“The eyes don’t lie” or can they? The future of the HGN test in PA

“The eyes don’t lie” or can they?

The McShane Firm attorneys acted through the Pennsylvania Association of Drunk Driving Defense Attorneys (PADDDA) as amicus curiae in filing an amicus brief with the Supreme Court of Pennsylvania in the case of Commonwealth v. Weaver.

The certified question by the Pennsylvania Supreme Court in Commonwealth v. Weaver:

Whether horizontal gaze nystagmus (HGN) field sobriety test results, which have been deemed to be scientific evidence under Pennsylvania precedent, are [in]admissible at a suppression hearing for lack of probable cause to arrest for driving under the influence absent any admission of foundation evidence presented to show that the HGN test is generally accepted in the scientific community?

Here is the official PADDDA amicus brief: http://www.paddda.com/wp-content/uploads/6-12-14-Weaver-E-FINAL-SIGNED.pdf

Here is the full appendix: http://www.paddda.com/wp-content/uploads/6-12-14-Weaver-Full-Appendix.pdf

 

The structure of the brief was brainstormed and written by Attorney Justin J. McShane of The McShane Firm as well as Attorney TC Tanski also of The McShane Firm, and Richard Roberts, Senior Legal Intern at The McShane Firm.

Justin McShane

We all wish Dave Erhard of Gettysburg, who has the merits brief on behalf of the motorist accused, the very very best in his homestretch preparation on his merits brief. I am confident that it will be excellent.

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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