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.
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).
As part of their on-going investigation into the Annie Dookhan crime lab scandal, The Boston Globe interviewed Attorney Justin McShane of The McShane Firm. His quotation even made the front page of the newspaper.
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
McShane Firm CEO Justin McShane has been selected by Lorman Education Services to present a statewide webinar/teleconference to other lawyers and Judges on changes this year in Pennsylvania case law that impacts the DUI lawyer. Visit Pennsylvania DUI Blog for more information.
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