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 a highly-experienced 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 attended 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 top-quality 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 among us who has been accused by the Government. 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 also was the youngest person in the United States ever to be so certified) 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 to do so in the nation. He is a frequent invited guest lecturer at national, state and local seminars that are attended by lawyers, judges, scientists and policy-makers. He has been invited three times to lecture at the ACS National meeting and has presented at the 2011 AAFS national meeting. He was named a fellow with the American Institute of Chemists. He has been named Senior Assistant Chromatography Instructor by the American Chemical Society. He serves as the co-chairman of the Forensic Science section of the American Chemical Society-Chemistry and the Law Division. He is the Chairman/CEO of The McShane Firm, LLC, a six attorney criminal defense and DUI law firm. He maintains two blogs:
Earned Certification as Board Certified in DUI Defense Law,
National College for DUI Defense (March 19, 2010 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)
Admitted to the Florida Bar Pro Hace Vice(2011)
Scientific Associations:
Fellow, the American Institute of Chemists (AIC) (2010-present)
Member, American
Chemical Society (ACS) – Analytical Chemistry Division, Chemical
Toxicology Division, Chemistry & the Law Division (member number:
30101719) (2009-present)(co-chairman of the Forensic Science section of the American Chemical Society-Chemistry and the Law Division)
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)
Member, The Chromatography Forum of Delaware Valley (2010 until present)
Member, the American Society for Testing and Materials (ASTM)
International (member number: 1261985) (granted official voting status
to the E30 committee officer on 6/22/2010) (2010 until present)
Member, the American Association for Clinical Chemistry (AACC)
(TDM/Toxicology Division and Philadelphia Local Section member) (member
number 168461) (2010 until present)
Member, National Conference of Standards Laboratories
International (NCSL International) (2010 until present)
Member, Association of Analytical Communities (AOAC INTERNATIONAL) (member number 112197) (2010 until present)
Pending Application for membership with the American Society for
Mass Spectrometry (ASMS) (2010 until present)
Pending Application for membership with the Society for Applied
Spectrometry (SAS) (2010 until present)
Member, American Society for Quality (ASQ): Measurement Quality and Statistics (Member number: 64116307) (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; Pennsylvania State Delegate
Member of the Minnesota Society of Criminal Justice Intoxilyzer
5000 Source Code Coalition (2010-present)
Member, The Texas Criminal Defense Lawyers Association (2010
until present)
Associate Member, Out-of-State Attorney, California Association
for Criminal Justice (2010 until present)
Associate Member, Out-of-State Attorney, California DUI
Lawyers Association (2010 until present)
Honors:
Conferred by the National College for DUI Defense the designation of Sustaining Membership(2012)
Conferred by the Texas Criminal Defense Lawyers Association an Official Proclamation in recognition for volunteerism in teaching “countless” Texas lawyers and other lawyers about science and trial advocacy(August 11, 2011)
Conferred special certificate of recognition by the National College for DUI Defense, Inc. for services rendered in the Supreme Court of the United States victory of Bullcoming v. New Mexico (2011 Summer Session)
National College for DUI Defense, Inc.-Region 3 Super Delegate (2011-present)
Elected Co-chairman of the Forensic Science section of the American Chemical Society-Chemistry and the Law Division (2011-present)
Founding elected President of the Pennsylvania Association for Drunk Driving Defense Attorneys, Inc. (2011-present)
National College for DUI Defense, Inc.-Pennsylvania State
Delegate (2010-present)
Avvo.com 10.0 rated attorney(2009-present)
AV rated attorney by Martindale-Hubble(2011-present)
SuperLawyer Rising Stars in Criminal Defense: DUI(2011-present)
Jury service 2003 selected for a jury and served as foreman and in 2008 where called but not selected
Additional Professional Training:
Annual
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)
2012
2012-Total Hours of Training/Instructing= 22 hours to date with another 509 hours total planned
January
Attended and instructed at at the Fredric Rieders Family Renaissance Foundation seminar entitled “Confrontation: Bullcoming and Beyond” (4 hours of training with 0.5 hours of lecturing)
Attended and instructed at the NCDD Winter Session presenting a talk called “Where there is no Science in Evidentiary Breath Testing” (16 hours of training with 1.1 hours of lecturing)
Attended LC/GC’s ChromAcademy webinar sponsored by ThermoScientific entitled “The CHROMacademy Essential Guide… Understanding Mass Alayzers-Traps and TOF’s” by Tony Taylor and Dr. G. John Langley, PhD (1 hour of training)
Attended LC/GC’s ChromAcademy webinar sponsored by Parker/Batston entitled “Fast GC — Cut Your Analysis Time” by Dr. Lee Polite, PhD (1 hour of training)
2011
2011-Total Hours of Training/Instructing= 589.75 hours completed
January
Hosted and instructed at a national webinar “The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines” (6.5 hours of training with 3.5 hours of lecturing)
February
Attended and presented at the North Carolina Advocates for Justice “New and Creative Ideas for Winning DWI Trials” a talk entitled “The Science of DWI: Three Never Fail principles of cross-examining any “expert” on science or Paul Glover”(8 hours of training with 1.5 hours of lecturing)
Presented as a special guest lecturer at the Methodist University in North Carolina a talk entitled “So You Want to Be a Forensic Scientist… The Real Courtroom World and Words of Advice as to How to Make Sure You Have a Long and Happy Career” (1 hour of lecturing)
Hosted and instructed at a national webinar “The Replay of ‘The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines’” (7.5 hours of training with 4 hours of lecturing)
Attended LC/GC’s Chromacademy webinar with Tony Taylor and Dr. Kevin Shcug, PhD “Essential Guide to…. Electrospray Ionization (ESI) for LC-MS (Part 1)” (1 hour of training)
Attended the American Society for Quality (ASQ) webinar “How to Calculate the Risk of a Decision: Shainin B versus C” by Richard Shainin (1.25 hours of training)
