McShane Resume


JUSTIN JAMES McSHANE, Esquire,
F-AIC, F-AAFS

Chairman/CEO


Summary of Qualifications: Attorney McShane is a trial attorney who specializes in using forensic science in defending citizens amongst us who have been accused of a crime 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 earned the American Chemical Society-Chemistry and the Law Division (ACS-CHAL) designation as Forensic Lawyer Scientist (The first attorney in the United States to be designated as such). He has earned Board Certification both in DUI Defense Law by the National College for DUI Defense (NCDD) (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 Sustaining Member, and was the State Delegate National Coordinator with the NCDD. He is the 2012 NCDD Dean’s Award recipient. He received the 2012 Pennsylvania Association for Drunk Driving Defense Attorneys (PADDDA) Outstanding Achievement Award. He is a charter member of DUI Defense Lawyers Association (DUIDLA). He was the Founding Treasurer of the Board of Trustees for the DUI Defense Lawyers Association Justice Foundation (DUIDLAJF). He was named to the faculty of the Indiana University Center for Studies of Law in Action Borkenstein Drug Course in 2014 until 2019. He has been accepted as a non-retained expert witness in federal court (the Middle District of Pennsylvania) as an expert in DUI investigation and defense as well as in the Standardized Field Sobriety Tests and chemical testing.

He is a frequent invited guest lecturer at international, national, state and local seminars that are attended by prosecutors, police, investigators, lawyers, judges, academics, scientists, machine manufacturers, and policy-makers. He has lectured at the American Chemical Society (ACS) National meeting nine times and has presented four times at the 2011, 2012, 2013, 2014, and 2015 American Academy for Forensic Science (AAFS) national meetings. He was named a Fellow with both the American Institute of Chemists (AIC) and the AAFS. The ACS has named him a Senior Assistant Chromatography Instructor. He serves as the co-chairman of the Forensic Science section of the ACS-Chemistry and the Law (CHAL) Division, and was the Chairman of the CHAL division. He has been selected annually as a SuperLawyer. He is the Chairman/CEO of The McShane Firm, LLC, an eight attorney criminal defense and DUI law firm. He maintains three blogs: The Truth About Forensic Science, PA DUI Law Blog and PennLAGO.

Attorney McShane is a trial attorney who protects Federal Firearm Licensees (FFLs) who are subject to BAFTE Industry Operations (IO) auditing or actions as well as BAFTE Criminal Enforcement actions. He also protects law-abiding citizens investigated or accused of crime by the government. He isn’t some attorney who is just book smart. Attorney Justin McShane owns Colonial Combat Sports Club (CCSC). CCSC is an officially recognized USA Boxing gym (complete with a 16 foot official competition ring), martial arts studio, Muay Thai and metabolic conditioning center (with a full complement of Olympic/Powerlifting apparatus as well as free weights and cardio equipment). He has competed as an amateur Muay Thai fighter (open age group, 172.2 pound weight class, modified/K1 Glory rules). He has now turned all of his attention to competing as an official amateur Master (under 45 years old) 165 pound USA Boxing boxer. He has his yellow book (official Masters USA Boxing athlete), his red book (official USA Boxing coach’s certification) including SafeSport certification and has applied for his blue book (official USA Boxing Officials designation) as a Level One official.

  • Earned the American Chemical Society-Chemistry and the Law Division designation as Forensic Lawyer Scientist (The first attorney in the United States to be designated as such) (2014)
  • 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)
  • Earned Certification in Forensic Sobriety Assessment (2010-present)
  • Designated Fellow with the American Institute of Chemists (AIC) (December 8, 2010)

  • Admitted to the Bar of the United States Supreme Court (2004)
  • Admitted Pro Hace Vice to the California Bar (2003-4), the Florida Bar (2011-2) and the Georgia Bar (2013)
  • Admitted to the United States Third Circuit Court of Appeals (June 25, 2003)
  • Admitted to the United States Third Circuit-Middle District (August 12, 2003)
  • Admitted to practice law in Pennsylvania by the Pennsylvania Supreme Court (November 16, 2001)
  • Admitted to practice law as a certified legal intern (1999-2001)

