Justin understands how important your case is to you, and prides himself on always returning phone calls and being available 24 hours a day.
If you are looking for the best DUI trial lawyer in Pennsylvania, look no further than Attorney Justin J. McShane. Based in Harrisburg, Attorney McShane is the most highly qualified DUI and criminal defense attorney in Pennsylvania. Justin is a nationally renowned forensic science expert who successfully uses his superior knowledge, experience, and guts to defend citizens accused of crimes ranging from DUI to underage drinking, from drug possession to assault, and even capital homicide. Widely respected for his encyclopedic knowledge of all forms of forensic science, Attorney McShane has lectured at national forensic and DUI seminars hosted by or based upon teaching of esteemed associations such as:
As a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, Attorney McShane enjoys a reputation as an extremely aggressive and skilled litigator who will fight for your rights. Known for working long hours, Attorney McShane brings a no-nonsense attitude and tireless resolve to defending clients ranging from CDL license holders to licensed professionals, from politicians to rock stars, and even the homeless. Justin understands how important your case is to you, and prides himself on always returning phone calls and being available 24 hours a day.
Why You Need the Best
The Commonwealth of Pennsylvania prosecutes DUI and criminal cases very aggressively. They have experienced prosecutors, police officers, and forensic technicians all working together to prove you guilty. If you lose, you may face jail time, license suspension, fines, and other long term damages such as losing your insurance or your job. Your rights, freedom, and livelihood are all at stake in the courtroom. You need a trial lawyer who will fight back with the best training, science, and guts: Attorney Justin McShane.
Specialized DUI and Criminal Defense Training
Attorney McShane believes knowledge is the key to successfully defending cases. As a result, Attorney McShane holds a training resume that cannot be matched by any other DUI or criminal defense attorney in Pennsylvania. As an active member of the National College of DUI Defense (NCDD), Justin devotes over 350 hours per year attending advanced legal training and certification courses nationwide. Some highlights of his DUI and Criminal Defense qualifications are:
4807 Jonestown Road Suite 148
Harrisburg, PA 17109
717.657.3900 or 1.866.MCSHANE
Available 24 hours per day/365 days per year
Attorney McShane is a trial attorney who specializes in using forensic science in defending the citizen accused among us who has been accused by the Government to be in violation of the law. He is nationally known and well-regarded for being a skilled and fierce litigator, but is also well known for his strong understanding and in-depth knowledge in all forms of forensic science. He is a litigating attorney for the Pennsylvania Innocence Project. He has earned Board Certification both in DUI Defense Law by the National College for DUI Defense (the first and only Pennsylvania Lawyer to do so) and as a Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency. He has also earned certification in Forensic Sobriety Assessment, the first attorney nationally to do so.
Earned Certification as Board Certified in DUI Defense Law, National College for DUI Defense (March 19, 2010 to be officially conferred at the NCDD Summer Session held at the Harvard School of Law-the first and only Pennsylvania Attorney so certified)
Earned Certification as a Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency (2009-present)
Admitted to practice law as a certified legal intern (1999-2001)
Scientific Associations:
Member, American Chemical Society (ACS) - Analytical Chemistry Division, Chemical Toxicology Division, Chemistry & the Law Division (member number: 30101719) (2009-present)
Member, American College of Forensic Examiners International - Computer Forensics Division, Criminalistics Division, Investigations Division, Legal Division, Pharmacology Division, Private Investigation Division, and Toxicology (member number: 112230) (2010 until present)
Elected to General Membership to the National College for DUI Defense, Inc. (NCDD) (2005-present) - nominated to stand for Board Certification in December 2009
Attended PACDL/PDA's Annual Joint seminar on Criminal Law-including Death Penalty Training (2001-2009) (16 hours of training each year)
Attended Pennsylvania Bar Institute's (PBI)-Annual Criminal Law Symposium-including Death Penalty Training (2001-2009) (16 hours of training each year)
2010
Total Hours of Training/Instructing = 305 hours with 256.5 hours planned, total of 561.5 hours total