Attended and presented at the 63rd American Academy of Forensic Science Annual meeting-Chicago, Illinois. Attended various poster session presentations, and “Workshop #8: Method Validation and Estimating the Uncertainty of Measurements in the Modern Forensic Lab for Compliance with ISO/IEC 17025: 2005,” “Workshop 18: K2 and Beyond: A Synthetic Cannabinoid Primer,” “Breakfast Session 2: Coping with the CSI Effect ,” and “Workshop 21: Blood Alcohol Concentration Evidence: Extrapolation, Interpretation, and Testimony in the Post-NAS Era.” I presented a talk entitled “E23: Gastroesophageal Reflux in BrAC Measurements” (40 hours of training with .75 hours of presenting)
March
Attended and instructed at the Ohio Association of Criminal Defense Lawyers 2011 Ohio Advanced DUI seminar (16 hours of training with 3 hours of lecturing)
Attended and instructed at the TCDLA “Masters of Cross Examination Seminar” along faculty which includes Racehorse Haynes, Dick DeGuerin, Gerry Goldstein, Kent Shaefer, Greg Westfall, Vivian King, Scrappy Holmes, Terry MacCarthy and Dan Cogdell (16 hours of training with 1 hour of lecturing)
Instructed at the OACDL bonus seminar “Gas Chromatography-Mass Spectrometry, Integration, and Metrology” (5.5 hours of lecturing)
Attended LC/GC and ThermoFisher Scientific webinar with Dr. John Gilbert and Dr. Joe DiBussolo “Improving Efficiency in High Sample-Volume Laboratories Using Turbulent Flow Chromatography & LC Multiplexing” (1 hour of training)
Attended and presented at the American Chemical Society Spring 2011 National Meeting & Exposition “False Convictions and Bad Pharmacology: The Danger of the Drug Recognition “Expert” Protocol in Driving Under the Influence of Drug Prosecutions: A call for meaningful validation” and 2nd presentation with a poster session: “False Accusation the Issues of Residual Mouth Alcohol, and the Non-specificity and Non-selectivity of Roadside Portable Breath Testing devices that use ElectroChemical-based Detectors” (40 hours of training with 4 hours of lecturing with poster session presentation)
April
Attended LC/GC and Dionex Scientific webinar with Frank Steiner, PhD. and Professor Gérard Hopfgartner, PhD. “On-Line SPE-UHPLC for High Sensitivity/High Speed Chromatography Analysis”(1 hour of training)
Attended LC/GC and ThermoFisher Scientific webinar with Dr. John Gilbert and Dr. Joe DiBussolo “Improving Efficiency in High Sample-Volume Laboratories Using Turbulent Flow Chromatography and LC Multiplexing”(1 hour of training)
Attended LC/GC and Dionex webinar with Dr. Bruce E. Richter, Ph.D. and Dr. Douglas E. Raynie, Ph.D. “Innovations in Automated Sample Preparation” (1 hour of training)
Attended LC/GC and ThermoScientific webinar with Dr. Katharina Rentsch “Save Time on Toxicology Screening with an Easy LC/MS Method”(1 hour of training)
Attended and presented at the NCDD/TCDLA seminar “Mastering Scientific Evidence”(24 hours of training with 1 hour of lecturing)
Attended LC/GC and Waters webinar with Mr. Neil Spooner “New Developments and Insights on the Use of Dried Blood Spot (DBS) Sample Technology”(1 hour of training)
Hosted and instructed a national webinar “The Scientific Truth About Hospital Blood: Enzymatic-based assay”(3.5 hours of lecturing)
May
Attended RTI International, Inc. and the National Institute for Justice webinar with Jeri Ropero-Miller, Ph.D. DABFT and Craig Sutheimer, Ph.D. entitled “Specimen Validity Testing The U.S. Experience in Workplace Drug Testing”( 1 hour of training)
Attended and presented at the TCDLA “DWI Defense Project-DWI Science: What You Must Know to Win!” (8 hours of training with 1.5 hours of presenting)
Attended LC/GC and PerkinElmer webinar with Dr. Sean Daugherty, PhD “Expanding Your Lab Capabilities and Productivity with the Latest Generation LC/MS”( 1 hour of training)
Attended and hosted The 4th Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic “Learning at the Footsteps of the Master-Cross Examination by Terry MacCarthy”( 20 hours of training)
Attended and presented at the Maryland Criminal Defense Attorney’s Association seminar “7th Annual Advanced DUI Seminar” (8 hours of training with 1.5 hours of presenting)
Attended the NCDD webinar entitled “NCDD Serum Ethanol False Positive Due to NADH”(1.5 hours of lecturing)
Attended LC/GC and Shimadzu webinar with Dr. Nicholas H. Snow, PhD “Faster GC… or Fastest”(1 hour of training)
June
Attended The Chromatography Forum of Delaware Valley 2011 “Hands-on” Chromatography short Course entitled “Advanced LC and Lab with Hands-on LC/MS”(24 hours of training)
Attended and instructed at The California Public Defenders Association “Third Annual Two-Day DUI Defense Practice Institute”(14 hours of training, 1 hour of instruction)
Attended and 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)” (48 hours of training, 1 hour of instructing)
Attended LC/GC and Crawford Scientific webinar with Dr. Mike Swartz, PhD and Scott Fletcher “Introduction to Analytical Method Validation: Chromaotgraphic Method Validation” (1 hour of training)
Attended LC/GC and ESA webinar with Dr. Andries Bruins, PhD and Professor Dr. Uwe Karst, PhD “Electrochemistry-Mass Spectrometry as a Tool for Drug Metabolism” (1 hour of training)
Attended LC/GC and Waters webinar with Lauren Wood “Empower 3 Chromatography Software: New Tools and Calculation Capabilities to Enhance Productivity” (1 hour of training)
July
Attended the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
August
Attended and instructed at the TCDLA seminar “Top Gun DWI Defense” (8 hours of training with 1 hour of lecturing)
Attended and instructed at the Impaired Driving Specialists seminar “2nd Annual DUI Training Super Symposium” (32 hours of training with 2 hours of lecturing)
Attended, hosted a workshop, and presented at the American Chemical Society 242nd National Meeting & Exposition 40 hours of training with 10 hours of lecturing with poster session presentation)
Attended the American Chemical Society Short Course entitled “Introduction to Modern Mass Spectrometry” (16 hours of training)
September
Attended Spectroscopy and Bruker webinar with Dr. Jim Koers, PhD and Professor Dr. Kefei Wang, PhD “A Compound-Based Approach to Simplify Method Development and Data Processing for Multiple Residue Analysis by GC-MS-MS” (1 hour of training)
Attended LC/GC and Thermo Scientific webinar with Dr. Hans Joachim Huebschmann and Dr. Paul Silcock “Are you selective enough? Aspects of selectivity with a particular focus to GC-MS/MS” (1 hour of training)
Attended and 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)”(48 hours of training, 1 hour of instructing)
Attended the Restek training seminar entitled “Restek Comprehensive Capillary GC Seminar-Catalog #65851” (8 hours of training)
October
Attended and instructed at Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (16 hours of training, 5.5 hours of instructing)
Attended and instructed at the OACDL seminar “Ohio Superstars” (8 hours of training, 1 hour of instructing)
Attended and instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (16 hours of training, 1 hour of instructing)
