In my years of defending DUI cases in Pennsylvania, one of the most common misconceptions I come across is people questioning why I support DUI. The fact of the matter is, I don’t support drunk driving. It is dangerous and many lives are needlessly lost because of DUI each year. Asking a DUI defense attorney “why they support DUI” is akin to asking The Innocence Project “why they support murders.” Criminal defense attorneys do not support or encourage crime, they support and encourage justice.
PA DUI Attorney fights against injustice.
As a DUI defense attorney, I call for reform in the justice system because too many people are being falsely arrested and falsely convicted of DUI. They are too many problems that are going unchecked that undermine the justice system and put all of us at risk of a false conviction. Some of these problems include:
- Police officers who have very little training in DUI detection
- Faulty and inaccurate breath testing equipment
- Lack of oversight to ensure DUI testing equipment is working properly
- Field sobriety tests that are not scientifically validated
- Field sobriety tests do not tell whether the suspect is intoxicated- there are many people who may stumble when asked to stand on one leg for 30 seconds for reasons other than being drunk
- Blood testing is inaccurate
- Crime lab technicians are overworked, under-trained and many lack education in science to begin with
- Rampant lack of oversight in crime labs
- Corrupt police officers try to inflate DUI arrests for their own personal gain
- Prosecutors have been known to conceal evidence
On top of all of these uncertainties, the penalties for DUI are extremely harsh and will affect those convicted for the rest of their lives even if it is the only blemish on their criminal record. They may end losing job opportunities and will be humiliated when anyone searches their criminal record for the rest of their lives.
As a professional Pennsylvania DUI attorney I fight for justice so that innocent people are not convicted of a DUI under such unreliable circumstances.
In the wake of the Troy Davis execution, there has been increased scrutiny of the death penalty in America. Even death penalty supporters have been forced to stop and think after the execution of an innocent man.
Forensics labs are using unreliable and unscientific practices that endanger all of us
The sad fact is that our justice system is broken and the forensic system is even more fractured. The logic goes like this: the heavier the penalties, the more scrutiny that case faces. A death penalty cases has an extensive judicial process- and we still manage to get it wrong and sentence innocent people to death.
So if we can’t get death penalty cases right, then what about cases lower down the pecking order? One look at The Innocence Project site and you will see that hundreds of people have been exonerated based on DNA evidence. If you calculate the time these exonerees served, it amounts to thousands of years spent behind bars for crimes they did not commit. This is a tragedy of epic proportions- and unfortunately this is just the tip of the iceberg because as we speak- many more people are being robbed of their lives by a broken judicial system and are rotting away in jail cells across America.
One of the main causes of false convictions is unreliable or improper forensic science and this is a huge problem especially in DUI and drug cases where the evidence is normally a forensics report and the opinion of a police officer. But there is no call for forensic reform and no action being taken by our politicians in this regard. Instead they are blindly increasing the penalties on DUI without thinking about the thousands of people who are falsely accused of DUI every year.
Just increasing penalties is not the solution- there needs to be changes to protect the innocent.
From Pennlive.com:
PA DUI Attorney asks, "How many more innocent people have to go to jail before we wake up to this problem?"
Pennsylvania man awaiting new trial in 1977 double killing can be released on bail, judge rules
PITTSBURGH — A federal magistrate says a western Pennsylvania man can be released on bail while he awaits a new trial in a 1977 double killing for which he was previously sentenced to life in prison.
U.S. Magistrate Judge Lisa Lenihan on Friday granted 59-year-old David Munchinski approval to live with his daughter near Tampa, Fla. Munchinski’s attorney says he will be taken to a state prison in Pittsburgh and processed for release.
Last month, Lenihan ruled that Munchinski deserves a new trial because she found prosecutors — both now Fayette County judges — withheld evidence that resulted in Munchinski’s 1986 conviction, which the judge called “unworthy of confidence.”
A deputy state attorney general says he has no immediate plans to appeal Munchinski’s release to the 3rd U.S. Circuit Court of Appeals.
Once again you have a person losing decades of their life because of what a federal judge found to be corrupt prosecutors. As a Pennsylvania criminal defense and DUI attorney, I have dealt with a number of prosecutors and for many of them their mindset is to get a quick conviction- regardless of whether it’s the right conviction. There are some very good and noble ones that are sprinkled among them. Not all prosecutors are bad. But there are enough. One of the greatest injustices that can be done to a human- falsely imprisoning them.
There has to be real penalties for prosecutors who withhold evidence. As of today, there is seldom any penalty except for a short-lived headline such as this. If the federal judge’s findings are true, certainly there should be consequences to these prosecutors. My prediction… nothing will happen. So where is the disincentive against future transgression?