  • Fellow, the American Institute of Chemists (AIC) (2010-present)
  • Fellow, American Academy of Forensic Science (AAFS)-Jurisprudence Section (member number: 133560)
  • 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)(Chairman of the Chemistry and the Law Division)
  • Member, Central PA Local Section of the American Chemical Society (2009-present)
  • Associate Member and Lifetime Member (associate member status strictly due to geographical restrictions on membership) of the Society for Analytical Chemists of Pittsburgh (SACP) (2010 until present)
  • Member, National Fire Protection Association (NFPA) (2010 until present)
  • Member, The Chromatography Forum of Delaware Valley (2010 until present)
  • Voting 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)
  • Member, American Society for Quality (ASQ): Measurement Quality and Statistics (Member number: 64116307) (2010 until present)
  • Voting Member, Advisory Committee for the Evaluation of Controlled Substance Analogs (ACECSA) (2013 to present)

  • Named to the Pennsylvania Bar Association Review & Certifying Board Committee to help evaluate The National Board of Legal Specialty Certification for recertification in Criminal Trial Advocacy test (2013)
  • Named to the “2013 Lawyers on the Fast Track” The Legal Intelligencer
  • Named to the National College for DUI Defense Faculty (2013-2016)
  • Named to The National Trial Lawyers Top 100 List (2013)
  • Conferred the 2012 Pennsylvania Association for Drunk Driving Defense Attorney’s Outstanding Achievement Award (2012)
  • Conferred the 2012 National College for DUI Defense Dean’s Award by Dean George Stein at the Summer Session held at the Harvard School of Law in Cambridge, MA (2012)
  • Conferred a Certificate of Appreciation by the National College for DUI Defense for helping to co-lead small group breakout sessions at the Summer Session held at the Harvard School of Law in Cambridge, MA (2012)
  • Conferred by the NCDD 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. State Delegate National Coordinator (2014)
  • National College for DUI Defense, Inc.-Region 3 Regional Coordinator (2010-2013)
  • Chair Elect of the American Chemical Society-Chemistry and the Law Division (2014-present)
  • Co-chairman of the Forensic Science section of the American Chemical Society-Chemistry and the Law Division (2010-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 (2010-2013)
  • Avvo.com 10.0 rated attorney(2009-present)
  • AV rated attorney by Martindale-Hubble(2011-present)
  • SuperLawyers Rising Stars in Criminal Defense: DUI(2011, 2012, 2013)
  • SuperLawyer in Criminal Defense/DUI: DUI (2014, 2015, 2016, 2017, 2018, 2019)
  • Jury service: 2003 selected for a jury and served as foreman and in 2008 was called again
  • Dean’s List (at Franklin and Marshall College) – earned during every semester in college
  • Marshall Scholar (1994-1998) – the highest academic scholarship at Franklin and Marshall College
  • Eagle Scout – conferred in September of 1991

  • Life Member, National Rifle Association Member Number 214778856(2015 until present)
  • Individual Supporter, National Shooting Sports Foundation- Member ID# 103422(2016 until present)
  • US Law Shield
  • US Law Shield of Pennsylvania
  • Sonoran Desert Institute-Advisory Board

I have been an invited lecturer to the following organizations:

  • National Association for Criminal Defense Lawyers
  • National College for DUI Defense
  • Alabama Criminal Defense Lawyers Association
  • American Academy of Forensic Science
  • American Chemical Society
  • Association Québecoise des Avocats et Avocates de la Defense (Montreal, Canada)
  • Arcadia College (Glenside, PA)
  • Axion Analytical Laboratories (Chicago, IL)
  • Bureau of Alcohol, Tobacco, and Firearms (Lewistown, PA)
  • California Attorneys for Criminal Justice
  • California Public Defenders Association
  • Colorado Criminal Defense Bar
  • Connecticut State Public Defenders Conference
  • Fredric Rieders Family Renaissance Foundation (Glenside, PA)
  • Georgia Association of Criminal Defense Attorneys
  • Harris County Public Defenders (Houston, TX)
  • Indiana University Center for Studies of Law in Action
  • IDS Consulting, Inc. (Alpheretta, GA)
  • Impaired Driving Specialists (Alpheretta, GA)
  • Institute of Continuing Legal Education in Georgia
  • Kansas Association of Criminal Defense Lawyers
  • Lebanon County Public Defender’s Office (Lebanon County, PA)
  • Lions Club of Pennsylvania (Harrisburg, PA)
  • Lorman Education Services (Harrisburg, PA)
  • Lyons & Lyons Co., LPA (Key West, FL)
  • Maryland Criminal Defense Attorney’s Association
  • Methodist University (Fayetteville, NC)
  • Michigan Association of OWI Attorneys
  • Missouri Meeting and Conference of Probate and Associate Circuit Judges and the Missouri State Judges conference (Lake of the Ozarks, MO)
  • National Judges Association (Tulsa, OK)
  • Nebraska Criminal Defense Attorneys
  • North Carolina Advocates for Justice
  • Numerous national webinars
  • Ohio Association of Criminal Defense Lawyers
  • Pennsylvania Association for Criminal Defense Lawyers
  • Pennsylvania Association for Drunk Driving Defense Attorneys
  • Pennsylvania District Attorney Association
  • Pennsylvania DUI Association
  • Platt & Associates (San Antonio, TX)
  • South Carolina Association of Criminal Defense Lawyers
  • South Central Pennsylvania Regional DUI Task Force
  • Tennessee Association of Criminal Defense Lawyers
  • Thomson-West
  • Texas Criminal Defense Lawyers Association
  • US Law Shield
  • Utah Association of Criminal Defense Lawyers