November
Attended and 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)” (48 hours of training and instructing)
Attended LC/GC’s Chromacademy and Thermo Scientific webinar with Scott Fletcher and Dr. Kevin Schug, PhD “The CHROMacademy Essential Guide… Quadrupole Analyzers and MS/MS Analysis”(1 hour of training)
Attended the LCGC North America and Bruker Daltonics, Inc. webinar by Ed George entitled “Effective and Efficient Application of GC-MS in Food Testing, Environmental, and Pharmaceutical Applications”(1 hour of training)
Attended and presented at the ATF-developed and Pennsylvania State Police Fire Marshall Unit produced “Arson for Prosecutors Class”(8 hours of training, 2 hours of instructing)
December
Instructed and attended at the Texas Criminal Defense Lawyer’s Association seminar entitled “There will Be Blood: Winning DUI Blood Cases” (8 hours of training with 6 hours of instructing)
Attended and instructed at the Utah Association of Criminal Defense Lawyers Annual DUI Seminar (8 hours of training, 2 hours of instructing)
2010
Total Hours of Training/Instructing = 653.25 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 to Sample 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
June
Attended ThermoFisher Scientific webinar by Dr. Bori Shushan
and Dr. Joe Bussolo entitled “LC-MS Analysis in Forensic Drugs-of-Abuse
and Pain Management Testing: Improve Confidence, Sample Throughput, and
Reliability” (.75 hours of training)
Attended ThermoFisher Scientific webinar by Dr. Thomas
Moehring and Dr. Uwe Christinas “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)
Completed American College of Forensic Examiners
International certification/seminar “Antidepressant Withdrawl Syndrome
and DUI Evaluation (FEFA0607)” by Henry Spiller, MS, DABAT, FACFEI,
DABFE, and Tama S. Sawyer, PharmD, CSPI (1 hour of training)
Attended the American Chemical Society course “Analysis and
Interpretation of Mass Spectral Data” (16 hours of training)
July
Attended and instructed at IDS Consulting Inc’s seminar
“Behind the Secrets of Highway Drug Interdiction” (16 hours of
training, 2 hours of instructing)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation Introduction” (1.5 hours of training)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC Chromatographic Parameters” (3
hours of training)
Attended ChromAcademy webinar presented by GC/LC earl
“LC/HPLC The Theory of HPLC Band Broadening” (3 hours of training)
Attended ChromAcademy webinar presented by GC/LC earl
“GCTheory and Instrumentation of GC Band Broadening” (3 hours of
training)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC Gas Supply and Pressure Control” (2
hours of training)
Instructed at the Lorman Education Services
teleconference/webinar “Pennsylvania DUI Case Law Update: A Massive
Paradigm Shift-The Post Melendez-Diaz and Post-Chase World” (1.5
hours of instructing/training)
Attended the NCDD Summer Session held at Harvard School of Law in Cambridge, Massachusetts(16 hours of training)
August
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC Sampling Techniques” (4.5 hours
of training)
Attended American Chemical Society on-demand Webinar by Dr.
Brian C. Smith “Across the Spectrum: Infrared Spectral Interpretation
Module 1: The Fundamentals of Infrared Interpretation” (3 hours of
training)
Attended and instructed 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)
Attended and instructed at the Platt and Associates seminar
entitled “An Overview of the NHTSA/IACP Drug Recognition and Evaluation
Course” (16 hours of training and 3 hours of instruction)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC Sample Introduction” (5 hours of
training)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC-GC Detectors” (2.5 hours of
training)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC-GC Columns” (5.5 hours of
training)
Attended ChromAcademy webinar presented by GC/LC earl “GC
Theory and Instrumentation of GC-GC Temperature Programming” (3
hours
of training
September
Attended LCGC Webcast with Larry T. Taylor “Method
Development in Packed Column Supercritical Fluid Chromatography” (1
hour
of training)
Attended Chromedia and SeparationsNow.com webinar with
Professor Mario Thevis “Sports Drug Testing: Chromatography and
Mass Spectrometry-Based Approaches” (1 hour
of training)
Attended Analytical Chemistry Consulting and Training
Associates, Inc.’s “Narrated Course: Introduction to the
ChemStation” (0.5 hours
of training)
Attended Analytical Chemistry Consulting and Training
Associates, Inc.’s “On-Line Course: Introduction to the
ChemStation” (0.5 hours
of training)
Attended Analytical Chemistry Consulting and Training
Associates, Inc.’s “On-Line Course: Significant Figures and
Rounding” (0.5 hours
of training)
Attended ChromAcademy webinar presented by GC/LC earl
“LC/HPLC: The Theory of HPLC-Supercritical Fluid Chromatography” (3
hours
of training)
Attended ChromAcademy webinar presented by GC/LC earl
“Hyphenated Fundamental GC-MS Introduction” (1.5 hours
of training)
Attended ChromAcademy webinar presented by GC/LC earl
“Hyphenated MS Interpretation *NEW* General Interpretation Strategies” (9.5
hours
of training)
Attended Perkin-Elmer webinar with Timothy Ruppel entitled
“Blood Alcohol Content by Headspace/Gas Chromatography” (1.5 hours
of training)
Attended NMS Labs webinar with Dr. Barry K. Logan, PhD “K2
and the Synthetic Cannabinoids: Pharmacology, Effects and
Chemical Analysis” (1 hour
of training)
Hosted and co-instructed “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)
Instructed and attended the California Association for
Criminal Justice annual “Rules of the Road Seminar”-Palm Springs, CA (1.5 hours of instruction, 8 hours of training)
October
Attended and instructed at the Alabama Criminal Defense Lawyer’s annual “Advanced DUI Topics” seminar on Blood, Urine and other analytical chemistry topics (8 hours of training, 2 hours of instruction)
Attended and instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (16 hours of training, 2 hours of instruction)
November
Attended and instructed at the South Carolina Association of Criminal Defense Lawyers “The Third Annual Reese Joye Memorial DUI Defense Seminar” (8 hours of training, 1 hour of instruction)
Attended and 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)” (48 hours of training, 1 hour of instructing)
Instructed training for Trichter & Murphy. PC entitled “How an Analytical Chemist Can be the Accused’s Best Friend Lessons 1-5” (8 hours of training)
Instructed and attended at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (.75 hours of lecture and 12 hours of training)
Attended National Fire Protection Association (NFPA) training “Fire and Explosion Investigations (NFPA 921-2008 ed.) (16 hours of training)
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 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 (42 hours of training)
