Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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The Disconnect Between Science and Crime Labs
Science is a very important part of criminal law, especially when it comes to DUI. In many cases, the bulk of the evidence lies in blood and breath test reports. To produce valid and accurate results, science has outlined specific methodologies and procedures that need to be followed and if these are violated, the results…
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High Error Rates in State Crime Labs Lead to False Convictions
One of the the problems I face when dealing with state crime labs is that the average judge or juror sees them as being actually infallible and wholly scientific. This couldn’t be further from the truth. The fact of the matter is that these crime labs are about as scientific as a tenth grade chemistry…
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And These are the People We Trust Our Forensics To?
More Reports of Criminal Behavior Call into Question the Integrity of Pennsylvania DUI Crime Labs A forensics technician and phlebotomist in a Pennsylvania DUI crime lab has admitted to stealing from DUI suspects: Lab Tech Accused Of Stealing Money From Suspects, Detective State Police: Woman Admitted To Taking More Than $800 BERKS COUNTY, Pa. —…
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Another DUI Testing Scandal: This time Houston
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…
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Challenging DUI Blood Evidence Part 5: Cross-Examining Forensic Experts
One question young, ambitious lawyers often ask me is, “how do you effectively cross-examine forensic experts?” Cross-examining the prosecution’s experts is one of the most important stages in a DUI case because if that “expert” testimony is left unchallenged, the blood alcohol reading or the drug concentration result will be accepted and most certainly will…
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Forensics Reform: An Issue We Should All be United On
If you ask the average person, there seems to be two schools of thought on the problems in our justice system: 1. They are letting criminal go free. 2. They are punishing innocent people. Clearly there is a huge divide between these two camps. For example if you asked them both about Pennsylvania DUI Laws,…
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Harrisburg DUI Attorney Justin McShane to Present at ACS National Meeting
DUI involves a lot of science. From biology to physiology to chemistry to pharmacology, a diligent DUI attorney must have a firm grasp of the scientific aspects involved in a DUI case. In an effort to provide the very best representation to my clients, I have spent countless hours studying scientific papers, attending seminars and…
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Government-Funded Study Calls for Overhaul of Nation’s Crime Labs
Here is an article about the famous National Academy of Sciences study. I thought I should post it as a follow up to my post about the crime labs in San Francisco. Government-Funded Study Calls for Overhaul of Nation’s Crime Labs Forensic science has helped send thousands of suspected murderers, rapists and other alleged criminals…
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Defending DUI Drug Cases: Part 9 from PA DUI attorney Justin J. McShane
Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture “Defending DUI Drug Cases” in Hartford, CT in December 2009. In Part 9: “Conclusion,” expert DUI Attorney McShane urges his audience to use truth and science in DUI defense instead of “smoke and mirrors.” The McShane Firm is the premier DUI/DWI law firm in Harrisburg,…
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