Tag Archives: DUI Drugs

Permalink to Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension.   We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean […]

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Permalink to New Article Published about Oral Fluid Testing for Drugs

New Article Published about Oral Fluid Testing for Drugs

A new article co-authored by Attorney Justin McShane has been published in “Voice for the Defense,” a publication of the Texas Criminal Defense Lawyers Association.  The article entitled “PBTs for Drugs: Oral Fluid Collection Devices” discusses the science behind portable breath test devices which are being used to screen for drugs. Law enforcement agencies plan […]

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Permalink to Does what happen in Colorado Stay in Colorado? How Smoking Weed Legally Can Land You a Pennsylvania DUI

Does what happen in Colorado Stay in Colorado? How Smoking Weed Legally Can Land You a Pennsylvania DUI

As of January 1, 2014, the state of Colorado became the first state to legalize marijuana possession and recreational use under certain circumstances. People can now buy marijuana like alcohol. If you are 21 or older, you can buy up to an ounce at a licensed store, as long as you have a Colorado ID. […]

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Permalink to Justin McShane’s Qualifications in DUI Drug Cases

Justin McShane’s Qualifications in DUI Drug Cases

Not every attorney is equipped to defend DUI drug cases. In fact, almost none are.  Just because someone has a law license and therefore can represent you, doesn’t mean that he or she is competent to represent you. But who wants an attorney who is only competent?  Don’t you deserve the very best? There are […]

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Permalink to Big Brother is Watching Your Medicine Cabinet

Big Brother is Watching Your Medicine Cabinet

After the whole NSA uproar you would think that lawmakers would tread softly when it comes to creating databases about law abiding citizens.  Well think again. Recently, the Pennsylvania House of Representatives passed a bill that would create a statewide database to monitor the prescription drugs common citizens are using.  They claim that this database […]

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Permalink to DUI Prescription Drug Help

DUI Prescription Drug Help

One trend I that have noticed here in Pennsylvania is an increase in drug related DUI arrests and in particular arrest related to prescription drugs.  We  have discussed DUI prescription drugs before in our post: DUI Arrests Purposely Targeting Innocent People. DUI drug cases are complex because there are many different types of drugs that […]

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Permalink to Police Pull over Mike Tyson, High on Cocaine, and Give Him a Free Ride to a Crack House?!

Police Pull over Mike Tyson, High on Cocaine, and Give Him a Free Ride to a Crack House?!

One of the major problems with our criminal justice system is that major decisions, about who is arrested and who is let go, are made on-the-spot by under-trained, overworked and sometimes corrupt police officers.  The result is the false arrest of innocent citizens and the truly guilty ones going free. Which brings us to an […]

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Permalink to Court Rules that DRE Protocol is Inadmissible as Evidence

Court Rules that DRE Protocol is Inadmissible as Evidence

Recently, a Circuit Court in Maryland rule that the DRE protocol was inadmissible as evidence because “…it is not generally accepted as valid and reliable in the relevant scientific community…”. The DRE protocol is a twelve step procedure police use to try to determine whether someone is impaired by drugs.  This procedure is used all over […]

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Permalink to DUI Arrests Purposely Targeting Innocent People

DUI Arrests Purposely Targeting Innocent People

You may be surprised to learn that some DUI laws in Pennsylvania specifically target innocent people.  Yes, even if you haven’t had a sip of alcohol or abused any illicit drugs, you can still be arrested for DUI and charged with a DUI equivalent to those with “Highest Rate” blood alcohol levels.  Even for a […]

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Permalink to PA DUI Attorney to Present at NACDL National Seminar

PA DUI Attorney to Present at NACDL National Seminar

PA DUI Attorney Justin McShane has been invited to speak at the highly regarded “Making Sense of Science” Seminar hosted by the National Association of Criminal Defense Lawyers.  The title for this seminar is ” Forensic Science and the Law”. Attorney McShane has been invited to give a lecture entitled “Pharmacology for Lawyers.”  Pharmacology is […]

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