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
December-Attended NCDD/GACDL/Headlines Marketing’s “Advanced Forensic Blood and Urine Seminar” in Atlanta, GA; 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 (42 hours of training)
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
2012
Total Anticipated Hours of Training/Instructing= 531 hours
February
\Will attend and moderate at a workshop as well as present at the 65th American Academy of Forensic Science Annual meeting-Atlanta, GA will attend many oral presentations and “Evening Session 1: The Casey Anthony Trial-From the Defense, Medical, and Scientific Viewpoint,” “Workshop #14: Using Phramacokinetics to Analyze Forensic Toxicology Cases,” and “Workshop #18: Deadly by Design: Forensic Toxicology, Adverse Effects of Synthetic Cannabinoids, and Novel Designer Drugs (“Bath Salts”)” and will present “State Crime Laboratories — Open or Closed to Criminal Defense Attorneys?”. (40 hours of training with 0.3 hour of presenting)
Will attend and instruct at Lyons & Lyons Co., LPA “6th Annual Diving Into A DUI Case” presenting a talk entitled “Gas Chromatography with Mass Spectrometry” (12 hours of training with 4 hours of lecturing)
Will attend and present at the North Carolina Advocates for Justice “New and Creative Ideas for Winning DWI Trials” presenting a talk entitled “Bullcoming and Confrontation: Now What?” (8 hours of training with 2 hours of lecturing)
March
will attend and present at the NCDD/TCDLA seminar “Mastering Scientific Evidence” presenting a talked called “Gas Chromatography with Mass Spectrometry for DUID cases” (8 hours of training with 2 hours of lecturing)
Will attend and present at the NACDL & CACJ seminar “5th Annual Forensic Science Seminar” presenting a talk called “Pharmacology for Lawyers” (16 hours of training with 2 hours of lecturing)
Will attend and present at the American Chemical Society 243rd National Meeting & Exposition presenting a talk called “Burning the accused at the stake? Is arson/explosive investigations scientific or modern day witchcraft?” and moderating the full day session “Forensic Science, Chemistry, and the Law.” (40 hours of training, moderating 8 hours of topics with 1 hour of lecturing with poster session presentation)
Will attend PittCon 2012 and attend seminars entitled “Headspace Analysis-Theory and Practice” presented by Michael Markelov, PhD and Olga Bershevits, PhD and “Analytical Metrology” presented by Jerry Messerman, PhD(40 hours of training)
April
attended and present 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)” (48 hours of training and lecturing)
May
Will attend and present at the Kansas Association of Criminal Defense Lawyers annual DUI training seminar presenting a talk called “Gas Chromatography for Lawyers” and “Why the Intoxilyzer 8000 is not scientific” (8 hours of training with 3 hours of lecturing)
Will attend and host The 6th Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2012 topic “Learning at the Footsteps of the Master-Cross Examination by Terry MacCarthy III” (20 hours of training)
June
Will attend and present at the annual National Judges Association (NJA) meeting presenting a talk called “Gas Chromatography for Judges” (2 hours of lecturing)
Will attend and present at The California Public Defenders Association “Fourth Annual Two-Day DUI Defense Practice Institute” presenting a talk called “Pharmacology for Lawyers” (14 hours of training, 1.25 hour of instruction)
Will attend and present at the Nebraska Criminal Defense Attorney’s Association seminar “Advanced DWI seminar” presenting a talk called “Headspace gas Chromatography with Flame Ionization Detector for Ethanol Concentration” (8 hours of training with 1.5 hours of lecturing)
July
Will attend and present 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)” (48 hours of training and instructing)
Will attend and present at the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training and 1.75 hours of lecturing)
August
Will attend and present at the American Chemical Society 244th National Meeting & Exposition (40 hours of training with 4 hours of lecturing with poster session presentation)
Will attend and present at the Colorado Criminal Defense Bar seminar “Headspace Gas Chromatography with Flame Ionization Detector for EtOH determinations” (12 hours of training and 9 hours of lecturing)
September
Will attend and present 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)” (48 hours of training and instructing)
Will attend and host The 6th Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2012 topic “Learning at the Footsteps of the Master-Cross Examination by Terry MacCarthy IV” (20 hours of training)
October
Will attend and present 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)” (48 hours of training and instructing)
Will attend and present at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (16 hours of training with 1 hours of lecturing)
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
Only private criminal defense lawyer in the United States that owns LC/GC-FID and LC/GC-MS software (TotalCrom, EZChrom and ChemStation)
Publications Authored
McShane, Justin J. “Keeping Accuracy/Calibration Records Out” NCDD Journal Volume 1 Issue 15 (Winter, 2011) 2-4.
McShane, Justin J, Middlebrook, Richard and Brehmer, Jeremy “Abstract: State Crime Laboratories — Open or Closed to Criminal Defense Attorneys?”The Proceedings of the American Academy of Forensic Sciences: 64th Annual Scientific Meeting (Atlanta, GA-AAFS, 2012)
McShane, Justin J, Auriemma, Joshua, and Watt, Sebastian “A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion?”The NACDL Champion Magazine (Oct. 2011) 10-3.
McShane, Justin J “CHAL 13 Abstract: State of forensic science in America today: Is it scientific at all? Is there a path forward?” printed in the symposium of the 242nd National Meeting of the American Chemical Society
McShane, Justin J “Chapter 4: Navigating the Complexities of a DUI Vehicular Homicide Defense“ in Defending DUI Vehicular Homicide Cases, (Aspatore; A Thompson Reuters business, ISBN-13: 9780314280565) (2012) 73-100
McShane, Justin J., Marley, Wanda, Citron, Joseph, and Gengo, Francis “Chapter 3: The Top Ten Points in Establishing a Viable and Scientifically Based GER/GERD Defense to Evidentiary Breath Testing Cases,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Third Edition Aspatore: A Thompson Reuters business, 2011).
McShane, Justin J., Fitzgerald, Edward “Chapter 57: ISO 17025” in Edward F. Fitzgerald, Esquire, ed., Intoxication Test Evidence: Second Edition (Eagan, MN: West: A Thompson Reuters business, 2011), ASIN: B0006F56LC), (2011)
McShane, Justin J., and Marley, Wanda “Abstract E 23: Limitations of the Assay: Gastroesophageal Reflux and BrAC Measurements” in The Proceedings of the American Academy of Forensic Sciences: 63rd Annual Scientific Meeting (Colorado Springs, CO-AAFS, 2011).
