Earlier today, I blogged on both the issues of Limit of Detection (LOD) and Limit of Quantification (LOQ) error in the context of Pennsylvania underage drinking and/or Pennsylvania underage drinking and driving charges. So, it only makes sense to look at the other extreme…. In the December 28, 2009 Rapid City Journal, an newspaper article reported…
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Underage Drinking and DUI in Pennsylvania: LOD and LOQ Defense
In a previous post, we discussed the seriousness of underage drinking and underage DUI in Pennsylvania. There are many ways a qualified Pennsylvania DUI Lawyer can challenge these cases. From a Pennsylvania DUI lawyers point of view, we are concerned at looking at the Government’s case to see whether or not they can prove their…
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Underage DUI in Pennsylvania and Underage Drinking in Pennsylvania
In Pennsylvania, underage drinking and underage DUI is fairly common. Under Pennsylvania DUI law, someone under 21 found to have a BAC over 0.02 is prosecuted as a High Rate DUI. (Please see our previous post on Pennsylvania DUI penalties for more details.) and a minor with a BAC over 0.00 can be charged with…
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You have heard of the NAS (National Academy of Sciences) study, but have you heard of STARD?
Congress recently commissioned the National Academies to make a searching examination of the state of forensic science in the Courtroom in America. This systemic and detailed examination resulted in a report entitled “Strengthening Forensic Science in the United States: A Path Forward”. The forensic science community was all ablaze as a result of the condemning…
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Pennsylvania DUI Laws: An Interview with Pennsylvania DUI Lawyer Justin J McShane by Lisa Bloom of CNN and CBS News
Pennsylvania DUI Laws: the penalties and consequences are discussed between Justin J. McShane, Esquire, who is an lawyer who specializes in using forensic science for the benefit of the citizen among us who has been accused of a crime or a DUI and Lisa Bloom, a CNN/CBS news analyst. She also asks about the science of DUI…
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The Finger-to-Nose Test is misused in DUID or DRE evaluations
Last week, I explained the clinically designed purpose of the Romberg Balance Test and how in a meaningful way it has never even been facially validated for its intended or purported purpose as a method of recording drug-related impairment in DUID cases, but rather is used as a neurological screening test to rule-out in only…
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How Do You Beat a DUI In Pennsylvania? The Truth
How do you Beat a DUI in Pennsylvania? As a Pennsylvania DUI Attorney I’m always running into someone new in my travels across the beautiful Commonwealth of Pennsylvania and the United States. From Harrisburg to Philadelphia to Pittsburgh and states beyond, one thing that stays the same is the “magic question” that everyone seems to…
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Pennsylvania DUI Blog Year in Review: Part 1
One of my goals with PADUIBlog.com is to give the citizens of Pennsylvania a place where they can turn to learn more about DUI laws in Pennsylvania, how to find the right DUI lawyer in PA, and what consequences a DUI conviction will have on their life. So far the feedback we have received has…
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What the heck is the Romberg test? Does it mean that I have brain damage or I’m impaired?
As a Harrisburg DUI Lawyer who lectures nationally I get asked a lot of questions. Recently I have been focusing a lot of my instruction, my research and my practice on Driving Under the Influence of Drugs (DUID) cases both in terms of analytical chemistry and the fallacies in the roadside testing regime known as…
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Common DUI Myth: Caffeine Sobers You Up
As one of the leading DUI lawyers in Pennsylvania, it’s part of my job to keep up on, among other things, alcohol related science. I found this article earlier this week that dispels a very common alcohol related myth: Caffeine doesn’t reverse the negative cognitive impact of alcohol, study shows ScienceDaily (2009-12-13) — People who…
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