Who is the next victim? How many more are rotting away in prisons for crimes they didn’t commit? Will this ever end?
At The McShane Firm, we are fighting hard to make sure these injustices don’t happen again. The justice system is flawed. Our expert PA DUI attorneys serve as an important check and balance system to ensure our clients’ rights are protected.
If you or a loved one is falsely accused of a Pennsylvania DUI or criminal offense, please call 1-866-MCSHANE.
We are gambling with peoples lives and undermining Justice with faulty forensics.
DUI testing scandals are nothing new nor are they even rare. From Central Pennsylvania to San Fransisco to Indiana to the Nation’s Capital, DUI testing scandals have effected tens of thousands of cases across the country. Lack of oversight, mishandling, cover-ups and under-qualified/over-worked technicians have become the norm rather than the exception. This time another DUI testing scandal hits Houston.
As I have argued before, there are two major problems created by the cloud of unreliability hanging over these tests: Innocent people are being falsely convicted and guilty people are not being brought to justice because the evidence is faulty. We are basically playing Forensic Russian Roulette with peoples lives and careers at stake.
We are gambling with peoples lives and undermining Justice with faulty forensics. The next victim could be you or someone you love.
In my years as a PA DUI Attorney, fighting in courtrooms all across Pennsylvania, I have gone toe-to-toe with some of the very best prosecutors in the state and have come out on top. While many prosecutors adhere to ethical and professional standards, a growing number of prosecutors adopt a convict “by any means necessary” approach and in the process utilize shady tactics. Some of the unethical methods commonly used by prosecutors in DUI cases are:
The PA DUI Attorneys at The McShane Firm are ready to fight for you.
- Hiding evidence that could disprove the charges. For example, the dash cam video and witness testimony that goes against their claim of impairment is not reported or is claimed to be defective.
- Knowingly using data from forensic labs which are not following proper procedures and presenting it as reliable evidence.
- Using the testimony of police officers who have been proven to be dishonest.
- Relying on fraudulent forensic experts.
- Hiding the maintenance records of improperly calibrated breath machines.
The penalties for a Pennsylvania DUI conviction are very serious and your opponents are experienced prosecutors. They have ample resources at their disposal to help them reach their goal of convicting you. Your fate lies in the hands of jurors and judges who have been bombarded by DUI propaganda for years and many of them simply see you as guilty once you step into court.
With the deck stacked against you, you need the best. The PA DUI attorneys at The McShane Firm are experienced courtroom lawyers who have the knowledge and power to attack the prosecution and protect your rights. If you or a loved one is facing a Pennsylvania DUI, please call 1-866-MCSHANE for a free consultation.
It is infinitely better to have a few good men than many indifferent ones.
-GEORGE WASHINGTON, letter to James McHenry, Aug. 10, 1798
The police are out to make DUI arrests in PA- the innocent beware!
Most of us are familiar with quality assurance and quality standards. Whether it is taking the steps to limit defective parts in a manufacturing plant or creating a better user experience for our customers and clients, there is a commitment to quality all around us. Quality is the hallmark of any successful organization. For example, at The McShane Firm, our Pennsylvania DUI Attorneys are committed to being the most prepared, the most knowledgeable, and the most professional defense lawyers in PA. We go that extra mile to ensure our clients are getting our best effort, every time.
Many people who go through regular performance reviews will tell you that quality plays a big part in how their job performance is evaluated. Take for example, a factory manager in ACME Widgets who will not only be evaluated on how many widgets his factory produced but also on the percentage of defective parts. A manager who is producing a large number of defective parts is considered wasteful and is promptly fired.
There is a commitment to quality everywhere…except for the police.
Police officers are evaluated on arrests numbers and receive rewards from MADD and other organizations based on arrest numbers- sheer, unadulterated volume. An officer who has made 1,000 DUI arrests is superior to one who has made 500, regardless of how many of those arrests actually end up being convicted. Whenever, the State toots its own horn in the media, it points to increasing arrest numbers without mentioning the percentage of these who were actually convicted. (See my post on how to lie with statistics.) Many of these “high volume” DUI officers are also producing a high number of false arrests and being wasteful, just like the now unemployed factory manager. The difference here is that those who are falsely arrested are real people, not widgets, who have to spend time and money to clear their name. Many of them end up getting falsely convicted of a DUI because of bad forensics, improper legal advice and sweet talking professional witnesses (aka police officers). They receive a lifetime sentence of humiliation and prejudice all for bumping in to an “officer on a mission”.
