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.
The National College for DUI Defense (NCDD) sponsors the most intensive and advanced DUI training seminars an attorney can attend. Not only do the Pennsylvania DUI attorneys at The McShane Firm regularly attend these seminars, I have been invited to present my research at the 2012 NCDD Winter Session to be held in Orlando from Jan. 19-20, 2012. My presentation is entitled “Why there is no Science in Evidentiary Breath Testing”.
DUI breath testing is completely unscientific. We are gambling with people's lives.
Briefly, DUI breath testing as it is used today was developed in the 1950′s and has remained largely unchanged since tat time regardless of the fact that science has completely evolved. DUI breath testing machines use an indirect method to produce a result and this method is not specific to ethanol. Many other substances, even some that are naturally produced in our bodies, can confuse the machine into producing erroneous readings even in people that are completely sober. On top of this, the software that these machines use have never been scientifically validated and there is an absence of oversight when it comes to making sure the machines are checked for its calibration properly. When all of this is taken into account, it is clear that thousands of people are being tested daily on inaccurate and unvalidated technology. DUI breath testing is a complete crap shoot.
Once again, it is a tremendous honor to be selected to speak at such a prestigious event which once again shows the recognition my work has received in the broader legal community.
Save yourself from a False Pennsylvania DUI
Over the holidays, many Pennsylvania drivers will be stopped by police for DUI. Law enforcement is a human endeavor and police officers are prone to mistakes which can lead to false arrest. As citizens fit is up to you to arm yourself with knowledge of the law so you can protect yourself against a false DUI.
This is why The McShane Firm has put together a guide to help educate you on your rights and how you should use them. Please read: What to Do if You’re pulled over for DUI in PA.
If you need professional advice on a DUI or criminal matter, please contact the Pennsylvania DUI attorneys at The McShane Firm at 1-866-MCSHANE.
As a committed and professional Pennsylvania DUI Attorney, I have devoted a lot of my time to studying the scientific aspects of DUI cases and have spent even more time training and answering questions for other attorneys and law students. It is one of my goals to promote scientific knowledge in the legal community and I am always available to help out. So if you are an attorney, law student, someone accused of a crime or someone who just has questions about DUI, feel free to contact me.
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or you can contact me the old fashioned way by calling 1-866-MCSHANE.
At The McShane Firm, we pride ourselves in having an all-star team of specialist PA DUI Attorneys. All of our lawyers are highly trained and share our core values of fighting with every possible inch the law allows to protect the rights of our clients. One of our important team members is Attorney David Hoover who is quickly gaining a reputation across Pennsylvania as a fierce advocate and trial attorney.
PA DUI Attorney David Hoover has the experience and knowledge to fight for you.
Specialized DUI Training
Attorney Hoover served as the Judicial Law Clerk to The Honorable John A. Boccabella of the Berks County Court of Common Pleas and conducted extensive research on Pennsylvania DUI laws and drafted countless judicial opinions. This earned him a deep understanding of Pennsylvania DUI law and most importantly how judges view the evidence in a case.
Attorney Hoover frequently attends intensive, advanced DUI training seminars and has become an expert in the laws, procedures, biological aspects, and the forensic science related to DUI cases. Not only does he have the knowledge required, but he is also adept at explaining the highly technical aspects of his case in a way judges and jurors can understand. These skills have helped him win many tough cases that other lawyers would have plead guilty to without a fight.
If you need a Pennsylvania DUI lawyer who has the knowledge and skills to defend your case, call Attorney Hoover at 1-866-MCSHANE.
My two year old daughter Mia asked me for the first time recently what I did at work. My response: “I help people.” She smiled, approved and said that it was good to help people.
While it might not be well liked or socially popular, criminal defense attorneys play an important role in society by simply helping people in a time of need. In my career and travels all over the country, I have been the object of scorn, ridicule and have been punched, cursed at and spit at all because I choose to take a humane route and help defend a person in their time of greatest need. It’s a thankless job, showing mercy when so few would.
If there is a load that you have to bear, that you can't carry, I'm right up the road. I'll share your load, if you just call me.
A while back I was defending a murder case here in Pennsylvania, when a man spit in my face one day and then tried to do it again every day thereafter for the entire five day trial. He yelled at me and cursed at me for defending this “murdering SOB.” It came to pass that nearly two years to the day when he spat in my face that his beloved son was accused of a gang fight and shooting another person, he was charged with attempted murder.
The same man who had spit in my face for five days straight and cursed me for defending a “murderer,” now wanted me to do that which he found so objectionable for his son: defend him even though he was guilty- in other words help him in a time of need.
And you know what I did? I defended his son and I defended him well. I never once reminded him of how we met until he brought it up after the trial. He revealed to me his great shame and life-long regret for not understanding the role that I played. He said that now having lived through this that he was sure that I wasn’t just necessary for his son, but for every man’s son. He cried in my office, while asking for my forgiveness.
What I really wish people would understand is that even a person who is objectively guilty of the most heinous crime has a right to be defended in a court of law. This right is enshrined in our Constitution and is the hallmark of a civilized and democratic society.