January
Completed certification through American Society for Clinical Laboratory Science seminar presented through MediaLab, Inc. (Provider #578) entitled "Department of Transportation (DOT) Federally Regulated Urine Specimen Collection Training" (2.5 hours of P.A.C.E. contact hours)
Completed certification through American Society for Clinical Laboratory Science seminar presented through MediaLab, Inc. (Provider #578) entitled "Confirmatory and Secondary Urinalysis Screening Tests" (1 hour of P.A.C.E. contact hours)
Attended Chromedia and SeparationsNow.com webinar with Professor Peter Schoenmakers "Introduction to Liquid Chromatography (1 hour of training)
Attended Chromedia and SeparationsNow.com webinar with Professor Harold McNair "Introduction to Gas Chromatography: An Interactive lecture of the basics of gas chromatography" (1 hour of training)
Attended Restek on demand webinar by Becky Wittrig & Amanda Rigdon "LC/MS in Forensic Toxicology: Selecting a Killer LC Column" (1 hour of training)
Attended ThermoFisher Scientific webinar "Improve your GC/MS productivity NOW!: Use Advanced Chromatographic Techniques to Improve Traditional GC/MS Methods" (.5 hours of training)
Attended Chromedia and SeparationsNow.com webinar with Christine Moore, Ph.D "Development of Triple Quadrupole Methods for Forensic Analysis of Drugs of Abuse in Blood and Oral Fluid" (1 hour of training)
Attended ThermoScientific- Clinical MassSpec Consultants by Dr. Bori Shushan "Why LC-MS/MS for Forensic Toxicology Screening?" (.5 hours of training)
Attended Agilent Technologies, Inc. webinar by Peter J. Stone entitled "LC/MS Technology in the Forensics Laboratory 20090506 2018" (.5 hours of training)
Attended Agilent Technologies, Inc. webinar by John Pellerin "Secrets of GC/MS ChemStation Revealed - Drugs of Abuse Testing Made Easy with Intelligent Sequencing (.5 hour of training)
Attended Agilent Technologies, Inc. webinar by Peter J. Stone entitled "Forensic and Toxicological Analyses Using the Latest LC/MS Technology with Confidence and Speed-20091020 1813" (1 hour of training)
Attended Agilent Technologies, Inc. webinar by Edward Kim entitled "HPLC Separation Fundamentals - Series 1-20090114 1803" (1 hour of training)
Attended Applied Biosystems webinar by Michael Baynham entitled "Introduction to LC/MS/MS" (.5 hour of training)
Attended Applied Biosystems webinar by Dr. Robert Ellis entitled "Advantages of Triple Quadrupole vs. Single Quadrupole Mass Spectrometry" (.5 hour of training)
Attended Applied Biosystems webinar by Dr. Mauro Aiello entitled "Best Practices for Operating an API 5000 LC/MS/MS System" (.5 hour of training)
Attended Applied Biosystems webinar by Nicola Oldroyd entitled "Improved Results from Integrating Real-Time PCR-based DNA Quantification with the AmpFLSTR® Yfiler™ PCR Amplification Kit in Sexual Assault Investigations" (1 hour of training)
Attended Applied Biosystems webinar by Nicola Oldroyd entitled "Web Seminar: Extraction of High Quality Genomic DNA from Forensic Samples" (1 hour of training)
Attended Applied Biosystems webinar by Dr. Michael D. Rhodes entitled "Web Seminar: Fundamentals of 2 Base Encoding and Color Space" (.5 hour of training)
Attended Applied Biosystems webinar by Subodh Nimkar entitled "Utilizing the New 3200 Q TRAP® System, an Affordable High Performance LC/MS/MS System, in Forensic Toxicology" (1 hour of training)
Hosted and co-presented at an approved PACLE seminar entitled "The Defense is the Science and Science is the Truth, The Truth About Forensic Science: An Introduction to Method Validation" with Janine Arvisu (8 hours of training)
Attended Chromedia and SeparationsNow.com webinar with Lee Polite, Ph.D "Resolution in HPLC: A practical approach how to use the resolution equation to improve your separation" (.5 hour of training)
Attended the American Academy of Forensic Science Annual meeting-Seattle, Washington (40 hours of training)
Presented at the North Carolina Advocates for Justice "Advanced DWI Seminar" entitled "If You Want Blood (You've Got It): Understanding, Discovering and Presenting Errors in Blood Testing" (8 hours of training with 2 hours of lecturing)
Attended Chromedia and SeparationsNow.com webinar with Lee Polite, Ph.D and Professor Peter Schoenmakers "Liquid Chromatography Master Class" (1 hour of training)
March
Hosted and co-instructed The 3rd Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic "Introduction to Breath Testing" with Mary McMurray (8 hours of training)
Hosted and co-instructed The 3rd Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic "Just Because You are an Expert…Doesn't Make You Interesting" small group work shop seminar with Dr. Paul Homoly, CSP (16 hours of training)