McShane, Justin J., “Chapter 6: Headspace Gas Chromatography with Flame Ionization Detector: What It Is and How to Cross-Examine an Expert on It” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Third Edition (Aspatore: A Thompson Reuters business, 2011).
McShane, Justin J., Lee, Josh, and Valentine, Jimmie “False Convictions and Bad Pharmacology: The Danger of the Drug Recognition” American Chemical Society Symposium Series Books (Washington, DC: American Chemical Society) approved per peer review and in initial drafting.
McShane, Justin J. “Glossary of Important Analytical Chemistry Terms” included in materials distributed at the Colorado Criminal Defense Bar’s “Rocky Mountain High: DUI/DUID Defense School at 10,000 feet.”
McShane, Justin J. “Comprehensive Blood Discovery and the Reasons For It.” in Bruce Kapsack, Esquire, ed., Innovative DUI Trial Tools (James Publishing, 2011, ASIN: B001NAQLPE).
McShane, Justin J. “Iconoclastic Thinking: Smashing the Paradigm of Effective Cross-Examination of Opposing Party Expert Witnesses. How Being Nice, Acting Like A Curious 5-Year Old, and Using the Social Convention of the Dating Ritual to Win.” North Carolina Association for Justice, Ohio Criminal Defense Lawyers Association, the Texas Criminal Defense Lawyers Association, The California Public Defenders Association, and the Tennessee Criminal Defense Lawyers Association (2011)
McShane, Justin J. “Glossary of Important Analytical Chemistry Terms” in Paul Burglin, Barry Simons and Ed Kuwach, ed., California Drunk Driving Law (Costa Mesa, CA: James Publishing 2011, ISBN-10: 0970350120).
McShane, Justin J. ““Consciousness of Guilt or Reasonable Confusion: How Applied Epistemology Can Negate the Burden Shifting Game in a DUI Refusal Case” submitted to The Voice (Texas Criminal Defense Lawyers Association’s membership publication).
McShane, Justin J. and Lee, Josh “Electro-Chemical Based Portable Breath Testing: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside” shortly to be submitted to The Voice for review and possible publication.
McShane, Justin J. “CHAL Abstract: Call for meaningful validation of the Drug Recognition “Expert” protocol in driving under the influence of drugs prosecution”printed in the symposium of the 241st National Meeting of the American Chemical Society
Gengo, Francis and McShane, Justin J. “Appropriate Analysis and Application of Bio-scientific Information in the Defense of Those Accused of Driving Under the Influence of Drugs or Ethanol” (anticipated publication date in 2013)
McShane, Justin J., “An Epistemological Based Defense to the DRE-based DUI Prosecution” in Don Bartell ed., Mary Catherine McMurray ed., and Anne ImObersteg ed., Attacking and Defending Drunk Driving Tests (James Publishing, 2008)
submitted pending galleys.
McShane, Justin J., “The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers: Enzymatic assaying-The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena,” submitted to The Journal of the American Chemical Society
McShane, Justin J.; Citron, Joseph; Staubus, Albert “CHAL Abstract: The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers: Enzymatic assaying-The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena” printed in the symposium of the 240th National Meeting of the American Chemical Society
McShane, Justin J., “The Inability to Quantify: Values that are Outside the Demonstrated Linear Dynamic Range of Detection Lead to the Impossibility to Prove Guilt beyond a Reasonable Doubt,” submitted to the Pennsylvania Bar Association Quarterly.
McShane, Justin J., Fitzgerald, Edward “Chapter 6: The Changing Face of DUI Practice: A Time to Think Ahead” in Edward F. Fitzgerald, Esquire, ed., Intoxication Test Evidence: Second Edition (Eagan, MN: West: A Thompson Reuters business, 2010, ASIN: B0006F56LC), 6-1 to 6-55.
McShane, Justin J, Driving After Imbibing Manual-The Authoritative Guide to Defending Motorists Accused of Alcohol/Drug Impaired Driving In Pennsylvania, (Harrisburg, PA: CDSD Publishing, 2005-2010) ISBN 978-0-615-18677-1.
McShane, Justin J, Marsico, Douglas, Sennett, Brian Traffic Law Practices in Pennsylvania, (Lorman Education Services, 2006).
McShane, Justin J, Preliminary Hearing: A Primer for the Inexperienced, (Harrisburg, PA: CDSD Publishing, 2005-2010).
McShane, Justin J, Pennsylvania Vehicle Code and the ‘New’ Driving After Imbibing Law: A Practitioner’s Guide to Successfully Defending Against the Commonwealth and PENNDOT License Suspension, (Harrisburg, PA: CDSD Publishing, 2005-2010).
McShane, Justin J, Am I Going to Lose My License?, (Harrisburg, PA: CDSD Publishing, 2005-2010).
