice System is Compromised by Bad Forensics

Fraudulent practices and bad science are nothing new at crime labs unfortunately.  There have been many recent cases which highlight this.  One of the most notorious has been the case of Annie Dookhan.  According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering […]

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Permalink to New Ruling Clears the Way for Thousands to Challenge based on False Forensics

New Ruling Clears the Way for Thousands to Challenge based on False Forensics

The name Annie Dookhan has become synonymous with false fabricated forensics.  She is a personification of everything that is wrong with crime labs across the nation. According to the New York Times: Ms. Dookhan pleaded guilty in 2013 to 27 counts, including perjury, obstruction of justice and tampering with evidence, and was sentenced to three […]

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Permalink to FBI “experts” help convict a man using hair analysis, Except the hair was from a dog

FBI “experts” help convict a man using hair analysis, Except the hair was from a dog

This is abhorrent-  a travesty of justice. For decades, FBI hair analysis “experts” gave FALSE testimony in court to help their prosecution buddies: The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal […]

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