There’s no such thing as the presumption of innocence in modern day United States and Pennsylvania jury trials. It’s a sad fact that it seems as if a person, especially accused of a DUI, has to prove themselves to be innocent through the course of trial proceedings rather than the proper burden being applied both…
read more »Month: February 2010
DUI Witch Hunting
When I introduce myself as a Pennsylvania DUI lawyer to new people I get some mixed responses. Many people who are probably well intentioned see this as absolutely abhorrent. Then comes the inevitable question set in an offensive tone, “How do you defend THOSE people?”. This leads into discussions about carnage on the road and…
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Defending DUI Drug Cases: Part 1 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 this introduction, expert DUI Attorney McShane presents an overview of how DUI lawyers can use forensic science to successfully defend clients accused of DUI-D cases. The McShane Firm is the premier DUI/DWI law firm…
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DUI Tunnel Vision: How Contextual Bias leads to False Arrests
Contextual bias is a particular problem with respect to DUI arrests, not just in the state of Pennsylvania but in the entire country. Through often politicized law enforcement initiatives such as Operation Night Hawk and other similar DUI focused patrols, intense pressure is placed upon police officers and troopers to “hunt” drunk drivers. They are…
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How an opinion can cost you your license and your freedom
It is amazing to me how a Pennsylvania DUI is the only crime or charge that someone can be convicted of solely based on an opinion of another person. What I mean by that is that a police officer is frequently called upon during the course of a trial to render his layperson opinion (not…
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Putting Innocent People in Jail
I came across this article and it made me sick to my stomach. It made me mad and when you read it I’m sure you’ll be mad too. A “forensics” lab in San Diego was found to be producing faulty test results that lead to innocent people being convicted of being under the influence of…
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Warning about social media when you’re accused of a Pennsylvania DUI
Over the past couple of years, there has been a huge boom in the popularity of Social Networking Sites like Facebook, MySpace, and Twitter. These sites have become part of our daily lives and thus many people have become careless in the use of these sites. Take this warning seriously: If you are accused of…
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What’s more important Sports or Courts?
Olympic doping lab world’s most sophisticated A dope-testing lab considered the most sophisticated in the world is up and running for the 2010 Winter Olympics in Vancouver. I read this article the other day and it got me thinking: What’s more important making sure a cheater doesn’t win a race or making sure an innocent…
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Pennsylvania Police Officer DUI cases
A lot of DUI blogs out there seem to focus on celebrities, politicians, and law enforcement officials who are accused of a DUI. These flashy headline grabbers garner a disproportionate amount of attention. Keep in mind, an accusation is just that- an accusation. At that point it has not been proven in a court of…
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Harrisburg Based DUI attorney Justin McShane invited to speak at the annual Alabama Criminal Defense Lawyer’s Association meeting
Harrisburg based DUI lawyer Justin J. McShane has been invited to present before the Alabama Criminal Defense Lawyers Association on advanced DUI training. Although ACDLA is sponsoring the event, it is a multi-state training seminar The seminar is scheduled for Friday, October 8, 2010 in Biloxi, Mississippi at the the 5-star quality Beau Rivage. The…
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