Lectures Presented
Instructed at the Fredric Rieders Family Renaissance Foundation seminar entitled “Confrontation: Bullcoming and Beyond” (2012)
Instructed at the NCDD Winter Session presenting a talk called “Where there is no Science in Evidentiary Breath Testing” (2012)
Instructed at the OACDL seminar “Ohio Superstars” (2011)
Instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (2011)
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)”(2011- 3 times)
Hosted a workshop, and presented at the American Chemical Society 242nd National Meeting & Exposition (2011)
Presented at the TCDLA seminar “Top Gun DWI Defense” (2011)
Presented at the Impaired Driving Specialists seminar “2nd Annual DUI Training Super Symposium” (2011)
Presented at The California Public Defenders Association “Third Annual Two-Day DUI Defense Practice Institute”(2011)
Presented 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)”(2011)
Presented at the Maryland Criminal Defense Attorney’s Association seminar “7th Annual Advanced DUI Seminar”(2011)
Presented at the TCDLA “DWI Defense Project-DWI Science: What You Must Know to Win!” (2011)
Presented at a national webinar “The Scientific Truth About Hospital Blood: Enzymatic-based assay”(2011)
Presented at the NCDD/TCDLA seminar “Mastering Scientific Evidence”(2011)
Presented at the American Chemical Society Spring 2011 National Meeting & Exposition “False Convictions and Bad Pharmacology: The Danger of the Drug Recognition “Expert” Protocol in Driving Under the Influence of Drug Prosecutions: A call for meaningful validation” and 2nd presentation with a poster session: “False Accusation the Issues of Residual Mouth Alcohol, and the Non-specificity and Non-selectivity of Roadside Portable Breath Testing devices that use ElectroChemical-based Detectors”(2011)
Instructed at the OACDL bonus seminar “Gas Chromatography-Mass Spectrometry, Integration, and Metrology”(2011)
Instructed at the Ohio Association of Criminal Defense Lawyers 2011 Ohio Advanced DUI seminar(2011)
Instructed at the TCDLA “Masters of Cross Examination Seminar” along faculty which includes Racehorse Haynes, Dick DeGuerin, Gerry Goldstein, Kent Shaefer, Greg Westfall, Vivian King, Scrappy Holmes, Terry MacCarthy and Dan Cogdell(2011)
Presented at the 63rd American Academy of Forensic Science Annual meeting-Chicago, Illinois a talk entitled “E23: Gastroesophageal Reflux in BrAC Measurements”(2011)
Instructed at a national webinar “The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines”(2011)
Instructed at the North Carolina Advocates for Justice “New and Creative Ideas for Winning DWI Trials” a talk entitled “The Science of DWI: Three Never Fail principles of cross-examining any “expert” on science or Paul Glover”(2011)
Presented as a special guest lecturer at the Methodist University in North Carolina a talk entitled “The Criminal Defense Lawyer Is Not the Enemy of Good Forensic Science… The District Attorney May Be”(2011)
Instructed at a national webinar “The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines”(2011)
Instructed at the South Carolina Association of Criminal Defense Lawyers “The Third Annual Reese Joye Memorial DUI Defense Seminar” (2010)
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 for private in-house training for Trichter & Murphy. PC entitled “How an Analytical Chemist Can be the Accused’s Best Friend Lessons 1-5” (2010)
Instructed at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (2010)
Instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (2010)
Instructed at the Alabama Criminal Defense Lawyer’s annual “Advanced DUI Topics” seminar on Blood, Urine and other analytical chemistry topics (2010)
Co-instructed
“Just Because You are an Expert…Doesn’t Make You Interesting” small
group work shop seminar with Dr. Paul Homoly, CSP (2010)
Instructed at the California Association for Criminal Justice annual “Rules of the Road Seminar”-Palm Springs, CA (2010)
Attended and instructed 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” (2010)
Attended and instructed at the Platt and Associates seminar
entitled “An Overview of the NHTSA/IACP Drug Recognition and Evaluation
Course” 2 blocks of instruction “In the Defense of the Officer:
Epistemology” and “An Introduction to Gas Chromatography: How an
Analytical Chemist Can Be Your Best Friend” (2010)
Instructed at the Lorman Education Services teleconference
“Pennsylvania DUI Case Law Update: A Massive Paradigm Shift-The Post
Melendez-Diaz and Post-Chase World” (2010)
Instructed at the IDS Consulting Inc’s seminar “Behind the
Secrets of Highway Drug Interdiction” (2010)
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.
Co-authored an amicus curiae brief to the Supreme Court of the United States on behalf of the National Association of Criminal Defense Lawyers and the National College for DUI Defense, Inc.
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. Most recently in Commonwealth v. Barton-Martin (— A.2d —-, 2010 PA Super 163, certiorari denied), he fundamentally changed the way that the prosecution must present all forensic evidence in the Courtroom.
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.
Personal inscription of Medicolegal Aspects of Alcohol from expert A.W. Jones
Personal inscription of Medicolegal Aspects of Alcohol from expert A.W. Jones
Personal inscription of The DUI Book from William Bubba Head
Personal inscription of The Changing Face of DUI Practice by Ed Fitzgerald
DUI Equipment
BAC National Patent Analytical DataMaster and Intoxilyzer SD-2
Intoxilyzer 5000EN and Pre-Arrest Breath Test (SD-2)
Guth Laboratories Breath Test Simulator
Intoxilyzer SD-5
Intoximeters FST
Gas Chromatograph/Mass Spectrometer
Other Credits
With legendary criminal defense lawyer F. Lee Bailey
At the AAFS Toxicology Poster Presentation
At the 62nd Annual AAFS meeting
At the 2010 ACS National Meeting
Poster at the 2010 ACS Natonal Meeting
With Staubus at 2010 ACS National Meeting
With Axion Forensic GC Course - May 2010
Presenting a case study at the 2009 Forensic Blood & Urine Seminar in San Diego
Presenting at the 2009 NHTSA/IACP DRE Conference
Instructing at a national DUI conference
with Dr. A.W. Jones
with nationally recognized DUI expert attorney fellow of the NCDD and author Victor Carmody at the NCDD Winter Session
with Edward Fitzgerald, Esq. - Attorney/consult to attorneys in all Intoxication evidence matters
with William Bubba Head - the nation’s premiere DUI and Criminal Defense Litigator
With Daryl Hunt, DNA exoneree from the documentary The Trails of Daryl Hunt
with Dr. A.W. Jones
with nationally recognized DUI expert attorney and author Bruce Kapsack at Harvard Law School
With CCN/CBS news analyst Lisa Bloom
with Patrick McGuiness, Esq. - famous murder and death penalty litigating attorney made famous, in part, with the Oscar winning documentary-Murder on a Sunday Morning
with Ron Moore, B.Sc, JD - former head of the Orange County Crime Lab - one of the nation’s foremost experts in forensic science
with nationally recognized DUI expert attorney and author James Nesci at Harvard Law School
with nationally recognized DUI expert attorney and Fellow for the NCDD Barry Simons at Harvard Law School
with internationally recognized DUI expert attorney, fellow of the NCDD and author Lawrence Taylor at Harvard Law School
with Dr. Frederic Whitehurst, Esq. PhD - forensic scientist and patriot who blew the whistle on unacceptable science at the FBI
Atlanta’s top DUI attorney, William “Bubba” Head, endorses Justin McShane:
Michigan’s top DUI attorney, Patrick Barone, endorses Justin McShane:
Attorney McShane was personable, professional and owned the courtroom. I felt like th judge respected him and knew that he was well prepared and his facts accurate.
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.
It was a scary situation to be fresh out of college, getting limited job offers and to make a mistake that could possibly result in a 2nd DUI, but Justin was always straight forward with me, gave me the good and the bad and in the end achieved exactly what I had asked of him.
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.
Counsel [McShane] is known to the Court as a zealous advocate for his clients, meticulous in his creation of a record for appellate review, and dogged in his pursuit of any issue which could accrue to the benefit of his client. In his usual fashion, attorney McShane meticulously created a record of the encounter between the two, and citing the applicable law argued for dismissal of the juror. [Attorney McShane engaged in] the effective, tactical cross examination of the witness and the investigating officers.
A judge of the Franklin County Court of Common Pleas
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.
