Tag Archives: False Arrest
Can You be Charged with a DUI for Drinking Non-Alcoholic Drinks like Kombucha Tea? Non-alcoholic drinks are classified as those drinks that have an alcohol content of .5%. There have been some reports that show that the alcohol level in Kombucha tea can be sometimes higher. Drinks like Kombucha tea and non-alcoholic malts can potentially [...]
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[Blogger's note and update 3/23/2011: We have been up-to-date on this developing story. The issue as far as we see it is going to effect literally thousands of convictions. The "issue" goes back to the switch over to the Intoxilyzer 8000 which occurred in September 2009.] When I tell people that I am a PA [...]
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Imagine being an asthma patient for a second. You are driving along at night while you are really tired. You may swerve a bit and your reaction time is slow. Suddenly you see blue and red lights flashing in your rear-view mirror. You get nervous and start breathing fast. Since you are an asthma patient [...]
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Every year countless lives are devastated by DUI. When most of us think about the victims of DUI, we usually think about those killed or injured in drunk driving accidents. Beyond the tragedy suffered by them lies another group of people who also deserve our compassion and attention, yet they are totally forgotten. The Forgotten [...]
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One of the reasons I argue against stiffer penalties for DUI is because the technology and testing being used is very inaccurate and there is a high risk that these stiffer penalties will be applied to innocent people. In one case, a Minnesota man tested positive for alcohol and was sent to jail because this [...]
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Sometimes people read my criticisms of the police in Pennsylvania and conclude that I am against them. This is not true. My criticisms stem from my belief that, as stewards of the law, police officers need to be trained extremely well so they can perform their duties properly. It is actually my dream and fantasy [...]
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They Get Off on Technicalities but They’re Really Guilty, Aren’t They?
April 21, 2010 by Justin McShane
In my travels around the country and around Pennsylvania, I run into a number of people. One of the most common questions I get is, "You get them off on technicalities but they’re really guilty, aren’t they?" Here’s a question: Have you ever been accused of something you didn’t do? Of course, at one time or [...]
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Should a police officer have to be ordered to tell the truth? My office and I have litigated thousands of DUI and criminal cases all over Pennsylvania. In this time I have met hundreds of Pennsylvania police officers. In my opinion, most are very sincere in trying to perform their sworn duties with integrity. However, [...]
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Contextual bias is a particular problem with respect to DUI arrests, not just in the state of Pennsylvania but in the entire country. Through often politicized law enforcement initiatives such as Operation Night Hawk and other similar DUI focused patrols, intense pressure is placed upon police officers and troopers to “hunt” drunk drivers. They are [...]
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It is amazing to me how a Pennsylvania DUI is the only crime or charge that someone can be convicted of solely based on an opinion of another person. What I mean by that is that a police officer is frequently called upon during the course of a trial to render his layperson opinion (not [...]
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