Attended Chromedia and SeparationsNow.com webinar with Dr. Harold McNair, Ph.D "Introduction to Gas Chromatography: Session 1: General Introduction; Session 2: Instrumentation; Session 3: Capillary Columns; Session 4: Detectors; Section 5: Quantitative and Qualitative Analysis" (1 hour of training)
Attended ThermoFisher Scientific and SpectroscopyNow.com webinar with Dr. Pascal Lemberge, PhD and Eric Tusseau "Rapid Screening: Analyzing 75 elements in 10 minutes without Sample Prep" (1 hour of training)
Attended ThermoFisher Scientific and SpectroscopyNow.com webinar with Dr. Timothy O. Deschaines, PhD and Dr. Richard C. Wieboldt, PhD "Introduction to and Application of Surface Enhanced Raman Scattering for Research and Routine Analytical Environments" (1 hour of training)
Attended ThermoFisher Scientific and SpectroscopyNow.com webinar with Dr. Thomas Moehring, PhD, Dr. Uwe Christians, MD, PhD and Helmut Muenster "Limits of sensitivity - What You Look For is What You'll Find! The Power of a Full Scan HR Qual/Quant Mass Spectrometer" (1 hour of training)
Attended the Headlines Legal Marketing and GACDL seminar "Jan Semenoff Breath Alcohol Testing Device Mega Course" (20 hours of training)
May
Instructed and moderated www.TheMcShaneFirm.com seminar "Introductory and Advanced Topics in Analytical Chemistry and Metrology in DUI/DWI/DUID-How an Analytical Chemist is your Best Friend" (7.5 hours of lecturing)
Attended Chromedia and SeparationsNow.com webinar with Dr. Nick Snow, Ph.D "Introduction toSample Preparation" (1 hour of training)
Attended the American Chemical Society course by Dr. Lee Polite, BA, MBA, PhD and Harold McNair, PhD "Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry: Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry and High Pressure Liquid Chromatography (a lecture laboratory course)" (48 hours of training, 1 hour of instructing)
Attended the 2010 Mid Atlantic Association Forensic Scientists Annual Meeting (40 hours of training)
Received certificate of participation from the Mid Atlantic Association Forensic Scientists "Advanced Structure Euclidation (LC-MS, GC-MS, HPLC, FTIR, Raman Spectrometry)" Robert J. Ollis, Jr., Instructor
2009
Total Hours of Training/Instructing = 286.02 hours
Attended the Maryland Criminal Defense Attorney's Association seminar "6th Annual Advanced DUI Seminar 'Everything You Need to Know About Medical Defenses and Blood Tests'" (8 hours of training)
Attended and instructed at NCDD/GACDL/Headlines Marketing's "Advanced Forensic Blood and Urine Seminar" in San Diego, CA (42 hours of training); faculty included scientists Dr. A.W. Jones, BSc, PhD, DSc; Dr. Robert Baska, MD, JD; Wanda Sue Marley, RN, BSN, MS, CRNA, PhD; Dr. Alfred Staubus, Pharm D, PhD; Dr. Joseph Citron, MD, JD; Dr. Fred Hampikian, BSc, MS, PhD; Jan Semenoff, BA, EMT; Dr. Frederic Whitehurst, PhD and Ron Moore, B.Sc, JD [it covered topics including: Forensic Metrology; the proper setup and operation of a forensic lab; hospital blood testing; legal blood alcohol testing; venipuncture; urinalysis testing; crime lab errors; hospital lab errors; hospital blood analysis for ETOH and drugs; ELISA, FPIA, CEDIA, KIMS, RIA, EMIT, Vacu-Elute, Headspace Gas Chromatography, Liquid Gas Chromatography, Thin-layer Chromatography, GC-FTIR, Mass Spectrometry, Photo-eclectic analysis; pre-collection errors; collection errors; analysis errors; chain of custody, storage, transportation and delivery related issues; phramacokinetics; pharmacodynamics; solid dose sample drug analysis; post-mortem analysis; endogenous versus exogenous alcohol production; intake, absorption, distribution, metabolism and excretion (elimination) of alcohol and drugs; medical conditions that mimic intoxication; health factors and medications that increase expected BAC levels; Widmark Calculations using the Forrest Modification; scientific issues in alcohol testing in blood and other body fluids for forensic purposes; deciphering medical terminology; managing the treatment and emergency records; forensic testing issues for contraband plant material or "designer" drugs; pharmacological aspects of drugs other than alcohol; elimination kinetics (half lives, Michaelis-Menten kinetics); DNA evidence and various analytical laboratory issues]
June
Hosted/participated the Impaired Driving Specialists' seminar "NHTSA's Advanced Roadside Impaired Driving Enforcement" certification (the very first criminal defense and DUI attorney in the nation who received this certification) (16 hours of training)
Completed certification through American Society for Clinical Laboratory Science seminar presented through MediaLab, Inc. (Provider #578) entitled "Routine Venipuncture" (1.5 hours of P.A.C.E. contact hours)
