The technical goal of any calibration related effort is t0 achieve a meaningful and valid CMP. According to The International Union of Pure and Applied Chemistry (IUPAC): Chemical Measurement Process (CMP): An analytical method of defined structure that has been brought into a state of statistical control, such that its imprecision and bias are fixed, […]
Roadside breath testing for drugs?
There is little doubt that there is a research push for roadside testing for screening purposes for drugs of abuse and illicit drugs. All one needs to do is to come to any national or regional forensic science meeting or pull the various agendas to see what is being discussed. It’s oral fluid roadside testing […]
An Interview between Mike Nichols (MI) and Justin McShane on Evidentiary Breath Testing
The following is an interview that attorney and author Mike Nichols of Michigan had with Justin J. McShane. In this interview they discuss Evidentiary Breath Testing and the recent Pennsylvania litigation concerning the validity of these BrAC measurements. Justin Mcshane Interview from The McShane Firm on Vimeo.
Mary McMurray on BrAC testing
There is a BrAC expert that I personally have a great amount of respect for. Her name is Mary McMurray. She took a post from “IFuckingLovScience” Facebook page and repurposed it for BrAC testing. I personally think it is hilarious, not because of its content, but because it is true. The truth is funnier than […]
Pennsylvania State Police Agree to Halt Evidential Breath Testing in PA
Breaking News: According to the Legal Intelligencer article “Breath-Test Ruling Could Affect Thousands of DUI Cases,” in reaction to our firm’s successful litigation of Commonwealth v. Jason Schildt, and the Linear Dynamic Range Challenge, the Pennsylvania State Police have agreed to halt all evidentiary breath testing in Pennsylvania. According to reporter Zack Needles: In fact, the […]
Open Letter to the Department of Health about the Linear Dynamic Range Challenge
I sent the following letter to the Pennsylvania Department of Health right after Judge Lawrence F. Clark, Jr.’s ruling in the Linear Dynamic Range Challenge. So far, there has been no response, but it has also only been a couple of days. Let’s hope that they truly care about justice and science and the safety […]
The Demonstrated Linear Dynamic Range Challenge in PA DUI Breath Tests
“You gotta prove it before you can use it, and then prove it again.” Would you use a pacemaker in a loved one if it wasn’t proven to work correctly before you used it? Would you use a baby car seat with your child if it wasn’t proven to work correctly before you used it? […]
GERD and Evidentiary Breath Testing
Characterized as the “most dangerous form of contamination [in evidentiary breath testing]” by the world’s foremost alcohol physiologist A.W. Jones, Gastro Esophageal Reflux Disorder (GERD) and Evidentiary Breath Testing (EBT0 that produce readable breath alcohol content (BrAC) estimates do not mix. It can provide for disaster. The BrAC machines that the police use in the […]
Why evidentiary breath test machines are not regularly scientifically calibrated
One of my favorite movies is The Matrix. There is one scene that really jumps out to me. When Morpheous and Neo first meet. Morpheus shows Neo two pills: a blue and a red one. If Neo chooses the blue pill, he will wake up in his bed and forget about everything that happened to […]
Can someone honestly answer why there is still Breath testing for EtOH in America?
Can someone honestly answer why there is still Breath testing for EtOH in America? Disclosure: As I have posted before, when people speak of Evidentiary Breath Testing (EBT) as a means of measuring Blood Alcohol Content (BAC), I shut off. My personal opinion is that: 1. The Paradigm Shift as Dr. Michael Hlastala writes is […]
The McShane Firm | DUI Lawyers
Pennsylvania DUI Blog