dui drugs

DUI Arrests Purposely Targeting Innocent People

You may be surprised to learn that some DUI laws in Pennsylvania specifically target innocent people.  Yes, even if you haven’t had a sip of alcohol or abused any illicit drugs, you can still be arrested for DUI and charged with a DUI equivalent to those with “Highest Rate” blood alcohol levels.  Even for a…

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Choosing the right DUI lawyer can make the difference between "guilty" and "not guilty"

What Happens When You Choose the Wrong Lawyer

For a person charged with a DUI, selecting the right lawyer is the most important choice they can make. In my travels across Pennsylvania and across the country, I have noticed a huge difference in the approach that attorneys take in handling DUI cases: There is one group which rigorously prepares and defends DUI cases…

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The Confrontation Clause: The Primary Purpose Rule and the Particular Witness Rule

The Confrontation Clause: The Primary Purpose Rule and the Particular Witness Rule

The below is a full lecture on the Confrontation Clause and the explanation of the “Primary Purpose Rule,” the “Particular Witness Rule,” and an examination of all of the current cases as decided or pending before the United States Supreme Court. This lecture is presented from a practical point of view for the benefit of…

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State Bill Seeks to Mandate DUI Interlock Devices for Non-DUI Charges

State Bill Seeks to Mandate DUI Interlock Devices for Non-DUI Charges

State lawmakers in Washington State have proposed a bill that would require DUI ignition interlock devices for those who have had their DUI charges reduced to reckless driving: Goodman is sponsoring another bill, HB 2443, that would require the use of breath alcohol ignition interlock devices for those originally charged with DUI but convicted of…

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Congress is seeking to make interlock devices mandatory for all DUI offenders.

Bill Seeks to Make Interlock Mandatory for all DUI Offenders

Slowly but surely, DUI lobbies are pushing for laws that will curtail the rights of all citizens.  It is well known that it is part of MADD’s agenda to make interlock devices mandatory standard equipment on all vehicles.  In most states, including Pennsylvania, ignition interlock devices are mandatory only for repeat DUI offenders.  A bill…

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The Disconnect Between Science and Crime Labs

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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Pennsylvania Judge Finds Defendant Guilty of DUI Despite an Acquittal by the Jury?!

Pennsylvania Judge Finds Defendant Guilty of DUI Despite an Acquittal by the Jury?!

Recently a Pennsylvania judge found a defendant guilty of DUI even though the jury in the case acquitted her.  Twelve members of the jury sifted through the evidence and arrived at a unanimous decision- only to have the judge completely ignore their autonomy: DUI defendant who lost license acquitted by jury, convicted by judge Jessica…

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Attorney McShane has been chosen as a Sustaining Member to the National College for DUI Defense.

Attorney McShane Elected as a Sustaining Member of the NCDD

Recently, I was elected as a Sustaining Member to the National College for DUI Defense.  Sustaining membership is awarded after a through peer review process and only to those who have shown a commitment to DUI defense.  From the NCDD site: In furtherance of its mission and purposes, the College has established a “Sustaining Member”…

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