Another State Crime Lab (NY) in Shameful Disarray

I was asked during a trial this year by a judge why any one who was innocent would refuse to take a breath or blood test to prove his or her innocence after a DWI arrest. My answer was longer than I can include here, but part of it was that many people simply don't trust the government's tools that they use to convict people, some of whom are sober. In other words, it is not consciousness of guilt; it is consciousness of the fallibility of the means by which the government gathers evidence in DWI cases.

For the most part, the police do not videotape the arrests and roadside gymnastics, so impairment is in in the eye, memory and report of the beholder. And now the nationwide general state of forensic crime lab testing has come under scrutiny. Now yet another shocking report about the state crime lab in New York has been published. See this link to an ABA article that discusses the study. One NY analyst did not know how to use a microscope. One New York crime analyst's results were falsified to the point that one-third of his 322 "test results" were compromised.







  1. The shocking part is not that we see these types of discoveries once a month or so, but rather that we do not see more. There needs to be meaningful oversight by independent laboratory quality control auditors as well as requiring method validation with true blinded independent proficiency testing.

    -Justin J. McShane, Esquire, Harrisburg DUI Lawyer

  2. Dear Justin,
    I could not agree more. Thanks for weighing in on this. I know that you have had some spectacular results on challenging forensic testing in PA.
    All the best,

  3. blah blah blah!let 'em all go. blah blah blah.

  4. Dear Anonymous,
    The only thing I can glean from your posted inchoate thought is that you disagree with the original posts and/or comments. Maybe you hit the send button too quickly? Feel free to add to your post.
    Warmest regards,

  5. Driving While Intoxicated (DWI) is one of the most serious driving offenses in the United States of America. Although there are several driving offenses, the charge of DUI-DWI results in serious consequences and is likely to have grave implications on your future.