Annual

  • Attended PACDL/PDA’s Annual Joint seminar on Criminal Law-including Death Penalty Training (2001-present) (16 hours of training each year)
  • Attended Pennsylvania Bar Institute’s (PBI)-Annual Criminal Law Symposium-including Death Penalty Training (2001-present) (16 hours of training each year)

 

2018 – Total Hours of Training/Instructing = 234 hours with 106 hours of instruction
March
  • Attended “Tactical Emergency Casualty Care” held at Harrisburg Community College (16 hours of training)(Harrisburg, PA)
  • Attended Kembativ’s Brand “Kembativz Pistol” taught by J. Kelly McCann (16 hours of training) (Harrisburg, PA)
June
  • 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 with lecturing) (Chicago, IL)
July
  • Attended and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
September
  • Attended and instructed at the American Chemical Society course “Driving Under the Influence of Drugs: Analytical Chemistry and Pharmacology” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
  • Attended and instructed at the 2018 Indiana University Center for Studies of Law in Action Borkenstein Course on the Effects of Drugs on Human Performance and Behavior (40 hours of training, 4 hour of lecturing) (Philadelphia, PA)
October
  • 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 with lecturing) (Chicago, IL)
December
  • Attended and co-hosted Kembativz’s Brand “Self-Defense: Theory and Practice” taught by J. Kelly McCann (16 hours of training)

2017 – Total Hours of Training/Instructing = 256 hours with 108 hours of instruction
February
  • Attend and instructed at the PACDL “DUI and Motor Vehicle CLE Summit for Criminal Defense Practitioners” (8 hours of training with 1 hour of instruction) (Hershey, PA)
April
  • Attend and instructed at the DUI Defense Lawyers Association (DUIDLA) national seminar (16 hours of training, 1 hour of lecturing)
June
  • Attend 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 Ioni-zation Detector and Mass Spectrometry and High Pressure Liquid Chromatography (a lecture laboratory course) XIX” (48 hours of training with lecturing) (Chicago, IL)
August
  • Attend and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis VI” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
September
  • Attend and instructed at the American Chemical Society course “Driving Under the In-fluence of Drugs: Analytical Chemistry and Pharmacology V” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
October
  • Attended and instructed at the 2017 Indiana University Center for Studies of Law in Action Borkenstein Course on the Effects of Drugs on Human Performance and Behavior (40 hours of training, 4 hour of lecturing) (Austin, TX)
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) XIX” (48 hours of training with lecturing) (Chicago, IL)
December
  • Attended Kembativ’s Brand “Introduction to Muay Thai” taught by J. Kelly McCann (16 hours of training) (Harrisburg, PA)

2016 – Total Hours of Training/Instructing to date= 270.25 training hours with 103 hours of lecturing
January
  • Attended and hosted the “Hands-On Intensive DNA For Lawyers” course held at Boise State with Dr. Greg Hampikian, PhD (24 hours of training) (Boise, ID)
February
  • Attended and received a certificate of completion for the Orchid Advisors “Course 101-Regulated Industry Orientation” (1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 102 – Firearm Types and Distribution” (1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 105-Retail Transactions and ATF Compliance” (1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 106-Retail Inspection Prep” (1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 110-NFA Deep Dive” (1.5 hours of training)
March
  • 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) XIV”(48 hours of training with lecturing) (Chicago, IL)
May
  • Attended the National Rifle Association Foundation 19th Annual National Firearms Law Seminar (8 hours of training) (Louisville, KY)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Silencers” (0.5 hours of training)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Any Other Weapons” (0.5 hours of training)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Destructive Devices” (0.5 hours of training)
June
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Short barreled Shotgun-Rifle and Weapons Made from Shotgun-Rifle” (0.75 hours of training)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Firearm Curios and Relics” (0.5 hours of training)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Firearm Mechanical Operation” (0.5 hours of training)
  • Attended and received a Certificate of Completion for the International Firearm Specialist Academy course entitled “Firearm Nomenclature” (0.5 hours of training)
  • Attended and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis V” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 103 – Creating and Managing the Compliance Function”(1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 104 – Firearm Physical Security Ideas”(1 hour of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 107 – Manufacturing Inspection Prep”(1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 108 – Federal and State Regulations”(1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 109 – Marking Requirements and the ATF Trace”(1.5 hours of training)
  • Attended and received a certificate of completion for the Orchid Advisors “Course 111 – Serialized Inventory Records”(1.5 hours of training)
August
  • Attended and instructed at the American Chemical Society course “Driving Under the Influence of Drugs: Analytical Chemistry and Pharmacology V” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
  • Attended and presented at the 252nd ACS National Meeting (3 hours) (Philadelphia, PA)
September
  • Attended and instructed at the 2016 Indiana University Center for Studies of Law in Action Borkenstein Course on the Effects of Drugs on Human Performance and Behavior (40 hours of training, 1 hour of lecturing) (Philadelphia, PA)
October
  • 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) XVIII” (48 hours of training with lecturing) (Chicago, IL)

