And the winner is…..

Back on December 1, 2009, I posted a first ever “The www.PADUIBlog.com Charity Giveaway” which I will make a yearly event.  it is a simple way to say thank you.  This year we asked you to vote on the winner of a five hundred dollar ($500.00) give away. The entrants were:  PAWS of Central PA, Merrick…

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Why forensic science testing for DUI BAC determination is the silly sister of analytical science: Good Laboratory Practices

I have written before, perhaps rhetorically:  Why if someone is allowed full due process of law are we also not entitled to due process of science? It seems backward.  Law at the expense of science or science at the expense of law, doesn’t it? One would think rationally that we would be entitled to full…

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DUI related axoims: Paradigm shift towards Data Driven Decision Making (D3M)

An axiom is a type of postulate or a proposition that is not proved or demonstrated but is considered to be so true as to be organically self-evident.  Therefore, its truth is taken for granted, and serves as a starting point for deducing and inferring other (theory dependent) truths that require proof. As we discussed…

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Why it is right to be a modern day skeptic: The need to continue to challenge sacred cows: Paradigm Shift

(Pictured above:  A sacred cow) A sacred cow is defined as "an object or practice which is considered immune from criticism, especially unreasonably so." They exist all around us.  Some healthy.  Most are not.  It is vitally important for the evolution of man and science to identify, examine and challenge sacred cows.  In short to…

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DUI Editorial: Shifting the burden: A favorite tactic of DA’s

I just came back from a conference, specifically the NCDD Winter Session, where the nation’s best and brightest DUI Lawyers assembled.  At these conferences, people learn as much if not more outside of the formal structured learning sessions as perhaps they do in them. After one of the sessions, at dinner, several of us were lamenting…

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CNN and CBS news analyst Lisa Bloom interviews Pennsylvania DUI Lawyer Justin McShane on DUID and Marijuana

CNN and CBS news analyst Lisa Bloom interviews Pennsylvania DUI Lawyer Justin J McShane about Driving Under the Influence of Drugs, Marijuana metabolites, second hand marijuana smoke and the importance of pharmacology in DUID cases.       -Justin J. McShane, Esquire, Pennsylvania DUI Attorney I am the highest rated DUI Attorney in PA as Rated by Avvo.com You…

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Harrisburg based DUI Lawyer earns Field Sobriety Assessment certification

Harrisburg based Pennsylvania DUI Lawyer, Justin J McShane, Esquire on January 8, 2009, became Pennsylvania’s first and consequently only certified attorney in “Field Sobriety Assessment” or (FSA). From, the the FSA website FSA promotes objective, science-based behavioral assessment of intoxication, including the use of field sobriety testing. It provides training and certification to professionals involved in DWI…

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An Ode to to the video from the cop car: Dash-cameras/Mobile Video Recorders (MVRs)

Recently I was asked by someone who was accused of a DUI in Lebanon:  "What about the video from the cop car?" I told him that generally speaking the video is great for the citizen accused.  You would simply be amazed the number of times that police reports and testimonies differ from the recordings.  The…

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Dude, I just got convicted by a breath test machine that was state-of-the-art in 1984

I frequently talk to people about evidentiary breath testing.  I explain the weaknesses of one infamous and silly device called the Intoxilyzer 5000.  This is the breath test machine used by the Harrisburg Police Department and other surrounding police departments. After I explained a lot of the shortcomings it seems that about 9 out of…

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