Category Archives: DUI Science
More Reports of Criminal Behavior Call into Question the Integrity of Pennsylvania DUI Crime Labs A forensics technician and phlebotomist in a Pennsylvania DUI crime lab has admitted to stealing from DUI suspects: Lab Tech Accused Of Stealing Money From Suspects, Detective State Police: Woman Admitted To Taking More Than $800 BERKS COUNTY, Pa. — [...]
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DUI testing scandals are nothing new nor are they even rare. From Central Pennsylvania to San Fransisco to Indiana to the Nation’s Capital, DUI testing scandals have effected tens of thousands of cases across the country. Lack of oversight, mishandling, cover-ups and under-qualified/over-worked technicians have become the norm rather than the exception. This time another [...]
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Recently Gov. Corbett signed a law banning bath salts and other forms of synthetic marijuana and drugs. However, even before the ink dried, the inevitable happened: People made new drugs. From synthetic drugs to exotic plants to cleaners and chemicals, people have found new ways to get high and continue the cat-and-mouse game with the [...]
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Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts
August 29, 2011 by Justin McShane
One question young, ambitious lawyers often ask me is, “how do you effectively cross-examine forensic experts?” Cross-examining the prosecution’s experts is one of the most important stages in a DUI case because if that “expert” testimony is left unchallenged, the blood alcohol reading or the drug concentration result will be accepted and most certainly will [...]
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Challenging DUI Blood Evidence Part 4: Sources of Error in Blood Testing
August 22, 2011 by Justin McShane
Being able to challenge DUI blood evidence effectively is one of the ways The McShane Firm separates itself from the rest of the crowd in Pennsylvania. Our attorneys are expert at exposing the weaknesses in the government’s case and challenging its evidence. DUI blood testing inherently has a number of sources of error that can [...]
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In Pennsylvania DUI cases, blood testing evidence holds a place of great importance because its results are normally seen as accurate and scientific. Prosecutors think that blood evidence is without flaw. This is far from true. In this series, Challenging DUI Blood Evidence, we offer a simple yet comprehensive look at blood testing in DUI [...]
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In our on-going series on DUI blood testing, we aim to educate our readers to help them understand the evidence collected against them. Today we examine How Blood is Tested for DUI Cases. When it comes to blood testing for DUI cases they come in two types and then sub-types. The first category depends upon [...]
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In my years as a PA DUI Attorney, I have learned that the ability to challenge DUI blood evidence is a vital skill that can help win many cases. This is because there is a common myth that DUI blood testing is accurate and precise. Prosecutors treat it as if it is the “Holy Grail [...]
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The Supreme Court Announces its Decision in Bullcoming v. New Mexico in Favor of the Petitioner The Supreme Court of the United States has reversed the decision in the case of Bullcoming v. New Mexico siding with the argument that the prosecution using a surrogate forensic analyst who was not involved in the actual testing [...]
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If you ask the average person, there seems to be two schools of thought on the problems in our justice system: 1. They are letting criminal go free. 2. They are punishing innocent people. Clearly there is a huge divide between these two camps. For example if you asked them both about Pennsylvania DUI Laws, [...]
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