2015 – Total Hours of Training/Instructing to date= 313 training hours with 205.3 hours of lecturing
January
  • 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) XIV” (48 hours of training with lecturing) (Chicago, IL)
February
  • Attended, instructed, and moderated at the 68th American Academy of Forensic Science Annual meeting. Attend dozens of Toxicology and Jurisprudence Section Oral Presentations; presented “The Validity of Enzymatic Assay for Blood Alcohol Content (BAC) Determinations;” attended and participated at the AAFS/SOFT joint meeting; moderated 2 hours of Science and the Law of Psychiatric Disorders in the Jurisprudence Section (40 hours of training, 0.3 hour of lecturing, 3 hours of moderating) (Orlando, FL)
March
  • Attended and instructed at the Fredric Rieders Family Renaissance Foundation seminar entitled “Confrontation: Bullcoming and Beyond”(4 hours of training with 0.5 hours of lecturing) (Wilmington, DE)
  • Attended and instructed at the Pennsylvania District Attorneys Association (PADDA) “Lunch-n-Learn Seminar series on Enzymatic versus Forensic Testing.” (1 hour of lecturing and 1 hour of instruction) (Harrisburg, PA)
April
  • Attended and instructed at the American Chemical Society course “Driving Under the Influence of Drugs: Analytical Chemistry and Pharmacology III” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
May
  • Attended and instructed at the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis V” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
June
  • 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) XV” (48 hours of training with lecturing) (Chicago, IL)
August
  • Attended and instructed at the American Chemical Society course “Driving Under the Influence of Drugs: Analytical Chemistry and Pharmacology III” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
September
  • Attended and instructed at the The South Central Pennsylvania Regional DUI Task Force and the Pennsylvania DUI Association’s “6th Annual DUI Law Enforcement Seminar” (8 hours of training with 1.5 hours of lecturing)
  • Attended and instructed at the 2015 Indiana University Center for Studies of Law in Action Borkenstein Course on the Effects of Drugs on Human Performance and Behavior (40 hours of training, 1 hour of lecturing) (Tempe, AZ)
October
  • Attended and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis VI” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
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) XVI” (48 hours of training with lecturing) (Chicago, IL)
December
  • 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) XVII” (48 hours of training with lecturing) (Chicago, IL)

