Once again, Attorney Justin McShane of The McShane Firm has been selected as a Rising Star by Super Lawyers Magazine in Pennsylvania DUI. Super Lawyers Magazine uses a very critical selection process and in the end, only 2.5% of the attorneys in Pennsylvania are chosen for this award. (View Attorney McShane’s profile at Super Lawyers)…
read more »Month: March 2012
Pennsylvania Men Arrested for Bath Salts, Synthetic Marijuana
Recent news that four Lancaster County men have been arrest for charges related to synthetic marijuana and bath salts once again highlight the use of these drugs and their popularity in Pennsylvania. Despite the statewide ban on these drugs, it is very common to find people using these substances. Both the DEA and the Commonwealth…
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Attorney McShane to Speak at NCDD Summer Session
I recently received confirmation from the National College for DUI Defense (NCDD) that I have been selected to present at the 2012 NCDD Summer Session which is held every year on the campus of the Harvard University School of Law. My topic is on “Basic Gas Chromatography for Blood Alcohol Content”. The NCDD Summer Session…
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Defending CDL DUI Cases
I get a lot of questions about CDL cases and wanted to share some information about them. Under Pennsylvania DUI law, CDL drivers face some of the harshest penalties out of anyone. (See our post CDL Driver DUI) If you are a CDL driver you are not only facing jail time and a lengthy license…
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Forced Blood Draws leads to Police Brutality
“No refusal” initiatives are becoming more and more common across the country. However, these forced blood draws open the door for police brutality through excessive use of force. We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To…
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Court Rules that DRE Protocol is Inadmissible as Evidence
Recently, a Circuit Court in Maryland rule that the DRE protocol was inadmissible as evidence because “…it is not generally accepted as valid and reliable in the relevant scientific community…”. The DRE protocol is a twelve step procedure police use to try to determine whether someone is impaired by drugs. This procedure is used all over…
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Beware of the DUI “Checkpoints” this Weekend
For the last several traditional high volume drinking days, this blog has featured reports of DUI “checkpoints.” This St. Patrick’s Day weekend is no different. Recently someone asked me why we do this. I think it was a fair question. So, unfairly I answered that person’s question with my own question which is “When you…
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DUI Myth Busters: Breath Test Accuracy
They say that the breath tests are accurate and are specific to ethanol. However, you can get a positive results for using hand sanitizing liquid or even for being diabetic. You can even get a DUI for eating plain white bread: Why are we putting people in jail and suspending licenses based on this ridiculous…
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Life in Prison for a DUI
DUI laws are becoming more and more stringent as lawmakers try to make a name for themselves. One bill would punish DUI cases resulting in death with life in prison: Delegate lobbies for DUI bill CHARLESTON, W.Va – Delegate Brian Savilla made an emotional plea to his House colleagues Wednesday to consider his bill toughening…
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Crime Labs Positive. Retests Show Substance was not Present in the First Place!
Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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