“The eyes don’t lie” or can they? The future of the HGN test in PA

“The eyes don’t lie” or can they? The McShane Firm attorneys acted through the Pennsylvania Association of Drunk Driving Defense Attorneys (PADDDA) as amicus curiae in filing an amicus brief with the Supreme Court of Pennsylvania in the case of Commonwealth v. Weaver. The certified question by the Pennsylvania Supreme Court in Commonwealth v. Weaver: Whether…

read more »

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…

read more »

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…

read more »

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,…

read more »

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…

read more »

Oral Fluid Drug Test-Frye and Daubert hearings-The future of DUID enforcement

Oral Fluid Drug Test for DUID cases: Frye and Daubert hearings The future is Oral Fluid Drug Test. The writing is on the wall. Through increased federal funding and a re-prioritization of law enforcement, Driving Under the Influence of Drugs (DUID) is an emerging enforcement priority by police across America. The difficulty has been in…

read more »