Completed certification through American Society for Clinical Laboratory Science seminar presented through MediaLab, Inc. (Provider #578) entitled "Phlebotomy" (4 hours of P.A.C.E. contact hours)
Completed Pennsylvania Office of Open Records Statewide Training on the Sunshine Law and the Right to Know Law (2.5 hours of training)
October
Attended NCDD/NACDL 13th annual seminar "DWI means Defends with Integrity" in Las Vegas (12.5 hours of training)
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Clarus 500 / Autosystem XL Instrument Familiarization" (1 hour and 10 minutes of training)
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Tools for Maximizing Productivity in Drugs-of-Abuse Analysis by GC/MS" (30 minutes of training)
December
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Blood-Alcohol Analysis by Headspace-GC" (45 minutes of training)
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Forensic Drug Testing by GC or GC/MS" (75 minutes of training)
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Arson Investigations by GC/MS" (40 minutes of training)
Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled "Quality Testing for Volatiles in Beer and Wine by Gas Chromatography" (75 minutes of training)
Lectured at the Connecticut State Public Defender's Conference on "Short Course on Blood Toxicology" and "Drug DUI cases - Can they be Defended?" (8 hours of training; 3 hours of lecture)
2008
Total Hours of Training/Instructing = 248.25 hours
January
Completed CLIA General Laboratory Competency Assessment, CLIA Chemistry / Urinalysis Competency Assessment and Phlebotomy Training (24 hours of training)
Hosted/Instructed "Breath Alcohol Training Certification" seminar performed by CMI/USDOT certified Instructor Jan Semenoff of Industrial Training and Design, Ltd. (21.25 hours of training)
Attended 1st Annual NACDL seminar "Making Sense of Science" forensic training seminar where experts instructed on Computer Forensic Evidence, DNA collection and analysis, Sexual Abuse cases, the Forensics of Firearms, Arson Investigation, Crime Lab Errors, Crime Scene Analysis, Child Sexual Abuse, defending child pornography and criminal solicitation for sexual related cases involving children (like Dateline's "How to Catch a Child Predator" style cases), Homicide Investigations, Time of Death and Pathology, and Understanding Police Interrogations and Challenging False Confessions in Las Vegas, NV (12 hours of training)
May
Hosted/co-instructed the Impaired Driving Specialists' seminar "NHTSA's Standardized Field Sobriety Testing/Drugs that Impair Driving" certification (All the McShane Firm, LLC attorneys became certified as practioners in SFST administration) (McShane was re-certified) (16 hours of training)
Attended the Lorman Education Service's seminar "Trucking Litigation and D.O.T. Regulations" [this is primarily a civil law focused seminar (Update on Impact of Motor Carrier Safety Administration on Hours of Service, Risk Management Issues for Hazardous Materials Transport, Overview of the D.O.T. and Its Impact on Interstate Trucking, The Emotional Side of Motor Carrier Litigation – Alcohol and Road Rage, Punitive Damages, Imputed Liability and Driver's Scope of Employment, Traumatic Brain Injuries, Potential Liability Based Upon Violations of the Federal Motor Carrier Safety Act Regulations, Pros and Cons of Downloading ECMs)] (4 hours of training)
Hosted/co-instructed the Impaired Driving Specialists' seminar "NHTSA's Standardized Field Sobriety Testing Instructor" certification (All the McShane Firm, LLC attorneys became certified as Instructors in SFST administration) (32 hours of training)
December
Attended NCDD/GACDL/Headlines Marketing's "Advanced Forensic Blood and Urine Seminar" in Atlanta, GA (42 hours of training); faculty included scientists Dr. A.W. Jones, BSc, PhD, DSc; Dr. Francis Gengo, Pharm D; Dr. Alfred Staubus, Pharm D, PhD; Dr. Joseph Citron, MD, JD; and Ron Moore, B.Sc., JD [it covered topics including: hospital blood testing; legal blood alcohol testing; urinalysis testing; crime lab errors; hospital lab errors; hospital blood analysis for ETOH and drugs; ELISA, FPIA, CEDIA, KIMS, RIA, EMIT, Vacu-Elute, Headspace Gas Chromatography, Liquid Gas Chromatography, Thin-layer Chromatography, GC-FTIR, Mass Spectrometry, Photo-eclectic analysis; pre-collection errors; collection errors; analysis errors; chain of custody, storage, transportation and delivery related issues; phramacokinetics; pharmacodynamics; solid dose sample drug analysis; post-mortem analysis; endogenous versus exogenous alcohol production; intake, absorption, distribution, metabolism and excretion (elimination) of alcohol and drugs; medical conditions that mimic intoxication; elimination kinetics (half lives, Michaelis-Menten kinetics); and various analytical laboratory issues].
