Anatomy Of A Successful Dismissal Of A DUI & Vehicular Homicide While DUI Charge

July 17, 2018By Brian Manchester

My client was charged with multiple charges relating to the death of his passenger while he was driving his 4-wheeler on a road. Here’s how I got his charges dropped:

Relevant facts

After he was questioned by the police, he was taken to a local hospital where his blood was drawn. The hospital-based blood test result was a little over .03 which is 250% BELOW the legal limit of .08 for a DUI in Pennsylvania.

The prosecutor was not pleased with this result so an expert was retained by them who did a report that my client’s blood was greater than .11 at the time of the accident. The government’s expert used a process called retrograde extrapolation. Retrograde extrapolation is a dubious scientific technique that even the foremost blood test experts in the world including A.W. Jones cautions against using.

Using Real Science To Debunk Bad Science

Compounding the bad science of retrograde extrapolation, the blood test used on my client was a hospital based enzymatic method. While hospital-based blood tests for alcohol are fine for medical purposes, they are severely inadequate and not scientifically supported in the legitimate scientific realm of experts.

These tests are subject to false positives and large uncertainty. Forensic traceability of the tests results is missing and the uncertainty in the results are huge.

Because I had previously looked into the blood testing method used on my client’s blood, as had my expert, we were prepared to take this blood test on before this incident ever happened. In fact, I lectured on the problems with hospital-based blood tests several times nationally.

Filing Motions To Exclude Evidence

So, when I was retained by my client and I identified the method used for testing his blood, I filed several motions in limine (a motion to exclude evidence) to not only attack the scientific problem of retrograde extrapolation, but also the issues with the hospital-based blood test.

The day before the hearing the government’s expert then said he could not opine on the retrograde analysis that he in two different reports said he could. The District Attorney then called me and told me he was dismissing the DUI and Vehicular Homicide While DUI Charge.

This was a great victory for my client and is proof that Pennsylvania DUI charges and even the more serious Pennsylvania Vehicular Homicide While DUI charges can be successfully defended. It can only be done with knowledge of the many different sciences used in the testing of blood as well as the laws pertaining to admission of scientific evidence. That and knowing the right experts to use.

If you are facing a Pennsylvania DUI charge or a Pennsylvania Vehicular Homicide While DUI charge call my law firm at 1-800-243-4878 for a complete and thorough analysis of your case.

Posted in: Vehicular Homicide

Tags: Anatomy, DUI, DUI Charge, Successful Dismissal Of A DUI, Vehicular Homicide,

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Brian Manchester

About the Author

Brian Manchester is the owner of Manchester and Associates in Bellefonte, Pennsylvania. His law firm practices DUI and Criminal Defense exclusively throughout the entire state of Pennsylvania in both state and federal court. He has a team of two other lawyers with a combined 50 years of trial and courtroom experience are also trained in science and many other skills that are relevant to criminal defense to include the psychology of persuasion as well. One of his associates is a former District Attorney (chief prosecutor) in central Pennsylvania.   Mr. Manchester and his team routinely handle serious felony cases including murder, manslaughter, sex crimes, complex financial crimes, and serious assaults. A large part of Mr. Manchester’s practice is the defense of alcohol and drug-based DUI offenses as well as drug cases using science and analytical chemistry. Mr. Manchester has training as a Standardized Field Sobriety Testing Instructor. He is one of a handful of Certified Lawyer-Scientists as recognized by the American Chemical Society in the United States. He is a member of NCDD and is a Founding Member of DUIDLA. He is also a member of the American Chemical Society with over 170,000 members across the world. To date, he is the only practicing criminal defense lawyer to belong to the Society of Forensic Toxicologist where he is an Associate Member. Mr. Manchester speaks nationally on the topic of blood and drug testing for alcohol as well as the metrological (measurement uncertainty) in forensic testing.

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  • “Mr. Manchester is the lawyer I would hire if accused of DWI. He is concerned for his clients and aggressively defends their cases. He has completed the most rigorous training to be one of the best DWI lawyers in the State. His determination and knowledge will serve you well when he is your attorney.”
  • “I endorse this lawyer. Mr. Manchester is well versed with the evidential pitfalls of hospital blood testing. With this knowledge, he has been able to effectively represent those accused of alcohol related offenses. Recently, Mr. Manchester has provided me with assistance on a complex blood analysis case.”
  • “I am both surprised and proud to be one of the first lawyers to highly recommend Brian as a criminal defense and DUI lawyer. Brian’s knowledge of criminal defense, and especially in the area of DUI, is unmatched. Not only does Brian possess a great working knowledge of the law, he has also dedicated himself to the underlying science necessary to successfully defend DUI and criminal cases involving blood test results. Brian is committed to excellence and receives my recommendation without reservation to those looking for a knowledgeable and committed criminal defense or DUI attorney.”
  • “Attorney Manchester is well-known for his strong work ethic. He is the type of attorney that you would like to have involved in your case. Known as a person who stands up for principle, Attorney Manchester has the guts that is needed (but sadly is missing in a lot of criminal defense attorneys) to defend the citizen accused. He is certainly not afraid to defend people who have been accused by the government of being in violation of the law. His favorite two words seems to be “Prove it!””
  • “Brian Manchester is a knowledgeable, dedicated attorney, with the skill and ability to successfully defend citizens who are accused of driving under the influence. I highly recommend Brian.”
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