You can still get arrested for a Marijuana DUI

Even with the legalize pot movement gaining steam across the nation, you can still get arrested for a Marijuana DUI in PA.  There have been a number of marijuana DUI cases recently in Harrisburg and the surrounding areas. Penalties for a Marijuana DUI The penalties of a Marijuana DUI are very serious.  That is because…

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Can a Police Officer Validly Detect Whether or Not You Have Been Smoking Marijuana?

Driving under the influence of marijuana is a serious crime. Getting caught can mean penalties like jail time, fines and license suspension.   We’ve been asked many times before about the possibility of a cop smelling marijuana on you. Below are some considerations in view of this: Just because someone smells of smoke doesn’t necessarily mean…

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New Article Published about Oral Fluid Testing for Drugs

A new article co-authored by Attorney Justin McShane has been published in “Voice for the Defense,” a publication of the Texas Criminal Defense Lawyers Association.  The article entitled “PBTs for Drugs: Oral Fluid Collection Devices” discusses the science behind portable breath test devices which are being used to screen for drugs. Law enforcement agencies plan…

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Does what happen in Colorado Stay in Colorado? How Smoking Weed Legally Can Land You a Pennsylvania DUI

As of January 1, 2014, the state of Colorado became the first state to legalize marijuana possession and recreational use under certain circumstances. People can now buy marijuana like alcohol. If you are 21 or older, you can buy up to an ounce at a licensed store, as long as you have a Colorado ID….

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Big Brother is Watching Your Medicine Cabinet

After the whole NSA uproar you would think that lawmakers would tread softly when it comes to creating databases about law abiding citizens.  Well think again. Recently, the Pennsylvania House of Representatives passed a bill that would create a statewide database to monitor the prescription drugs common citizens are using.  They claim that this database…

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Where a normal citizen would be facing jail time and a license suspension, Iron Mike gets a free ride to a crack house.

Police Pull over Mike Tyson, High on Cocaine, and Give Him a Free Ride to a Crack House?!

One of the major problems with our criminal justice system is that major decisions, about who is arrested and who is let go, are made on-the-spot by under-trained, overworked and sometimes corrupt police officers.  The result is the false arrest of innocent citizens and the truly guilty ones going free. Which brings us to an…

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The DRE Protocol is being used in Pennsylvania without sufficient scientific backing.

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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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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