Became an Evidentiary Breath Alcohol Technician (BAT) - Intoxilyzer 5000, 400, SD-2 and SD-5 seminar performed by CMI/USDOT certified instructor Jan Semenoff of Industrial Training and Design, ltd. (21.25 hours of training)
2006
Total Hours of Training/Instructing = 56 hours
April
Attended PACDL's Capital Cases III-Joint Annual Meeting-Defending Death Penalty cases (16 hours of training)
June
Attended PBI's seminar "Driver Licensing Problems" hosted by PennDOT officials (8 hours of training)
2005
Total Hours of Training/Instructing = 54 hours
February
Attended PACDL's seminar "Forensic Science Seminar" (8 hours of training)
Attended Lorman Education Services Seminar "Strategies in Handling DUI Cases Under the New Law in Pennsylvania" (6 hours of training)
2004
Total Hours of Training/Instructing = 47 hours
September
Attended PACDL's seminar "Capital Cases I" (Pennsylvania's first ever training session for Death Penalty cases) (6 hours of training)
October
Attended PACDL's seminar "The Patriot Act" (1 hour of training)
November
Attended Lorman Education Services' seminar "Driving After Imbibing" (8 hours of training)
2003
Total Hours of Training/Instructing = 36 hours
September
Attended PBI's seminar "Pennsylvania Evidence" (4 hours of training)
Future Training Planned
2010
Anticipated Total Hours of Training/Instructing = 561.5 hours
June
Will attend the American Chemical Society course "Analysis and Interpretation of Mass Spectral Data" (16 hours of training)
July
Will be the sole instructor for the Lorman Education Services teleconference "Pennsylvania DUI and DWI Case Update" (1.5 hours of instructing/training)
Will attend the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
Will attend and instruct at IDS Consulting Inc’s seminar "Behind the Secrets of Highway Drug Interdiction" (16 hours of training, 2 hours of instructing)
August
Will attend and instruct at the American Chemical Society Fall 2010 National Meeting & Exposition of the American Chemical Society the Title for the Session is: "The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers" and Title for the presentation is: "Enzymatic assaying: The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena" (40 hours of training and 4 hours of instruction)
September
Will attend Restek training seminar entitled "Restek GC/MS Training Seminar" (Cat.#: 65832) (8 hours of training)
Will host and co-instruct "Just Because You are an Expert…Doesn't Make You Interesting" small group work shop seminar with Dr. Paul Homoly, CSP (16 hours of training)
Will instruct and attend at the California DUI Lawyers Association annual Seminar-Palm Springs, FL (1.5 hours of instruction, 8 hours of training)
Will attend National Patent Analytical System factory training in the BAC DataMaster (24 hours of training)
October
Will attend NCDD/NACDL 13th annual seminar "DWI means Defends with Integrity" in Las Vegas (12.5 hours of training)
Will attend National Patent Analytical System factory training in the BAC DataMaster (24 hours of training)
Will attend TCDLA "8th Annual Forensics Seminar"- Houston Texas (15 hours of training)
November
Will attend NACDL "Defending Drug Cases Seminar" (15 hours of training)
Will instruct and attend at the South Carolina DUI Association annual meeting "Advanced DWI Topics" entitled "Using Science in the Courtroom: With or Without an Expert Science is the Truth" (2 hours of instructing; 16 hours of training)
December
Will attend The Headlines Legal Marketing and GACDL seminar "Jan Semenoff Breath Alcohol Testing Device Mega Course" (20 hours of training)
2011
Anticipated Total Hours of Training/Instructing = 216.5 hours
January
Will attend the NCDD Winter Session (12 hours of training)
February
Will attend and present at the American Academy of Forensic Science Annual meeting-Chicago, Illinois (40 hours of training)
March
Will attend and instructing at the Ohio Association of Criminal Defense Lawyers 2011 Ohio Advanced DUI seminar (16 hours of training)
Will attend the he Pittsburgh Conference on Analytical Chemistry and Applied Spectroscopy (PITTCON) (40 hours of training)
May
Will attend the 2011 Mid Atlantic Association Forensic Scientists Annual Meeting (40 hours of training)