2014 -Total Hours of Training/Instructing = 487.5 training hours with 199.8 hours of lecturing
January
  • Attended and instructed at the American Chemical Society course “Driving Under the Influence of Drugs: Analytical Chemistry and Pharmacology I” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
  • Hosted, attended and instructed at the Impaired Driving Specialist course “Standardized Field Sobriety Test Instructor” by Anthony Palacios (32 hours of training with 3 hours of lecturing) (Harrisburg, PA)
February
  • 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) XI” (48 hours of training with lecturing) (Chicago, IL)
  • Attended Agilent Technology’s webinar entitled “Forensic Blood Alcohol Analysis” by Dr. Roger Frior, PhD (.5 hours of training)
  • Attended and instructed and moderated at the 67th American Academy of Forensic Science Annual meeting. Attended dozens of Toxicology and Jurisprudence Section Oral Presen-tations as well as “Workshop #1: Designer Drug Detection in Forensic Toxicology: From Basic to Brilliant;” “Workshop #12: Root Cause Analysis: When Blaming the Analyst Completely Misses the Point;” presented “The Constitutionality of the Cold Case CODIS Hit and an Offender not on Probation or Parole” (40 hours of training, 0.3 hour of lecturing, 3 hours of moderating) (Seattle, WA)
March
  • Attended and instructed at the Ohio Association of Criminal Defense Lawyers 2014 Ohio Advanced DUI seminar (16 hours of training with 3 hours of lecturing) (Columbus, OH)
  • Attended and instructed at the American Chemical Society 247th National Meeting & Exposition a symposium (4 hours of moderating with 1 hour of lecturing) (Dallas, TX)
  • Attended and instructed at the NCDD/TCDLA seminar “Mastering Scientific Evidence” (24 hours of training with 1 hours of lecturing) (New Orleans, LA)
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (5 hours of training with 3 hours of lecturing) (Southampton, PA)
April
  • Attended and instructed at the 99th Annual Meeting and Conference of Probate and Asso-ciate Circuit Judges and the Missouri State Judges conference (8 hours of training, 2.5 hours of lecturing) (Lake of the Ozarks, MO)
  • Attended and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis IV” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
  • Attended and instructed at the North Carolina Advocates for Justice “Understanding Gas Chromatography and Blood Testing: Blood Testing in the Forensic World” (8 hours of training with 8 hours of lecturing)
June
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (New Castle, PA)
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Rochester, PA)
  • Attended and instructed at the American Chemical Society course “Driving Under the In-fluence of Drugs: Analytical Chemistry and Pharmacology II” by Dr. Jimmie Valentine, PhD and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
July
  • Attended and instructed the Quebec criminal defense attorneys and members of AQAAD (Association québecoise des avocats et avocates de la defense) on “Scientific defenses to evi-dentiary breath test results” (Montreal, Canada) (8 hours of training and lecturing)
  • Attended and hosted The 7th Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government “Learning at the Footsteps of the Master-Cross Examination by Terry MacCarthy IV” (20 hours of training) (Tulsa, OK)
August
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Harrisburg, PA)
  • attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Harrisburg, PA)
  • attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Allentown, PA)
September
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Bethlehem, PA)
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Warminister, PA)
  • Attended and instructed at the US Law Shield seminar “As a Legal Gun Owner, What Are My Rights?” (4 hours of training with 3 hours of lecturing) (Harrisburg, PA)
  • Attended and instructed at the 2014 Indiana University Center for Studies of Law in Action Borkenstein Course on the Effects of Drugs on Human Performance and Behavior (40 hours of training, 1 hour of lecturing) (Philadelphia, PA)
October
  • 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) XII” (48 hours of training with lecturing) (Chicago, IL)
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) XIII” (48 hours of training with lecturing) (Chicago, IL)
December
  • Attended and instructed the American Chemical Society “Solid Drug Pre-consumption Form Forensic Analysis IV” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)