Bullcoming v. New Mexico: Appeal to the Supreme Court of the United States
Co-authored with Leonard Stamm, Esquire and Ron Moore, Esquire, the successful joint National College for DUI Defense, Inc. and National Association of Criminal Defense Lawyers’ amicus curiae brief to the Supreme Court of the United States in the case of Bullcoming v. New Mexico 09-10876. On June 23, 2011, the Supreme Court of the United States sided with Bullcoming and the amicus brief issuing a sweeping opinion that affirmed the arguments presented by Bullcoming and amici counsel creating The Particular Witness Rule.
Commonwealth v. Zerphey: Total acquittal of DUI charges in PA Superior Court
Commonwealth v. Zerphey (936 MDA 2009) After Mr. Zerphey was originally charged with a violation of section 3802(a)(1) (being incapable of safe driving) and 3802(c) (DUI Highest Rate with BAC over 0.16), Mr. Zerphey was found not guilty at trial as to the incapable of safe driving count, but guilty as to the lesser charge of DUI high Rate (BAC greater than 0.10 but less than 0.16). At trial Attorney McShane argued that the testing method of the Good Samaritan Hospital did not result in a whole blood BAC expression. Pennsylvania law requires that the BAC be an expression of whole blood. Post-sentencing motions were denied by the trial court. The panel of Justice at the Superior Court agreed with Attorney McShane’s original contention that scientifically and factually the result that produced by the Good Samaritan Hospital is not that of whole blood and that no conversion factor was introduced as required. As a result, the Superior Court overturned the conviction. Mr. Zerphey was totally acquitted of all charges.
Commonwealth v. Longenecker: DUI charges overturned by trial court after conviction by successful challenge of hospital non-whole blood testing
Commonwealth v. Longenecker (PDF) After a finding of guilt as to the DUI per se charge of having a BAC above 0.16, the lawyers at the McShane Firm argued in a post-sentencing motion that the evidence was legally insufficient to sustain a conviction as to this most serious count of DUI. The trial court agreed and overturned the conviction. In doing so the trial court evaluated the Blood Alcohol Content (BAC) testing used in Lebanon County and held that the BAC testing that is used in is an indirect enzymatic test of the supernate. It is not a test of an accused’s whole blood. When the non-whole blood is tested, the scientific community acknowledges that the result is not only inaccurate but inflated and over-reported as was argued in court. Pennsylvania DUI law requires that there be a BAC based upon whole blood, not what was tested by Good Samaritan Hospital. This type of scientific-based challenge has been advanced before with success leading the WellSpan-related and later the Geisenger-related hospitals to stop offering testing in their hospitals for police prosecution. On November 12, 2009, the hospitals issued a press release announcing this. The Superior Court of Pennsylvania, who evaluates trial court decisions, has repeatedly found this method to be insufficient as a matter of law. (A recent unpublished opinion and a published one- Commonwealth v. Renninger, 682 A.2d 356 (Pa. Super. 1996)) For greater information, you are referred to The McShane Firm’s Pennsylvania DUI Law Blog.
Commonwealth v. Lutz: DUI charge dismissed by successful challenge of whole blood testing
Commonwealth v. Lutz (PDF) At trial the District Attorney’s Office presented the lab technologist from the Good Samaritan Hospital (GHS) who performed chemical testing on Mr. Lutz’s blood. The GHS staff reported the results as a whole blood result. After skillful cross-examination, the Attorneys of the McShane Firm exposed this assertion that it was a whole blood result as being inaccurate. Under Pennsylvania law in order for there to be a conviction, an accused’s Blood Alcohol Content must be expressed in terms of whole blood. A Motion for Judgment of Acquittal was made and granted by the trial court resulting in the per se DUI count being dismissed.
Commonwealth v. Jennifer Barton Martin: DUI Conviction Overturned
Commonwealth v. Jennifer Barton Martin (— A.2d —-, 2010 PA Super 163) The Superior Court of Pennsylvania, a three judge panel with no dissenting opinions held that the Supreme Court of the United States opinion in Melendez Diaz applied even though the accused subpoenaed the technologist and the phlebotomist presenting both in our case-in-chief. The clear ruling states the following:
Melendez Diaz is retroactively applied.
Under Federal Constitutional Confrontation Clause rights, the Commonwealth during its case-in-chief must call the analyst. It expressly overruled Carter and Kravontka which were our state¹s previous precedent.
Failure to do #2 even if the defense in its case calls the analyst, does not cure Confrontation violation.
A result is not a new trial, but vacating of the conviction with jeopardy.
The Court ruled as follows: ³Because the Commonwealth did not summon at trial the analyst who prepared Appellant¹s lab report, we conclude that Appellant¹s rights under the Confrontation Clause were violated and that the lab report showing her blood-alcohol content was inadmissible. Without that evidence, Appellant¹s conviction under § 3802(c) cannot stand and we therefore vacate her judgment of sentence as to that offense.²
Commonwealth v. Angel Valle-Valez: Clarification on Spousal Privilege
Commonwealth v. Angel Valle-Valez (995 A.2d 1264, 2010 PA Super 99) The Superior Court of Pennsylvania held as a matter of first impression, spousal privilege applied to testimony of defendant’s wife, even though the couple had separated, no longer held themselves out to be married, and had filed for divorce, and spousal privilege is not limited to confidential communications. Defendant was the ³lawful spouse² of his estranged wife, for purposes of spousal privilege, even though defendant and his wife had separated, no longer held themselves out to be married, and had filed for divorce, and defendant’s wife had become engaged to another man; filing of divorce complaint did nothing to affect the marriage under the law absent entry of divorce decree, and plain statutory language would not be disregarded in pursuit of the spirit of the privilege. A spouse does not waive the spousal privilege by sharing the nature of the information with third parties. Where the spousal privilege applies, the witness may refuse to testify and may not be compelled to take the stand. Spousal privilege is not limited to confidential communications.
Commonwealth v. Christina Houtz: Overturned an Unreasonable Probation Condition
Commonwealth v. Christina Houtz (982 A.2d 537; 2009 PA Super 186) The Superior Court of Pennsylvania held that in a sex offender case that a blanket probation condition that prohibited defendant from possessing or having access to a computer, or otherwise accessing the Internet, was unduly restrictive and unreasonable, in prosecution for corruption of a minor and indecent assault; there was no evidence that defendant’s offense was facilitated by or incorporated the use of a computer or the internet.