So before you spew hate and shower us in criticism, please remember – all we’re tying to do is help people.
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 is in violation of The Confrontation Clause.
PA DUI Attorney Justin McShane worked on the amicus brief in the landmark case of Bullcoming v. New Mexico before the U.S. Supreme Court
As a foremost expert in gas chromatography, PA DUI Attorney Justin McShane was one of the lawyer-experts who co-authored the amicus brief in this case and The Court favored amici arguments in its opinion. The credit goes to Professor Jeffrey Fisher who framed, wrote and argued successfully not only this case but all of the other Confrontation Clause wins. The influence of the amicus brief that McShane co-authored with Lenny Stamm, Ron Moore, Barbara Bergman, Molly Schmidt-Nowara and Alexandra Freedman Smith could clearly be seen throughout and in particular here:
Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing protocol, the analyst extracts two blood samples and inserts them into vials containing an “internal standard”—a chemical additive. App. 53. See McNair 141–142. The analyst then “cap[s] the [two] sample[s],” “crimp[s] them with an aluminum top,” and places the vials into the gas chromatograph machine. App. 53–54. Within a few hours, this device produces a printed graph—a chromatogram—along with calculations representing a software-generated interpretation of the data. See Brief for State of New Mexico Dept. of Health, SLD as Amicus Curiae 16–17.
Although the State presented testimony that obtaining an accurate BAC measurement merely entails “look[ing] at the [gas chromatograph]machine and record[ing] the results,” App. 54, authoritative sources reveal that the matter is not so simple or certain. “In order to perform quantitative analyses satisfactorily and . . . support the results under rigorous examination in court, the analyst must be aware of, and adhere to, good analytical practices and understand what is being done and why.” Stafford, Chromatography, in Principles of Forensic Toxicology 92, 114 (B. Levine 2d ed. 2006). See also McNair 137 (“Errors thatoccur in any step can invalidate the best chromatographic analysis, so attention must be paid to all steps.”); D. Bartell, M. McMurray, & A. ImObersteg, Attacking and Defending Drunk Driving Tests §16:80 (2d revision 2010) (stating that 93% of errors in laboratory tests for BAC levels are human errors that occur either before or after machines analyze samples). Even after the machine has produced its printed result, a review of the chromatogram may indicate that the test was not valid. See McNair 207–214.Nor is the risk of human error so remote as to be negligible. Amici inform us, for example, that in neighboring Colorado, a single forensic laboratory produced at least 206 flawed blood-alcohol readings over a three-year span, prompting the dismissal of several criminal prosecutions. See Brief for National Association of Criminal Defense Lawyers et al. as Amici Curiae 32–33. An analyst had used improper amounts of the internal standard, causing the chromatograph machine systematically to inflate BAC measurements. The analyst’s error, a supervisor said, was “fairly complex.” Ensslin, Final Tally on Flawed DUI: 206 Errors, 9 Tossed or Reduced, Colorado Springs Gazette, Apr. 19,2010, p. 1 (internal quotation marks omitted), available at http://www.gazette.com/articles/report-97354-police-discuss.html . (All Internet materials as visited June 21, 2011, and included in Clerk of Court’s case file).
This is yet another milestone in Attorney McShane’s illustrious career as a DUI expert attorney and speaks volumes about his experience and knowledge. While most lawyers in Pennsylvania have never taken a DUI case to trial, Attorney McShane has helped fight and win DUI cases and provided input in The Supreme Court of the United States that has now had a global impact on all DUI prosecutions throughout the United States.
If you are looking for an experienced Pennsylvania DUI Attorney to handle your case, choose the best- choose The McShane Firm at 1-866-MCSHANE.
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 most DUI attorneys do not have the expertise to be able to challenge this evidence properly. I have been able to use my scientific knowledge of this process in courtrooms across Pennsylvania and have been successful in defending my clients in the face of blood test evidence.
PA DUI Attorney Lectures on Gas Chromatography
Over the past few weeks I have presented at lectures about DUI blood testing at four major DUI training seminars across the country.
1. American Chemical Society course by Dr. Lee Polite, BA, MBA, PhD and Harold McNair, PhD “Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry: Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry and High Pressure Liquid Chromatography (a lecture laboratory course)”
The American Chemical Society is comprised mostly of scientists not lawyers. This is why this course is very important because it validates Attorney McShane’s scientific credentials in the field of analytic chemistry. This small group, week-long, hands-on laboratory course is Attorney McShane’s brainchild and legacy. The course is not only made up of instruction in the theory of Headspace Gas Chromatography with Flame Ionization Detector but also other forms of forensic chromatography and detectors such as Mass Spectrometry and diode array UV/Vis. The participants spend a full five days of actually preparing and operating the instrumentation. This is the third full course offered with two more full classes scheduled by the end of the year.