2013-Total Hours of Training/Instructing= 437 training hours with 167.5 hours of lecturing
January
  • Attended and hosted the American Chemical Society “Forensic Drug Analysis Course” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training with 3 hours of lecturing) (Chicago, IL)
February
  • Hosted and instructed the Pennsylvania Association for Criminal Defense Lawyers webinar “Introductory to Evidentiary Breath Testing and Scientific Challenges” (1.5 hours of training with 1.5 hours of lecturing)
  • Attended and instructed at the 66th American Academy of Forensic Science Annual meeting. Co-chaired Scientific Workshop #14 “Melendez-Diaz, Bullcoming, and Williams: Scientific Evidence and the Right to Confrontation” and presented “The Defense Perspective” at the workshop. Presented “EPA, GLP, and USP vs. Forensic Science: Where is the Commutability? Why Are There no Standardized Methods Across All of Forensic Science?” Attended many oral presentations. (40 hours of training, 4 hours of co-chairing a workshop, 1 hour of lecturing) (Washington, DC)
March
  • Instructed at training for the Lebanon County Public Defender’s Office a workshop called “Enzymatic Assay: The non-forensic method of BAC determination” (2 hours of training with 2 hours of instructing) (Lebanon, PA)
  • Attended and instructed at the NCDD/TCDLA seminar “Mastering Scientific Evidence”(24 hours of training with 1.5 hours of lecturing) (New Orleans, LA)
April
  • Attended and instructed at the American Chemical Society 245th National Meeting & Exposition a symposium entitled “The Importance and Evidentiary Ramifications of Reducing Error in Forensic Analytical Chemistry: Metrology in the Courtroom” and a lecture entitled “The Traditional Landscape of Measurement Science in the Courtroom: Qualitative Measurement Uncertainty- The Myth of Infinite Precision and Total Accuracy” (40 hours of training with 4 hours of lecturing) (New Orleans, LA)
  • Attended and passed the proficiency testing resulting in a certificate from the Quest Diagnostic Laboratory’s online training entitled “Oral-Eze® Oral Fluid Drug Testing Training”(0.5 hours 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 with lecturing) (Chicago, IL)
May
  • Instructed at the Pennsylvania Bar Institute’s Webinar entitled “The Linear Dynamic Range Challenge: The myth of calibration in breath testing machines” (1.5 hours of training with 1.5 hours of lecturing)
  • Attended and instructed at the American Chemical Society “Forensic Drug Analysis Course” by Heather Harris, MFS and Dr. Lee Polite, BA, MBA, PhD (24 hours of training and lecturing) (Chicago, IL)
  • Attended LC/GC’s ChromAcademy webinar entitled “LC-MS Professional Development Webcast-What Your Method Says About You” by Tony Taylor and Dr. Tony Taylor, PhD (1 hour of training)May- instructed at PBI’s webinar entitled “What’s Wrong With Evidentiary Breath Testing”(1 hour of training and 1 hour of instruction)
  • instructed at PBI’s webinar entitled “What’s Wrong With Evidentiary Breath Testing” (1 hour of training and 1 hour of instruction)
  • Attended LC/GC’s ChromAcademy webinar entitled “Essential Guide: GC-MS/MS Analysis-What you need to know!” by Dr. Peter Tranchida and Josep Miqual Serret (1 hour of training)
June
  • Attended the West Virginia University webinar entitled “An Overview on Trace Evidence: The Compelling Contribution of Microscopic Clues for Associative and Reconstructive Purpose” by Dr. Patrick Buzzini (2.5 hours of training)
July
  • Instructed a webinar produced by the joint West Legal Edcenter and NACDL entitled “Gas Chromatography for EtOH in DUI cases” (1 hour of training and instructing)
  • Attended and instructed at the NCDD Summer Session hosted at Harvard Law School (16 hours of training) (3 hours of co-instructing) (Cambridge, MA)
August
  • Attended and instructed at the Tennessee Association of Criminal Defense Lawyers “Annual Criminal Defense Seminar” (24 hours of training with 1.5 hours of lecturing) (Knoxville, TN)
  • 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)” (16 hours of training) (48 hours of training with lecturing) (Chicago, IL)
  • Attended and instructed at the Pennsylvania Association for Drunk Driving Defense Attorneys Public Defender Training Institute “Standardized Field Sobriety Test Overview) with Anthony Palacios (1 hour of training and instructing)
September
  • Attended and instructed at the 1st Annual Michigan OWI Attorney’s DUI seminar 8 hours of training with 1.5 hours of lecturing) (Detroit, MI)
November
  • Will attended and instructed at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (16 hours of training with 3 hours of lectur-ing)
  • Attend and hosted the “Hands-On Intensive DNA For Lawyers” course held at Boise State with Dr. Greg Hampikian, PhD (16 hours of training) (24 hours of training) (Boise, ID)
December
  • Will attend and instruct at the Institute for Continuing Legal Education “Defense of Drinking Drivers Institute” (16 hours of training with 1.25 hours of lecturing)