Despite the fact that these innocent people will have to face jail time, expensive fines and license suspension for a crime they did not commit, the arresting police officer is very rarely reprimanded. In fact, this type of behavior is encouraged as part of the “War on DUI”.
Get lots of arrests, regardless of quality and still be called a hero.
Is this what we want as a society?
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 Victims of DUI
A false DUI conviction in PA can land you in jail.
There is a growing number of people who’s lives have been shattered by false DUI convictions. These are innocent people like you and I whose only crime is being in the wrong place at the wrong time, and meeting an untrained police officer or under-skilled technician. Under Pennsylvania DUI Laws, even one false conviction can potentially lead to jail time, heavy fines, and driving license suspension.
Imagine for a moment not being able to drive. For many of us it is a privilege we take for granted. Many people who have been falsely convicted of a PA DUI face the danger of losing their current jobs based on the fact that they make not be able to get to work easily or complete duties that require them to travel. Not only will a false DUI effect their current job but it will also make it harder for them to find work in the future. Anytime an employer runs a criminal background check, they will see the DUI conviction and may filter out this unfortunate victim based on the stigma attached to DUI.
The forgotten victims of DUI will also face higher car insurance, and will not be able to rent a car.
The Sources of False DUI Convictions in PA
There are many sources of error that can lead to a false DUI conviction. Many times, police officers make mistakes and sometimes corrupt police officers purposely falsify evidence. Then there is the problem of incorrectly calibrated breath machines and even when properly maintained, these breath machine are not accurate and mistake many common substances for alcohol. Even blood tests run on the most advanced equipment can become contaminated from mishandling and the results can be manipulated by lab technicians. If left unchallenged, these errors can lead to false convictions and turn an innocent person into a victim of DUI.
This is why we fight. We fight to protect you from false DUI conviction and a lifetime of shame and hardship. Don’t become another statistic. Call 1-866-MCSHANE to get the best DUI defense in PA and protect your rights.
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 was a violation of his parole terms. The fact of the matter is he did not drink and the positive test was the result of his use of an alcohol-based hand-sanitizer. His charges were dismissed in court and now he is suing the laboratory that makes the tests.
You can get a DUI for using many common substances
Man sues lab over accuracy of alcohol test
Jailed on alleged probation violation, he claims false positive
When convicted drunken driver John Gerard Miller flunked a court-ordered test that showed he’d been drinking while on probation, he swore he hadn’t touched a drop.
Given a record littered with arrests and convictions for driving while impaired, there was little reason to believe him. Probation officers tossed him in jail to wait for a probation revocation hearing.
But when that hearing came, an attorney for Miller showed that June’s positive test results probably resulted from Miller’s use of alcohol-based hand sanitizer — and the company marketing the tests to law enforcement knew such products could skew the outcome but did nothing about it. In November, a judge in Minnesota’s Polk County ruled there was no convincing evidence Miller had violated his probation and ordered him released.
Miller, 46, of East Grand Forks, Minn., is now suing the company that makes the test, Redwood Toxicology Laboratory. He claims the exams, referred to as EtG/EtS, often are skewed by outside substances but that the company never says that when it markets the tests to probation departments and law enforcement.
Under certain circumstances, sadly, such as the case with this fellow, you can be accused of drinking simply by using hand-sanitizer. This is really something we should all think about, especially if you are one of those who believe “If you get charged with a DUI you must have been drinking.” With the increasing penalties for DUI all over the country, even a first arrest at a low rate can have grave consequences. This is especially traumatic fro those who are convicted because of the use of common legal substances which are interpreted as alcohol by these faulty DUI tests. Some of the items that produce false positives might surprise you.
The doctor, Gregory Skipper, said studies have shown a person’s exposure to a variety of everyday items, including hand sanitizers, mouthwash, sauerkraut and even bananas, can produce the same test results as drinking booze.
Add to this list cough medication, white bread, antacids, exposure to paint thinner and even being a diabetic and you will quickly realize that common citizens are arrested everyday and charged with Pennsylvania DUI. This is also one of the main reasons you should consult with an expert PA DUI attorney if you are charged with a DUI violation.
For a free detailed consultation please call 1-866-MCSHANE.
A lot of people don’t realize how mistake-prone the legal system really is. I have been defending Pennsylvania DUI and criminal cases for many years and can tell you that there are many mistakes made. People are mistakenly identified, falsely charged and wrongfully convicted. If you don’t believe me take a look at the innocenceproject.org . To date they have helped exonerate 258 people who were convicted of crimes they did not commit.