2. Texas Criminal Defense Lawyer’s Association “DWI Defense Project-DWI Science: What You Must Know to Win!”
At this one day seminar, Attorney McShane taught the attorneys present how to spot issues in DUI blood testing by teaching the basic principles of Headspace Gas Chromatography with Flame Ionization Detector that is used in determining Blood Alcohol Content. He was rated as the top-rated speaker yet again for his entertaining and informative presentation.
3. Maryland Criminal Defense Attorney’s Association seminar “7th Annual Advanced DUI Seminar”
At this day-long seminar, Attorney McShane was once again called upon to teach Headspace Gas Chromatography in a long format. Attorney McShane not only taught the basic scientific principles as he has done before, but also detailed advanced issues including resolution, sensitivity, selectivity and method validation issues.
4. The California Public Defenders Association “Third Annual Two-Day DUI Defense Practice Institute”
At this conference, Attorney McShane not only taught the attendees about Headspace Gas Chromatography with Flame Ionization Detector that is used in determining Blood Alcohol Content, but also took part in a panel discussion on best practices in defending all manners of DUI accusations.
If you are looking for a PA DUI expert, then call The McShane Firm. We challenge you to ask the hard questions and find the very best DUI attorney in PA to handle your case. When you meet with an attorney ask them about Gas Chromatography and when was the last time they lectured about the subject at a DUI seminar. Ask the tough questions and make the selfish decision to choose the very best lawyer to protect your freedom.
You Will Have Almost No Chance of Winning Your DUI Case if You Choose the Wrong Lawyer
There are some really bad lawyers out there who will give you bad advice about Pennsylvania DUI
If you are facing DUI charges in PA, you are up against an experienced prosecutor armed with professional witnesses (police officers) and “scientific” evidence who is looking to convict you. The only way to stop them is having a strong defense. However, just because someone is a practicing attorney, doesn’t mean he/she is a good lawyer. Unfortunately, many people end up choosing the unprofessional, incompetent quasi-lawyers. The results can be devastating. Bad lawyering is listed as one of the main causes of wrongful conviction by the Innocence Project:
Asleep on the job
A review of convictions overturned by DNA testing reveals a trail of sleeping, drunk, incompetent and overburdened defense attorneys, at the trial level and on appeal. And this is only the tip of the iceberg. Innocent defendants are convicted or plead guilty in this country with less than adequate defense representation. In the some of the worst cases, lawyers have:• slept in the courtroom during trial
• been disbarred shortly after finishing a death penalty case
• failed to investigate alibis
• failed to call or consult experts on forensic issues
• failed to show up for hearings
In the context of Pennsylvania DUI, we hear about many DUI attorneys in PA who encourage clients to quickly plead guilty without conducting a proper investigation into the facts and challenging the prosecution’s evidence. Many lawyers in the area do not have the knowledge and training required to properly challenge DUI blood tests and forensic evidence. As a result, they give their clients bad advice rather than admit their own shortcomings. Being innocent or wrongly accused isn’t enough. You need to have a DUI attorney who can marshal the resources necessary to defend you aggressively and to full effect.
At The McShane Firm, we pride ourselves on being the most prepared and dedicated DUI attorneys in PA. No where else in Pennsylvania can you find such a team of highly trained DUI expert attorneys who have real courtroom experience and have defended cases from first time DUI to DUI homicide. We are committed to excellence in DUI defense and we are prepared to fight your case using every inch the law allows.
Robert Frost once said “A jury is twelve persons chosen to decide who has the best lawyer.”
The PA DUI Attorneys at The McShane Firm are trained to handle all types of DUI cases including complicated CDL cases. I have blogged about Pennsylvania CDL DUI laws and penalties in the past. Under Pennsylvania DUI Law, CDL drivers face the stiffest penalties even if the DUI occurred in their personal non-commercial vehicle, and even if they are clearly off-duty. If convicted of a DUI, PA CDL drivers will face a license suspension on both their personal and CDL licenses. Even after the CDL license suspension is served, CDL drivers will have a very hard time finding work because most trucking companies will see the DUI conviction on background checks and steer clear of that driver. For CDL drivers, a DUI conviction can be a death penalty for their career.
Many CDL drivers choose the PA DUI lawyers at The McShane Firm to protect their careers.
This is why it is so important for CDL drivers to find the best DUI attorney to fight their case. This is why many CDL drivers turn to the PA DUI attorneys at The McShane Firm.
Recently, a Pennsylvania CDL driver charged with a DUI made the choice that would save his career. He chose The McShane Firm. Attorney Shawn Dorward fought his case with one goal in mind: to win. Attorney Dorward went to work attacking the prosecution’s evidence and and maintaining his client’s innocence throughout. He did not stop working until he secured a full dismissal of the DUI charges against his client. Getting these types of results takes plenty of hard work and Attorney Dorward is no stranger to staying late in the office preparing his cases. Like all of the DUI lawyers at The McShane Firm, Attorney Dorward has the knowledge, experience and commitment to offer the best possible DUI defense for his clients and protect their rights.
Every case has unique details and circumstances and while results are not guaranteed one thing is for sure: The McShane Firm is committed to providing you the best DUI defense in PA.
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