2012-Total Hours of Training/Instructing= 639.5 hours including hours 204.55 hours of instructing
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) (Glenside, PA)
  • Attended and instructed at the NCDD Winter Session presenting a talk called “Why there is no Science in Evidentiary Breath Testing” (16 hours of training with 1.25 hours of lecturing) (Orlando, FL)
  • 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)
February
  • Attended and instructed 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) (Key West, FL)
  • Attended and presented at the 65th American Academy of Forensic Science Annual meeting. Attended many oral presentations and “Evening Session 1: The Casey Anthony Trial-From the Defense, Medical, and Scientific Viewpoint,” “Workshop #14: Using Pharmacokinetics 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 presented “State Crime Laboratories — Open or Closed to Criminal Defense Attorneys?” (40 hours of training with 0.3 hours of lecturing) (Atlanta, GA)
  • Attended and presented at the North Carolina Advocates for Justice “New and Creative Ideas for Winning DWI Trials” presented a talk entitled “Bullcoming and Confrontation: Now What?” (8 hours of training with 1 hour of lecturing)
March
  • 2 day short course at PittCon 2012 entitled “Headspace Analysis-Theory and Practice” presented by Dr. Michael Markelov, PhD and Dr. Olga Bershevits, PhD and one day short course “Analytical Metrology” presented by Jerry Messerman, PhD (40 hours of training) (Orlando, FL)
  • Attended and presented at the NCDD/TCDLA seminar “Mastering Scientific Evidence” presenting a talk called “Gas Chromatography with Mass Spectrometry for DUID cases” (8 hours of training with 2 hours of lecturing) (New Orleans, LA)
  • Attended and lectured at the NACDL & CACJ seminar “5th Annual Forensic Science Seminar” presenting a talk called “Pharmacology for Lawyers” (16 hours of training with 1.5 hours of lecturing) (Las Vegas, NV)
  • Attended and presented 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 moderated a full day session “Forensic Science, Chemistry, and the Law.” (40 hours of training, moderating 8 hours with 1 hour of lecturing with poster session presentation) (San Diego, CA)
April
  • Lectured at the Central Pennsylvania Paralegals Association Lunch and Learn Series a talk called “Modern Day Forensics in DUI cases” (1.5 hours of presenting)
  • Attended and lectured 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) (Chicago, IL)
May
  • Attended and lectured 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 hour of lecturing)
  • Attended and lectured at the TCDLA and Harris County, TX Public Defender’s seminar entitled “Understanding Blood Alcohol Testing: The Basics of Gas Chromatography” (8 hours of training with 5 hours of lecturing)
  • Attended and hosted 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) (Tulsa, OK)
  • Attended and instructed at the American Chemical Society professional scientist short course entitled “Practical Gas Chromatography” with Dr. Lee Polite, PhD held in conjunction with ChemSpec 2012 (16 hours of training with 2 hours of lecturing) (Philadelphia, PA)
  • Attended the Agilent webinar “The Challenges of Analytical Method Validation of Designer Drugs in Non-Biological Samples by GC/MS-20120515 1802-1” with Fran Diamond, PhD (105 hours of training)
  • Attended the Agilent webinar “Analysis of Volatile Organic Compounds in Biological Specimens using Headspace Sampling-20120229 2102-1” with H. Chip Walls, PhD (1 hour of training)
  • Attended the Agilent webinar “Targeted LC-QQQ MS Screening of Cathinone Derivatives and Other Designer Drugs in Serum-20120419 1803-1” with Madeleine Swortwood, Ph.D. Candidate (0.5 hours of training)
June
  • Attended and lectured 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 with 1.25 hours of lecturing)
  • Attended and lectured at the annual National Judges Association (NJA) meeting presenting a talk called “Gas Chromatography for Judges” (2 hours of lecturing) (Tulsa, OK)
  • Attended and lectured 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
  • Attended the Forensic Magazine webinar “Good Weighing Practice™ for Forensic Laboratories” with Jack Wallace, Dr. Klaus Fritsch and Stephen Wilent (2.5 hours of training)
  • Attended and lectured 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) (Chicago, IL)
  • Attended and lectured at the NCDD Summer Session held at the Harvard School of Law (16 hours of training, 1.75 hours of lecturing, with 3.5 hours of small group co-instructing) (Cambridge, MA)
August
  • Attended and lectured at the Colorado Criminal Defense Bar seminar “Headspace Gas Chromatography with Flame Ionization Detector for EtOH determinations” (12 hours of training with 9 hours of lecturing)
  • August-attended and organized a Presidential workshop entitled “Innocence: The work of Innocence Project” at the American Chemical Society 244th National Meeting & Exposition (40 hours of training with 4 hours of lecturing) (Philadelphia, PA)
September
  • Attended and lectured 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) (Chicago, IL)
  • Attended the Thermo Scientific webinar entitled “Forensic Analysis: FT-IR, Raman and GC-IR Within Minutes” by Mike Garry (0.5 hours of training)
  • Attended the George Mason University webinar entitled “Rapid DNA-The Evolution of Forensic DNA Analysis” by Dr. Joseph DiZinno, and Dr. Dennis Harris (1 hour of training)
  • Attended and hosted 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) Chicago, IL)
  • Hosted and lectured at The Pennsylvania Association for Drunk Driving Attorneys (PADDDA) 1st annual Public Defender Institute(8 hours of training with 1 hour of lecturing) (Philadelphia, PA)
  • Attended the ACS Department of Professional Education Sci-Mind webinar entitled “Sample Preparation for GC and HPLC: Solid Phase Extraction and Microextraction” by Dr. Nicholas Snow(1 hour of training)
October
  • Attended and lectured at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (16 hours of training with 4 hours of lecturing)
  • Attended the Forensic Magazine and Bruker sponsored webinar entitled “Trace Analysis by Infrared and Raman Spectroscopy” by Dr. Thomas J Tague, Jr. PhD and David Exline (1 hour of training)
  • Attended the LC/GC and Agilent Technologies sponsored webinar “Comprehensive Analysis of Wine-from test to taste” by Roberta Danzi (1 hour of training)
  • Attended the RTI International Forensic Science Education webinar entitled “Fundamentals of Immunoassay Testing Used in Toxicology” by Peter Stout, PhD, D-ABFT (1 hour of training)
November
  • Attended the Elsevier and Clincia Chimica Acta webinar “Measuring Designer Drugs of Abuse” by Alan H.B. Wu, PhD and Roy Gerona, PhD (1 hour of training)
  • Attended and lectured at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (16 hours of training with 8 hours of lecturing)
  • Attended the Josh Karton Communication Arts for the Professional Symposium (24 hours of training) (Denver, CO)
December
  • Attended and lectured at the Institute of Continuing Legal Education in Georgia’s Defense of Drinking Drivers Institute” (16 hours of training with 1.5 hours of lecturing)
  • Attended and hosted 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 V” (20 hours of training) (San Antonio, TX)