Commonwealth v. Justin Tobery: Insufficient Probable Cause to Arrest for a DUI
Commonwealth v. Justin Tobery (908 MDA 2009) The Superior Court of Pennsylvania held that a two vehicle accident involving serious bodily injury of the other motorist on an icy road where the officer noticed an odor of alcohol alone with no other indicia of intoxication present was insufficient probable cause to arrest for a DUI.
Commonwealth v. Darius Jeffries
Commonwealth v. Darius Jeffries (579 Pa. 539, 857 A.2d 671) the Pennsylvania Supreme Court granted allocator for argument in this case.
Commonwealth of Pennsylvania vs. Shawn Seif: Appellate Court Overruled the Lower Court’s Criminal Conviction
Commonwealth of Pennsylvania vs. Shawn Seif: (1265 MDA 2002): Shawn Seif was charged with Resisting Arrest, Disorderly Conduct and Obstruction of Justice. Factually, he lived in a multi-unit apartment complex with a locked front door. The police received a 911 hang-up call from a alleged domestic assault involving a unit other than Mr. Seif’s. The police arrived at the locked front door and commanded that Seif open it. Seif denied them entry. He was arrested. Despite our best efforts both in pretrial motions and during trial, all pretrial motions to dismissed were denied and he was convicted by a Jury of all charges. Upon appeal, in an unpublished opinion of a panel of the Superior Court of Pennsylvania, the conviction was overturned and the case was discharged. The panel of the Superior Court agreed with Attorney McShane’s original position that the charges were not proper to begin with- in that: (1) the private common room hallway where the alleged Disorderly Conduct occurred was not a public place which is an essential element to support a Disorderly Conduct charge; (2) failing to open a door upon a police command is not an affirmative act as is necessary to sustain a conviction for Obstruction of Justice charge; and (3) a refusal to turn around and put his hands behind his back was not Resisting Arrest.
Commonwealth v. Tamika Jones: Substantial Change to Pennsylvania Law with Respect to Anonymous Tipsters
Commonwealth v. Tamika Jones (845 A.2d 821, 2004 PA Super 28) The Superior Court of Pennsylvania held that knowledge on part of police officer who stopped defendant’s vehicle, that an individual had complained that a vehicle matching the description of defendant’s vehicle and license plate number was involved in ³drug activity,² was insufficient to serve as basis for a reasonable suspicion of criminal activity; officer did not observe any conduct by defendant that would corroborate tip provided to dispatcher, and tipster did not provide any information about individuals allegedly involved in ³drug activity² or specify what the ³activity² was. Allowing Commonwealth to call as witness the informant whose tip led to stop of defendant’s vehicle would not have satisfied Commonwealth’s burden, in opposing motion to suppress evidence obtained during that stop, of establishing existence of reasonable suspicion; defendant did not contest the content of information provided, but rather whether the information itself was sufficient to serve as basis for reasonable suspicion.
Commonwealth of Pennsylvania v. Michaels
This case involved a Petition to Compel the Commonwealth to provide a duplicate copy of a computer hard drive for expert analysis in a child pornography case. Under Federal Law, a duplicate copy of the hard drive will only be provided to an expert to view in the government’s facility. This greatly restricts the expert’s ability to perform a comprehensive analysis of the hard drive because the expert is not able to bring his full reference library and all of his equipment. Additionally, it forces the expert to work with unfamiliar systems. The Court held that Federal Law did not supercede the Pennsylvania Discovery Rules and therefore issued a protective order for our expert to receive the mirror image hard drive and perform comprehensive analysis. This provides the Defendant with the opportunity to fully address the alleged evidence against him.
Police received a dispatch from an individual at a movie theater who stated that they saw the Defendant fall over and that there was a bottle of wine under the seat. The caller then followed the Defendant to his vehicle and stated that he appeared intoxicated. The caller then provided the police with the Defendant’s license plate number and make and model of vehicle. Police identified the vehicle and began to follow it. While the police were following the vehicle, the vehicle was observed traveling below the speed limit and touched the yellow line. The Officer candidly testified that she did not witness a violation of the motor vehicle code or driving that would cause her to pull the vehicle over. I was successful in arguing that the police officer did not have reasonable suspicion to stop the Defendant’s vehicle and therefore all evidence acquired after the stop was inadmissible. Specifically, the Caller identity was never disclosed and therefore his tip had to corroborated by the Officer following the vehicle. The Court held that the Officer did not have sufficient independent observations to corroborate the tip and that the stop was not valid.
The Defendant was accused of Driving Under the Influence. An Officer followed the Defendant’s vehicle and observed the vehicle leave its lane of travel on several occasions. The Officer than performed a traffic stop and had the Defendant perform standard field sobriety tests. The Defendant was then taken Gettysburg Hospital for a blood test. The Gettysburg Hospital blood test stated that the Defendant’s Blood Alcohol Concentration was .231%.
At trial, a Jury convicted the Defendant of DUI with a blood alcohol content of above .16%. However, we were able to successfully appeal this verdict and the trial court awarded a new trial. Specifically, the Trial Court held that the weight of the evidence did not support the blood alcohol result.
After observing the Defendant’s vehicle on two (2) separate occasions, and for a total of a mile to a mile and a half, Trooper Finkbiner effectuated a stop. His alleged basis for doing so was that he observed the vehicle cross the white fog line and the dotted white line separating the two lanes of travel by a tire’s width for a matter of seconds each time. “Under the totality of the circumstances, the Court finds that Trooper Finkbiner did not have reasonable suspicion that the Defendant was in violation of the vehicle code, therefore not having the requisite cause to make a stop.
Have a question for Justin J. McShane? Use the form below to send him an email. Attorney McShane prides himself on returning all phone calls and emails promptly.
Attorney Dorward had my cases of DUI completely dismissed and saved my CDL license.
- JR- CDL DUI Dismissed
I was treated with respect. Not only by Attorney Barrouk, but by all staff I interacted with. I was kept informed and all options [were] thoroughly discussed with me. [Attorney Barrouk] fought to get the best resolution of my case. I did not feel he was “just going through the motions.”
- DM, Harrisburg
Justin McShane is a hard-working, zealous, unrelenting advocate for his clients. The amount of knowledge Justin has acquired on the topic of DUI defense matters is vast, including an enviable amount of scientific literature that knows how to put to use. Very few lawyers in the country have acquired the skill and knowledge necessary to successfully navigate the toughest of DUI matters, but Justin is certainly one of them, and constantly strives to be a better advocate for his clients every day. I highly recommend Justin to anyone who wants the chance to hear those two sweet words – “Not Guilty!”
- Attorney Steven Fagan, Principal Partner, Fagan, Fagan & Davis
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