The Fight to End Breath Testing in Pennsylvania

At The McShane Firm we are committed to justice.  Sometimes the pursuit of justice means going up against impossible odds and putting in extraordinary effort.

For the McShane Firm, the pursuit of justice has pinned  us up against the establishment of the Commonwealth of Pennsylvania.  In the interests of protecting the falsely accused, The McShane Firm has motioned to dismiss all DUI breath testing results in Pennsylvania. This would effectively ban all breath testing in PA.

Last week, Dauphin County Judge Lawrence F. Clark in the case of Commonwealth v Schildt (complete ruling) ruled that the current calibration methods for Pennsylvania breath testing machines leave the devices inadequate to measure samples outside of the range of 0.05% to 0.15%.   The judge also noted that the manufacturer of the Intoxilyer 5000EN, CMI Inc., which is in use all across Pennsylvania, was found to be non-compliant with state regulations.

“As a result of the evidence produced at the hearing, it is now extremely questionable as to whether or not any DUI prosecution which utilizes a reading from an Intoxilyzer 5000EN breath testing device could presently withstand scrutiny based upon the startling testimony of the commonwealth’s own witness, Mr. Faulkner, at the hearing,” Judge Lawrence F Clark, Jr wrote in his opinion in the Schildt case.

As a result we did what we felt was necessary to protect the innocent in this great state. We filed a motion to dismiss all current breath test cases involving our clients.

We don’t want drunk drivers out on the road any more than you do. Let’s get them, but let’s do it the right way.

We understand that many people may be confused or skeptical about this. Remember, I live here in Pennsylvania. I have a beautiful young daughter and lots of family and friends who live here too. The purpose of this motion and this effort is to make our streets safer. It is not to put drunks back out on the road. It is a vehicle to force our state out of using 30+ year old breathalyzers and technology that was modern in the 1950’s and move into this century with better and more scientific testing. Only the guilty should be punished.

I have seen with my own two eyes people being sentenced to jail and losing their licenses because false DUI conviction based on these out-dated breath testing relics. This could happen to anyone, you and I included. We need to ensure that we are convinced that people who are truly guilty are the only ones who are found guilty. For that noble goal, we must end breath testing for DUI in PA.

If you like to have your case reviewed to see if it can be challenged under this new ruling, please use the form below to submit your question. Or contact us at:

The McShane Firm LLC
3601 Vartan Way, 2nd Floor
Harrisburg, PA 17110
Phone: (717) 657-3900 or 1-866-MCSHANE
Fax: (717) 657-2060
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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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