June
Will attended and instruct at the Minnesota Society for Criminal Justice (MSCJ) seminar "The DWI Defense Seminar for Minnesota" (2 hours of instruction, 8 hours of training)
July
Will attend the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
October
Will attend NCDD/NACDL 14th annual seminar "DWI means Defends with Integrity" in Las Vegas (12.5 hours of training)
Various Institute for Law Enforcement Education (ILEE) Training Reviewed
Police and Prosecutor's Manual Section L
Sobriety Check Book Student Manual Section C
Intoxilyzer 5000 with vapor recirculation
5000 EN Breath Test Infrared Absorption Student Manual
Various BD Vaccutainer Products and NIK Public Safety kits used for Blood Collection and Analysis
Publications Authored
The Changing Face of DUI: Why DUID is so Important, submitted to The Champion Magazine (December 14, 2009)
Driving After Imbibing Manual-The Authoritative Guide to Defending Motorists Accused of Alcohol/Drug Impaired Driving In Pennsylvania, ISBN 978-0-615-18677-1
Chapter author in the nationally recognized and widely used "Intoxication Test Evidence: Second Edition" by Edward F. Fitzgerald, Esquire
Chapter 6 co-author in the nationally recognized and widely used "Intoxication Test Evidence: Second Edition" by Edward F. Fitzgerald, Esquire "The Changing Face of DUI Practice: A Time to Think Ahead"
Lectures Presented
Instructed at the American Chemical Society course by Dr. Lee Polite, BA, MBA, PhD and Harold McNair, PhD "Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry: Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry and High Pressure Liquid Chromatography (a lecture laboratory course)" (2010)
Instructed and moderated www.TheMcShaneFirm.com seminar "How an Analytical Chemist is your Best Friend (And Also an Introduction to Metrology)" (2010)
Co-instructed the Impaired Driving Specialists' seminar "NHTSA's Standardized Field Sobriety Testing Practitioner " (2010)
Hosted and co-instructed The 3rd Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic "Introduction to Breath Testing" with Mary McMurray (2010)
Hosted and co-instructed The 3rd Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic "Just Because You are an Expert…Doesn't Make You Interesting" small group work shop seminar with Dr. Paul Homoly, CSP (2010)
Hosted and co-presented at an approved PACLE seminar entitled "The Defense is the Science and Science is the Truth, The Truth About Forensic Science: An Introduction to Method Validation" with Janine Arvisu (8 hours of training)
Presenter at the North Carolina Advocates for Justice "Advanced DWI Seminar" entitled "If You Want Blood (You've Got It): Understanding, Discovering and Presenting Errors in Blood Testing" (8 hours of training with 2 hours of lecturing)
Lecture at the Connecticut State Public Defender's Conference on "Short Course on Blood Toxicology" and "Drug DUI cases - Can they be Defended?" (2009)
PACLE approved seminar entitled "How to Aggressively, Scientifically and Ethically Defend a Controlled Substances Accusation" (2009)
NCDD/GACDL/Headlines Marketing's "Advanced Forensic Blood and Urine Seminar"- a case study presentation of the anatomy of a .34 BAC not guilty, in San Diego, CA (2009)
"Traffic Law Practices in Pennsylvania" - Lorman Education Services-Moderator of Panel and Keynote Speaker (2006)
"Technology in the Courtroom" - Presenter for CLE credit for the DCBA (2006)
Special Guest Presenter-Pennsylvania State Police Academy (2002)
Penn State-Dickinson School of Law-Jury Trial Advocacy (various occasions)
Central Pennsylvania College-Jury Trial Advocacy (various occasions)
Breath Alcohol Technician Training (various occasions)
SFST Practitioner Training (various occasions)
SFST Instructor Training (various occasions)
Intoximeters Alco-Sensor FST Practioner and Instructor Training (various times)
Technology Used in Courtroom:
Microsoft PowerPoint for multi-media displays for all openings, all closings, and expert witness presentations
General Summary of Legal and Professional Experience:
Defended several high profile cases including death penalty cases and several other homicides including a triple homicide death penalty case.
