Police in Lebanon County did not calibrate their breath test equipment properly which renders the results as unreliable. This has affected numerous cases and has forced the government to re-open many of the convictions. Watch the news reports below for more details: (Video Credit: ABC News 27 ) DUI breath testing is problematic all around the country and…
read more »Month: September 2012
Pennsylvania Law Update: New Penalties for Ignoring Traffic Control Signs and Devices
Pennsylvania has introduced a new stiffer penalty for those who ignore “road closed” or other safety warning signs and devices. Under the new law, drivers found guilty of such infractions will have two points added to their license and will be fined up to $250. If the violation results in a need for emergency responders…
read more »Breaking important news: Warrantless Blood Draws in DUI Case
The US Supreme Court has taken up the case of Missouri v. McNeely, No. 11-1425. A Missouri Highway Patrol officer stopped McNeely for speeding. McNeely appeared to be intoxicated and refused the breathalyzer test. The officer took him to a hospital for a blood test without consent or a warrant. The Missouri Supreme Court held…
read more »PADDDA Public Defender Training Institute
One of the ways I feel we can make help protect the citizens of Pennsylvania is by teaching other lawyers about DUI and how to properly defend such cases. This is one of the goals of the Pennsylvania Association for Drunk Driving Defense Attorneys (PADDDA). PADDDA is dedicated to help educate lawyers especially public defenders….
read more »Attorney McShane Published in NCDD Journal
Recently, I had an article published the journal of the National College for DUI Defense. The article was entitled, “Why I Don’t Stipulate to Forensic Tests.” In legal terminology, stipulating to a test means to accept the results as true and accurate. In other words, it is established and is beyond any question. In the…
read more »PA DUI Checkpoints are a Big Money Enterprise
Law enforcement in America has quickly become a financially motivated endeavor. With town budgets being slashed it has become an important source of income. It’s a money grab. Even though it costs much, much less to conduct a roving patrol, police get huge amounts of money to run inefficient DUI checkpoints. Take a look at…
read more »McShane Firm Wins Freedom Through DNA Evidence
In January 2012, T.G. was wrongfully accused and imprisoned for the crimes of Aggravated Assault on Police Officer with Deadly Weapon Enhancement (car), Recklessly Endangering Another Person, Receiving Stolen Property, Carrying a Firearm without a License, Possession with the Intent to Deliver, Escape, Drug Paraphernalia, and Criminal Mischief when a car that was stopped nearly dragged…
read more »Pennsylvania DUI Checkpoints: A Model of Inefficiency
One of the main arguments in favor of DUI checkpoints is that are an effective measure to catch DUI. However, when you look at the data, this is not the case. Far from it. Take for example the statistics from an expensive DUI checkpoint held in in Lebanon County, PA recently: 478 stops yield 1…
read more »I Got a DUI Over Labor Day Weekend- What Should I Do Now?
Labor Day is supposed to be the last celebration of the summer. Too bad the cops rained on your parade. Every year many Pennsylvania drivers get arrested for DUI during the Labor Day long weekend and every year those of them who choose The McShane Firm walk away satisfied with their choice. Make the right…
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