I am currently defending Tyshaunt Love of Harrisburg who was convicted of the 1996 murder of his ex-girlfriend Iris Belcher. Love has spent the last five years in jail after he was convicted of third-degree murder in 2005. Dauphin County Judge Bruce Bratton sentenced Love to 15 to 30 years in prison.
Matthew Kemeny of The Patriot-News, did a piece on this case:
Harrisburg man convicted of murder claims innocence, says another man confessed to the slaying
If Tyshaunt Love killed his ex-girlfriend, why did someone else reportedly confess to the slaying?
And why didn’t the Dauphin County jury that convicted Love know this?
An attorney for the Harrisburg man convicted of the 1996 murder of Iris Fennell Belcher will ask for a new trial today, based on what he believes was insufficient evidence presented to the jury at trial.
“I don’t know if he did it or didn’t do it,” said Justin McShane, who is representing Love in his appeal. “But I know this: That jury didn’t get all the information. All he and I are asking for is to make it fair.”
The major point of contention here is that two men heard a confessions made by La-Qun Williams admitting that he killed Belcher. However, the Dauphin County jury never got to hear evidence about the confessions because the public defenders representing Love at the time were not able to get Williams to appear in court. Williams at the time was incarcerated in New York and the public defenders were unaware of the legal options available to compel him to appear in their case.
My argument here is that William’s confessions when examined along with:
- forensic evidence connecting him to the crime scene – Belcher’s blood on his boots and
- a very good motive- he blames Belcher for snitching on him in a 1995 rape case that got him a 25 year sentence
This is major evidence in this case. This evidence needs to be carefully examined in a trial. This is why I am pushing for a new trial, so the jury can make a determination based on all of the evidence available.
This is what defense attorneys all across the country do every day. We push to have all of the evidence fully and properly examined so juries can make their determinations based on the truth. Whether its DUI, homicide, assault or any other charge, every one of us is carrying out our own innocence project.
Another example of how a corrupt and over-zealous prosecutor can ruin lives:
Jabbar Collins, wrongfully convicted of murdering rabbi 15 years ago, won’t be retried: DA’s office
The Brooklyn district attorney’s office won’t retry a man wrongfully convicted of murdering a rabbi 15 years ago – canceling a hearing into misconduct allegations against a top prosecutor.
Whenever I see a story like this I always have mixed emotions. First, I am happy for Mr. Collins that his ordeal is over and that he is now a free man. However, that joy shortly gives way to anger, frustration and sickness when I think of how long he has suffered. 15 YEARS!
- He has no job and has been out of the workforce for so long it will be extremely difficult for him to find meaningful work. He has lost on on significant wages and possible promotions. He may have been at a really good job by now but he was robbed of all of that.
- He has missed a significant part of the lives of his family. He’s missed out on all of their joys and sorrows, picnics, graduations and everything.
- He never had the chance to witness all the progress that has been made in the past 15 years. The Internet, high tech computing, iPhones, and much more will be foreign to him. He will be utterly lost in a world that has changed drastically over the past 15 years and will struggle to become a part of the community around him.
All of this suffering and the DA’s office has shown no remorse for what has happened, despite the fact that the prosecutor concealed evidence and strong-armed witnesses:
Collins was convicted in 1995 of gunning down Rabbi Abraham Pollack as he collected rent money in a Williamsburg building.
The case was gutted by accusations that prosecutors coerced witnesses to testify at the trial and failed to turn over evidence to the defense. The lead prosecutor was Michael Vecchione, now chief of the DA’s rackets bureau.
A key witness insisted last month that Vecchione threatened to bash him over the head with a table and jail him if he didn’t testify against Collins.
Federal Judge Dora Irizarry agreed to toss the conviction, noting with regret that she did not have the authority to complete the hearing into prosecutorial misconduct.
"I didn’t hear at all any kind of acknowledgment that things were done that shouldn’t have been done," Irizarry said. "I think that’s shameful."
District Attorney Charles Hynes vigorously defended Vecchione and defiantly proclaimed his office would not conduct an internal investigation of the allegations.
Way to go Attorney Hynes. Stick up for your buddy who bullied witnesses and ruined a man’s life. Is this justice? Letting the former DA get away with misconduct? Isn’t there a moral obligation to right the wrongs of the past? Shouldn’t there be an inquiry into this to, at the very least, make sure this doesn’t happen again? How much confidence are we left with for these corrupt DA’s?
I’m not trying to paint every prosecutor as a villain. I have met a number of real genuine and super ethical people on the other side who really want to do the right thing. However, there are some bad apples who abuse their extensive powers and enjoy a lack of oversight that lets them get away with it. They ruin people’s lives by robbing them of their freedom.
It’s a pity and a shame.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
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