Tried over 90 Jury trials in both Federal and State Court ranging from homicides, large scale multi-million dollar drug trafficking and serial rapist cases to DUI and even speeding infractions as well as everything in-between.
Litigated a great many administrative license appeals, administrative license hearings, preliminary hearings, pre-trial motions, non-jury trials, post-sentencing motions and appeals before the Superior Court of Pennsylvania, The Commonwealth Court of Pennsylvania and the Pennsylvania Supreme Court.
Handled thousands of criminal cases.
Argued twice before the Pennsylvania Supreme Court.
Frequently argued before the Pennsylvania Superior Court. In fact, in Commonwealth v. Jones, 845 A.2d 821, Attorney McShane successfully argued to substantially change Pennsylvania law with respect to anonymous tipsters and vehicle stops to the benefit of all motorists.
Professional History
The McShane Firm, LLC
Chairman/CEO
Harrisburg, PA
March 2008 to present
After buying out partner, reincorporated:
Immediately increased the firm to include 5 attorneys and 11 support staff.
Operates, maintains and manages a thriving law firm.
Limited his practice to criminal law specializing in traffic offenses and DUI.
Immediately arranged to have all attorneys in Firm certified in accident scene reconstruction, Evidentiary Breath Alcohol Technician, and Standardized Field Sobriety Testing Instructors, Drugs that Impair Driving, DRE and advanced issues in forensic blood and urine testing.
Maintains the Dauphin County contract for representing those who are subject to involuntary mental health commitments.
Maintains the Dauphin County contract representing those who claim they have received the ineffective assistance of counsel and those seeking to assert their actual innocence using DNA (the NACDL effort known as "The Innocence Project")
McShane and Hitchings, LLC
Managing Partner
Hershey/Harrisburg, PA
April 2004 to March 2008
Originally formed as a partnership between 2 attorneys, the firm grew to four attorneys and 5 support staff.
Attorney McShane amicably bought out his law partner.
Attorney McShane operated, maintained and managed a thriving law firm.
Attorney McShane limited his practice to criminal law specializing in traffic offenses and DUI.
Admitted Pro Hac Vice in the Superior Court of California San Mateo County.
Law Offices of Justin J. McShane
Solo Practitioner
Hershey, PA
June 2003 to April 2004
On June 1, 2003 began the private practice of law specializing in Criminal Law and Traffic matters.
At that time shared offices with four other attorneys.
Dauphin County Public Defender's Office
Assistant Public Defender
Certified Legal Intern
Harrisburg, PA
May 2001 to June 2003
December 1999 to May 2001
Represented well over a thousand clients at every stage of criminal proceedings.
Represented clients in jury trials, at suppression hearings, bench trials, pre-preliminary hearing line-ups, preliminary hearings, parole/probation revocations, ARD hearings, investigating grand juries, formal arraignments, guilty plea colloquies and arguments before the Superior Court of Pennsylvania
Submitted briefs to the Pennsylvania Supreme Court
Experienced in plea and charge bargaining
Represented clients at involuntary civil commitments (i.e., mental health hearings) and Children and Youth matters.
Attorney McShane (Chairman/CEO) is a trial attorney who specializes in using forensic science in defending the citizen accused among us who has been alleged by the Government to be in violation of the law. He is nationally known and well-regarded for being a skilled and fierce litigator, but is also well known for his strong understanding and in-depth knowledge in all forms of forensic science.
Justin McShane represented me in February 2009 before Judge Evans on a DUI case. He and his team got me a complete and total not guilty victory. It was awesome! I am a CDL truck driver and if I had even an ARD that means I would have lost my job, my house and everything. Thanks Justin. You guys are AWESOME!
When I got this email from Justin asking me to write a review on him on this site, I dropped everything I was doing to do it. Unfortunately, my daughter has a drug problem. We have been struggling with it for years in the family. She was caught by the police and sold to an undercover. Justin made it get through ARD so she would have no felony on her record and is now a college student and has a bright future. We cannot believe how great he is.
If anyone in the Harrisburg area is looking for a lawyer, you should call Justin McShane. I am a free man today and I believe that is due to his efforts and superior knowledge. He helped me to avoid jail time and I was only left with community service and a reasonable fine.
I have never seen or her of a more talented group of people and I believe if people really care about their life and future they’ll think real hard about hiring you guys.
Justin, I believe, is the best bar none. Not only just in the courtroom but also for just being a great guy. I’ve always been told not to trust an attorney but Justin I trust along with the whole firm.
