Category Archives: DUI Testing
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 [...]
read more »
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 [...]
read more »
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 [...]
read more »
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 [...]
read more »
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 [...]
read more »
As an experienced PA DUI Attorney, I have deeply studied the forensic science that is presented in DUI blood tests. This knowledge has helped me win a number of cases and makes me a stronger defender of my clients’ rights. As practiced in a majority of places in the United States, DUI blood tests are [...]
read more »
Another Week, Another Breath Testing Scandal- I Think I See a Pattern
May 13, 2011 by Justin McShane
Another week, another breath testing scandal. Whether it’s Philadelphia or our nation’s capital it seems like states and counties all over the country are reporting the same issue- faulty breath testing equipment leading to erroneous BrAC readings and false DUI arrests and even convictions. This week it’s Santa Clara’s turn. The problem is not limited [...]
read more »
Recently, it was found that incorrectly calibrated and faulty DUI breath testing machines could effect thousands of DUI cases in Philadelphia. I was recently interviewed about the DUI breath test problem in Philadelphia by The Inquirer (philly.com). As a PA DUI Attorney and breath testing expert, I have found that the Philadelphia issue is not [...]
read more »
[Blogger's note and update 3/23/2011: We have been up-to-date on this developing story. The issue as far as we see it is going to effect literally thousands of convictions. The "issue" goes back to the switch over to the Intoxilyzer 8000 which occurred in September 2009.] When I tell people that I am a PA [...]
read more »
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 [...]
Attorney Profile on TheMcShaneFirm.com
Justin McShane on Avvo
Justin McShane on FaceBook
Justin McShane on Google+
Justin McShane on Justia
Justin McShane on LinkedIn
Justin McShane on Super Lawyers
Justin McShane on Twitter
National College for DUI Defense
Videos by Justin McShane