DUI- being a politically charged crime- leads to some strange laws and strange rulings. Recently, new stricter DUI laws were passed up north in British Columbia. The laws did not even allow any hearings for those accused. According to the Huffington Post: Doroshenko said the Motor Vehicle Act leaves no room for discretion and forces…
read more »Month: April 2013
Tiger Woods’ Bad Drop and Police Crime Labs
Everyone has to live by the rules. Tiger Woods is immensely popular and is credited with bringing the sport of golf unprecedented attention. Golf existed long before Tiger but not with the same TV coverage, endorsements and crowds in attendance. If anyone should have a rule waived in their favor it would be Tiger. But…
read more »When Losing Your License Means Losing Your Career
The effects of a DUI conviction can be extremely harsh. For some, it can devastate the rest of their lives. For many people, driving is the backbone of their careers. A common example of this are commercial truck drivers. A single DUI, even in their personal vehicle can trigger a lengthy license suspension that can…
read more »Luzerne County DUI Cases on Hold
Many Luzerne County DUI cases are on hold pending the ruling on a challenge to the breath testing equipment made by The McShane Firm. Earlier this year, in a case litigated by The McShane Firm, Dauphin County Judge Lawrence F. Clark Jr.’s ruling (Commonwealth v Schildt) invalidated many Dauphin County cases after finding fundamental flaws…
read more »Is Pennsylvania’s Refusal Enhancement for DUI Blood Cases Constitutional?
This morning the Supreme Court of the United States released its opinion in the case of Missouri v. McNeely. While the core holding of the case will not impact Pennsylvania, in the reasoning and the dicta (the text of the opinion) it is quite clear that Pennsylvania’s current laws (75 PaCSA 3804) for sentencing enhancement…
read more »Missouri v. McNeely
The Supreme Court of the United States just moments ago published its opinion in the case of Missouri v. McNeely (11-1425). In part the majority held: The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement…
read more »Attorney McShane’s Efforts Featured on C&EN
This week, I was invited to speak at the American Chemical Society (ACS) 2013 Spring National Meeting in New Orleans. I was part of a panel which examined the validity and limitations in forensic science. Our session was featured on C&EN best of the conference picks. C&EN Picks – New Orleans National Meeting: Wednesday April…
read more »New Free Mobile App Instantly Alerts Your Attorney if You are Arrested
A new mobile App called “Off to Jail” automatically sends a text message to your bail bondsman, attorney and any friends or family you select and alerts them about your arrests and your whereabouts. The idea came from an arrest where the police officer would not allow the citizen to contact their attorney or family…
read more »Impartiality Be Damned! New Jersey Judge Doubles as Prosecutor
One of the hallmarks of a democratic society is the right to a trial before an impartial judge or jury. So what happens when the judge himself acts as the prosecutor for the case? As absurd as it sounds, this is exactly what happened in a municipal court in New Jersey on the evening of…
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