Tag Archives: Blood Tests
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 [...]
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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 [...]
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As a respected DUI expert attorney, I have been invited to many DUI training seminars to share my expertise, particularly in the area of DUI blood testing. Gas Chromatography is the process used to measure blood alcohol content (BAC) and is considered by many prosecutors to be “invincible” and an “automatic conviction.” That is because [...]
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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 [...]
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Attorney McShane to Lecture at Mastering Scientific Evidence, a NCDD National Seminar
March 21, 2011 by Justin McShane
PA DUI Attorney Justin McShane to Lecture at the 18th Annual Mastering Scientific Evidence in DWI/DUI Cases I have worked extremely hard to become the best DUI Attorney I can be and have been recognized for this by DUI lawyers all over the country. One of the highest forms of recognition is being asked to [...]
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Pennsylvania DUI Lawyer Justin McShane Wins an Unprecedented Decision Through hard work and a thorough review of the evidence, I was able to win an appeal of a motoristwrongly convicted for Pennsylvania DUI. The issue is that there is a difference between testing whole blood and non-whole blood. Simply put, testing non-whole blood results in [...]
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I have blogged a lot on Blood Testing for DUI and specifically Gas Chromatography for alcohol (ETOH) or drugs of abuse testing used in DUI prosecutions. Some people ask: Justin, your posts are so hyper-technical, why do you post such detailed stuff? When you are facing a Pennsylvania DUI, possible consequences include jail time, [...]
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Personal bias is bad, but analytical bias spells disaster in DUI BAC and Drugs of Abuse testing
March 17, 2010 by Justin McShane
All analytical devices are subject to analytical drift. Analytical drift occurs during as a result of just good old fashioned use or over time even with a lack of use. As the machine is used time and time again, it will become less precise and/or less accurate. Accuracy is characterized by large standard deviation with [...]
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In analytical chemistry for ETOH and Drugs of Abuse determination, it is very true that the matrix is all around us but truly is ignored
March 15, 2010 by Justin McShane
Keanu Reeves in the movie The Matrix noted that the matrix is all around us, you just haven’t chosen to see it. He had no idea that his statement would hold true in analytical testing for ETOH and drugs of abuse testing in DUI prosecution as well. The matrix is the substrate form which we [...]
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The Carryover Effect: Lack of Blanks between tests leads to false positive or inflated BAC results
March 3, 2010 by Justin McShane
Imagine. You go into your doctor’s office for a routine physical. As part of that routine physical, the doctor takes your blood. You come back two weeks later where the doctor delivers the single worst sentence you have ever heard in your life: “I’m sorry but you have cancer.” Then comes ever worse news from [...]
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