The field of DUI defense is constantly evolving, and the experienced DUI attorneys of The McShane Firm are constantly working and training to stay on the cutting edge and provide you with experience, aggressive representation.
Here’s a collection of the latest news and blog posts from our ever-busy firm:
A recent ruling has called into question the blood testing procedures for DUI in Lebanon County. The McShane Firm was at the forefront of this litigation which has been widely covered by numerous news outlets.
You can find out more by visiting the following:
Yahoo News: Judges in Lebanon County Rule Blood Tests There to be Inadmissible
PennLive: Court ruling could void more than 1,000 Lebanon County drunken driving cases, lawyer contends
ABC 27: DUI test accuracy questioned in Lebanon County
CBS 21: Local attorney claims hospital mishandled DUI blood tests, files to have hundreds of cases thrown out
Fox 43: Lebanon judges call DUI testing into question
Lebanon Daily News
Official Press Release
If you have any questions about this ruling please feel free to call 1-866-MCSHANE or visit: Lebanon DUI Blood Information
As a result of the ruling in Commonwealth v Schildt, Pennsylvania State Police has announced they will stop using breath testing for DUI.
Additionally, District Attorney Ed Marsico filed an appeal with the state’s Superior Court against the ruling.
This story has been widely reported in the media including the articles below:
ABC27: DA appeals breath test motion as police react statewide
PennLive: Battle over use of breathalyzers in DUI cases moves to state court
Pittsburgh Post-Gazette: Allegheny County DA discourages using breath testing for DUI arrests
NBC 10: Pa. State Police Stop Breathalyzer Tests, for Now
In a latest development, The McShane Firm has motioned to have breath testing banned in the state of Pennsylvania. This comes on the heels of the ruling of Dauphin County Judge Lawrence F. Clark in the case of Commonwealth v Schildt (complete ruling).
Attorney McShane has asked the court to dismiss all current Pennsylvania DUI cases involving breath testing as well as re-openeing all such cases that have occurred in the past year and 90-days.
State police have charged a Millersburg man with endangering the welfare of his children after they he had his 15-year-old daughter blow into the ignition interlock system in his car when he was drunk so it would start. Robert Kitchen Jr. was had an ignition interlock system installed in hid vehicle because of a previous DUI conviction. Kitchen is being represented by Attorney Jenna Fliszar of The McShane Firm.
On December 31, 2012 Dauphin County Judge Lawrence F. Clark in the case of Commonwealth v Schildt ruled that the current calibration methods for Pennsylvania breath testing machines leave the devices inadequate to measure samples outside of the range of 0.05% to 0.15%. The ruling opens the door for thousands of the Highest BAC (over 0.16%) cases to be reviewed.
In his ruling, Judge Clark writes, “the utilization of any instrument reading above or below that range cannot, as a matter of science and therefore the law, satisfy the Commonwealth’s burden of proof beyond a reasonable doubt on an essential element of a charged offense for an alleged violation of 75 Pa.C.S.A. §3802(c) of the Pennsylvania Motor Vehicle Code.” (View the complete ruling in Commonwealth v Schildt).
Being convicted of a DUI in Pennsylvania can have devastating effects on your future. From having to spend time in jail to losing your driver’s license, there are many reasons to partner with a Harrisburg DUI attorney if you have received a charge. Here at the McShane Law Firm, we have experienced attorneys who can represent you and help you obtain the best possible outcome for your case.
No matter what your personal circumstances are, a DUI can have a big and very negative impact on your life. If convicted, even a first offense in which your blood alcohol level was just over the legal limit, no one was hurt, and nothing damaged, can lead to a record that negatively impacts your future. Anyone that does a background check on you–from potential employers and college admissions personnel to landlords and banks and even nosey neighbors–will be able to see the DUI on your record, seriously inhibiting your ability to get a job, get into a school, rent an apartment, take out a loan or live in peace without being the neighborhood source of gossip. Your car insurance rates, predictably, will skyrocket.
In addition, DUI convictions can have more immediate legal repercussions, as well. The best case scenario for a DUI conviction (1st no accident, driver over 21 with a BAC of >0.10) can include paying a fine of $300 and probation. The worst case scenario conviction involves penitentiary time (at a hardcore State Correctional Institute where there is no work release), prolonged license suspension, and fines into the thousands. The fines themselves may be more than you can afford to pay, and with a license suspension to boot, you’ll have a much harder time getting to places of employment to pay for all of it. That’s to say nothing of the psychological damage that jail time will do and the embarrassment you will face when friends and colleagues find out. You will be a convicted criminal for life.
No matter if it is a first offense or a second or third violation, you should consult with a professional and experienced DUI attorney to learn more about your case. At The McShane Firm, our highly talented DUI lawyers will help you chart out a strategy to defend your case and protect your rights.
Here at the McShane Law Firm, we understand which facts need to be presented to the prosecutor, judge and jury. If need be, we can even bring in expert witnesses to challenge your charges. We ensure your case is handled with the utmost care and the highest level of preparation. Call us today with your questions or concerns and we’ll provide you with the Harrisburg DUI attorney that you need to fight your case.
