Dauphin County District Attorney Appeals Breath Testing Ruling

Earlier this year, a Dauphin County judge ruled breath testing to be inaccurate over a reading of 0.15% or under a 0.05% BrAC. Judge Lawrence F. Clark Jr. as a result of his findings in the case of Commonwealth v Schildt.  In response, Dauphin County District Attorney Ed Marsico has filed an appeal to that ruling to the  Superior Court of Pennsylvania.

If the Superior Court decided to uphold the ruling, it would become part of Pennsylvania law and would affect cases all across the state.

Battle over use of breathalyzers in DUI cases moves to state court

In something of a gamble, the Dauphin County district attorney’s office is asking the state Superior Court to overturn a county judge’s ruling that severely crimps the use of breathalyzers in drunken driving prosecutions.

Judge Lawrence F. Clark Jr. ruled late last month that breathalyzers, which police throughout Dauphin County use to build DUI cases, aren’t accurate beyond a blood-alcohol reading of 0.15 percent.

The McShane Firm was the firm that fought this case from day one. We are the ones who did the research and found the issue. We are the ones who filed the motion. We are the ones who litigated the case. We are the ones who will continue to fight this case on appeal.  Our defense was based on science and the testimony of highly credentialed scientific experts in the field.  Therefore, we are confident that the Superior Court will rule in our favor based on the finding of facts and the science of the case.

At The McShane Firm we use our knowledge and experience to protect the rights of all drivers in Pennsylvania.  If you are charged with a DUI case in PA, please call 1-866-MCSHANE for a free consultation.

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.

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