You have always been honest, that is so important. Also your hard work – you never leave loose ends. You know your job and do it at the highest level. You are all winners. Thank you for giving your all!
Plain and simple, it was awesome. You guys kick butt. All the money that was paid was worth every penny. I will never forget you all. Thanks for all your help.
I felt your firm had everything under control. you were on top of things and most of all I knew I did not have to worry about anything – which was great.
I want to sincerely thank you for your incredible honesty, integrity, and professionalism in the case of my DUI back in February, 2009.
After my arrest on December 29, 2007 you have given my case the care and respect beyond what any other attorney wanted to give me. After the initial meeting with you I was impressed so much that I actually could not believe what I was hearing. You described how you would go about handling my case and described to me what no other attorney could describe because of their lack of knowledge and experience in this field. I had sat down with two other attorney’s in the DUI field and came out in a very depressed state. The first attorney told me to just plead guilty, the other attorney said for $500 he would take care of my case. He never said exactly how or what he would do for me.
When I sat down with you Mr. McShane you told me how this was my livelyhood, I realize even more today how important it was, I could never have worked with another trucking company or any other job of any meaning if I would have been convicted of DUI, for that matter I would had lost my job of $23 per hour driving truck. It was your persistence and determination to see to that I was found NOT GUILTY. I had been to the Dauphin County Courthouse over 7 times, due to the fact that the police department would not bring evidence and or police officers who were required to appear and either or the evidence or the police officers would not show up. If it weren’t for your persistence in filing motions in the court for this evidence and or police officers named this case would have went to trial and I would have been found GUILTY. Many times I was about to give up when you explained to me that could give up, but that you had felt had a solid case and if I did what you had asked of me that you felt with an 80 to 90% confidence, I would be found NOT GUILTY.
Your professionalism, knowledge of all the equipment involved in a DUI, your expert witnesses, and the handling of the entire case is something to be added to the law books. In fact I think it was mentioned that this case is a break through in many way's and that it will go down in case law? I have even went under my name in [Google] and have found the case.
I have not thanked you enough and I cannot thank you enough or express my deepest thanks not only to you, but to your entire staff! The professionalism, knowledge, experience and caring of your staff is second to none!
Justin is an extraordinarily dedicated advocate who cares very much for the profession and his clients. There are many lawyers who have reputations that are undeserved; some were never any good to begin with and others were great once but have lost the passion for their work. Not Justin. He’s the genuine article.
I recently consulted Justin on a scientific matter that had arisen in a white collar criminal case in federal court in Houston. All I can say is that I was more than impressed with the breadth of his knowledge and his evident dedication to the profession. He is exactly the kind of lawyer I would retain if I needed representation.
Justin McShane is a top notch lawyer. He is known both as a formidable advocate and creative legal mind. I respect his work ethic, his dedication to the craft of practicing law and his shining example of excellence in the legal community. Justin is smart, tenacious and compassionate. It gives me great pleasure to endorse him. Counsel and the accused would be well advised to contact him immediately if you need sound, experienced legal advice.
I endorse this lawyer’s work. I met Justin at A Blood Alcohol testing seminar recently. Any DUI lawyer that attends these types of seminars is leader in the area of DUI defense.He presented a short lecture on a recent case he tried .The defenses were excellant. I highly reccomend Justin for anyone charged with a crime in Pennsylvania.
Justin is a dedicated warrior for his clients. As an adversary, get out of his way, as he is determined to do the right thing for his clients. As a potential client, do whatever you can to hire him, as he is your best hope for a positive outcome in your case. I am continually impressed by Justin’s work ethic and abilities.
Shawn has been practicing law for a short time but he has been studying the fine points of criminal litigation for a long period of time. Shawn clerked for Justin McShane while studying for the bar. During that time, Shawn was involved in numerous cases and helped Attorney McShane prepare for trial. While learning from the best, Shawn has been busy developing his own style and finding his own voice. He is a charismatic lawyer and a skilled trial attorney. His experience is vast in comparison to his time in practice and in fact, he already has more trial experience than many attorneys with 10+ years of experience. If you are considering retaining Shawn you should have absolute confidence in his abilities and commitment to your case.
- Attorney William Bly, Biddeford ME
Justin McShane is a highly knowledgeable and effective attorney in the area of DUI defense. I am extremely impressed with his ability to recall and provide critical scientific literature references needed to document the faults in the state’s testing of DUI suspects. He is a pleasure to work with and I highly recommend as the best DUI defense attorney in his part of the country.
- Alfred Staubus, President, A & A Consultants, Inc.