When you get pulled over for a DUI, it helps to have an expert on your side. Sure, it’d be best if you could avoid drunk driving charges completely, but after the fact, you need a trained ace-in-the-hole, and only a Dauphin County, PA lawyer from our firm can fit the bill.
Why not sit back and just take the punishment you’ve got coming to you? DUI convictions should be avoided at all costs, especially if you feel like the charges were unjust or they can’t prove it. DUI sentences are expensive, both in terms of the fines they carry and what they cost you in lost time and inconvenience. It will stay with you forever. For instance, your sentence may include driving restrictions or outright loss of license that make it harder for you to get to work or care for your loved ones; a good lawyer will do his or her best to ensure that your freedoms are always protected.
Some DUI lawyers are all talk, relying on intimidation and bluster to bully you into pleading guilty. They claim they can improve your sentence, but when push comes to shove they fold like a house of cards. This method is clearly flawed and has no place in legal proceedings. We at the McShane Firm, on the other hand, rely on our legal and scientific knowledge. Our lawyers possess levels of DUI education and certification that surpasses what all active police officers in the state have obtained, which makes us experts at understanding how to use the law to your advantage and ensure that you receive not only a fair trial, but a just result.
Of course, everyone has their limits, and that’s why we’re not afraid to call in help. Details win cases. Science wins cases. We maintain close relationships with some of the nation’s top DUI experts so that we can do our best to make things work out in your favor. We even employ our own in-house private detective who can ferret out the details of your case and guarantee that we don’t miss anything that might help you.
DUI law exists for a valid reason and we support the function it serves. We do realize, however, that abuses of the legal system also exist, which is why we work harder than any other Dauphin County PA DUI lawyer does to ensure that your case has the best possible outcome.
You are judged by numbers in the lab..but there is no excuse for (cheating). -Justin McShane
Widely respected for his expertise and research in the field of forensic science, Attorney McShane also serves as the Co-Chair of the Forensic Science subdivision of the Chemistry and the law division of the American Chemical Society.
For more information about the Annie Dookhan scandal, please visit our coverage on The Truth About Forensic Science: Annie Dookhan Coverage
There are different laws that govern each state and that certainly depends on the circumstances governing the state. With specific regard and designation to the state of Pennsylvania, drunk driving PA tend to be more focused on not only punishing the offender, but also attempting to emphasize the importance of not becoming a second and additional offender. While the minimum age restriction of consuming alcoholic beverages is set to 21 years old throughout the United States, the major differences between states are in the minimum blood alcohol content and concentration levels in addition to the severity of the offenses.
The Pennsylvania state DUI law system has a three tiered approach and penalty system. In that, separate penalties will dictate the severity and extent of penalties that are enacted on the offender. For example, the state considers “general impairment” for those that have blood alcohol content between 0.08 to less than 10 percent. The second tier is reserved for those that fall between 0.10 to less than 0.16 percent. These are considered “high rate of alcohol.” The third and most severe tier is that greater than 0.16 blood alcohol content. These offenders are qualified as the highest rate of alcohol consumption.
In the first tier of offense, the offender is will face a fine up to and including $300 with a mandatory minimum 6 month probation period. In the state of Pennsylvania, there is not a license suspension charge on the first offense. For offenders that are classified as “high rate of alcohol”, the fine can fall anywhere from $500 to $5,000. This is one of the most important times to have a qualified lawyer that is credible in this area and has strong credibility in DUI law. The license suspension for folks of their tier is a mandatory 12 month suspension in addition to no less than 48 hours in jail. The third and most severe offense includes a fine anywhere from $1,000 to $5,000, in addition to a 12 month license suspension and jail time no less than 72 hours.
While these are the severe penalties and guidelines that the governing body of the jurisdiction of Pennsylvania follow, the difference in fines and length of jail time are areas that can be negotiated. These reasons are why it is most recommended working with a DUI lawyer that is proficient and credible in their practice and can help negotiate these penalties lower for the offender.
DUI, or Driving under the Influence, is a serious crime to be charged with in Harrisburg. Even first-time offenders won’t get off easy and could land themselves in jail. The consequences only worsen if you are an individual who has two or more DUI charges on your record.
For those reasons and so many more, anyone charged with a DUI charge in Harrisburg should have a lawyer to represent them in court. A Harrisburg DUI lawyer has the experience and the expertise to help keep you on the streets and with your good name intact.
Your McShane firm attorney will take you into court and represent you to the best of their ability. They know the laws and the court processes in Harrisburg, as a skilled lawyer is no stranger to the court room. He will be sharp on his feet and know and understand the best possible DUI defenses to help get your charges reduced or even thrown out of court. Talking your way out of it with a few apologies isn’t going to cut it when DUI is the charge. But with the right Harrisburg DUI lawyer, all of the right things will be said and all of the right moves made.
Why would you want to go into court without a lawyer is the real question that should be asked? It is your life that is in the hands of a judge and a decision that can affect you for the rest of your life. Do not make the mistake of going to court without the knowledge of a Harrisburg DUI lawyer at your side.
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Legal Disclaimer: The contents of this website are for informational purposes only. They neither constitute nor imply an official legal opinion on behalf of The McShane Firm, LLC, nor any attorney-client relationship of any kind. The McShane Firm strongly urges seeking professional counsel before acting upon any information contained herein.
