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.
February 11, 2013
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 or visit: Lebanon DUI Blood Information
February 11, 2013
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
January 10, 2013
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.
January 2, 2013
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).
October 4, 2012
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