Many people think that if the police took a blood test that test came back positive for any drugs or over the BAC limit, they will automatically be convicted of a DUI. This is simply not true. A DUI blood test is a piece of paper with a result. In reality, it is an opinion….
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Does your attorney really understand DUI testing?
DUI blood testing is very complex. There are specific scientific procedures which need to be followed in order to produce a valid result. The only way to challenge the result is to know the science behind the tests better than the state experts. This is the big question that you must ask yourself about your…
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When do prescription drugs expire in Pennsylvania? Warrantless Fishing expeditions in DUID cases by the Government
As more and more efforts by our government are being made to try to criminalize legitimate medical palliative care issued by a trained clinician, the more a DUI lawyer has to learn and know about the law and the science behind pharmacology. This is never more true than in the case of Driving Under the…
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Can Diet Soda Make You More Drunk?
There is a lot of science behind how the body processes ethanol. When other substances are also present in the system, chemical reactions can occur which can cause higher blood alcohol levels. Researchers have discovered that drinks mixed with diet soda cause blood alcohol readings which are up to 18% higher than those with normal…
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Introduction to Gas Chromatography Training Video
Gas chromatography (GC) is widely used in criminal cases whether it is to determine blood alcohol results, detect levels of drugs in the system or to identify whether or not that white powder is indeed cocaine. Therefore, it is very important for criminal defense lawyers to be well-educated in GC and be able to understand…
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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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What is Palcohol?
If you haven’t already heard of it, you probably will soon. Palcohol is a form of powdered alcohol. Like Kool-aid, you aid water to the powder and have an instant drink. There are a lot of questions about Palcohol. For example, will it lead to more alcohol abuse? Will people snort it? Will kids be able…
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April’s Fools: On April 1, 2014 Pennsylvania becomes a notice and demand state
On February 19, 2014, effective April 1, 2014, upon the joint recommendation of the Criminal Procedural Rules Committee and the Committee on Rules of Evidence, the Supreme Court adopted new Pennsylvania Rule of Criminal Procedure 574 to provide procedures for the admissibility of forensic laboratory reports in lieu of expert testimony. Click for Order Click…
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How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case
How a Lawyer-Scientist DUI Lawyer can Help: The toxicology of the Justin Bieber case There is a large difference between a DUI lawyer and a DUI Lawyer-Scientist. As I wrote before, I am not just a lawyer, not just a defense lawyer, but a trained Lawyer-Scientist. There are not too many of us out there,…
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The science of the Justin Bieber DUI case: How a lawyer-scientist can help
The science of the Justin Bieber DUI case: How a lawyer-scientist can help [Updated on 26 January 2014 at 905 am EST entitled “The Problem with the Resisting Arrest without Violence charge.”] [Updated on 31 January at 1216 pm EST to include the TMZ link to the GPS records.] There are a lot of my…
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