2011-Total Hours of Training/Instructing= 675 hours including 200.75 hours of instructing
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 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”(8 hours of training with 1.5 hours of lecturing)
  • Instructed 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) (Fayetteville, NC)
  • 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 instructed 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 lecturing) (Chicago, IL)
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 with faculty which included 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 instructed at the American Chemical Society 241st 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) (Anaheim, CA)
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 instructed at the NCDD/TCDLA seminar “Mastering Scientific Evidence”(24 hours of training with 1 hour of lecturing) (New Orleans, LA)
  • 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) (Chicago, IL)
  • Attended and instructed 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) (Collegeville, PA)
  • Attended and instructed at The California Public Defenders Association “Third Annual Two-Day DUI Defense Practice Institute”(14 hours of training, with 1 hour of lecturing)
  • 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 lecturing) (Chicago, IL)
  • 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(16 hours of training) (Cambridge, MA)
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) (Alpharetta, GA)
  • Attended, hosted a workshop, and lectured at the American Chemical Society 242nd National Meeting & Exposition 40 hours of training with 10 hours of lecturing with poster session presentation) (Denver, CO)
  • Attended the American Chemical Society Short Course entitled “Introduction to Modern Mass Spectrometry” (16 hours of training) (Denver, CO)
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 and 1 hour of lecturing) (Chicago, IL)
  • Attended the Restek training seminar entitled “Restek Comprehensive Capillary GC Seminar-Catalog #65851” (8 hours of training) (Pittsburgh, PA)
October
  • Attended and instructed at Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (16 hours of training with 5.5 hours of lecturing)
  • Attended and instructed at the OACDL seminar “Ohio Superstars” (8 hours of training with 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 lecturing) (Chicago, IL)
  • 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 lectured at the ATF-developed and Pennsylvania State Police Fire Marshall Unit produced “Arson for Prosecutors Class”(8 hours of training, 2 hours of instructing) (Lewistown, PA)
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 with 2 hours of lecturing)

Total Hours of Training/Instructing= 685.25 hours with 153.25 hours instructing
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)
  • Completed certification in Field Sobriety
    Assessment
    (16 hours of training)
  • Attended the NCDD Winter Session-sat for ABA/PBA Board Certification administered through the NCDD in the recognized specialization of DUI defense (12 hours of training and 8 hours of testing) (Fort Lauderdale, FL)
February
  • 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 Illinois Alcohol and Other Drug Abuse Professional Certification Association course by J. Randall Webber entitled “Driving Under the Influence: The effects of drugs other than alcohol” (2 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-lectured 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) (Harrisburg, PA)
  • 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 PACDL’s
    “For the Experienced Seminar”
    (9 hours of training) (Gettysburg, PA)
  • Attended the American Academy of Forensic Science Annual meeting [attended sessions including: Workshop #2: Tools for Controlling Cognitive Biases in Casework; Workshop #17: Fires and Explosions: A Multidisciplinary Overview of Investigative Methods, Mental States of Perpetrators and Psychological Trauma to Victims; Workshop #12: Attorneys and Scientists Bridging the Gap in the Courtroom; Workshop #23: Good Measurement Practices in the Proper Use and Calibration of Balances and Pipettes and Plenary Sessions](40 hours of training) (Seattle, WA)
  • Lectured 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
April
  • Attended NCDD/TCDLA seminar “Mastering Scientific Evidence” Houston, Texas (16 hours of training) (New Orleans, LA)
  • 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) (Atlanta, GA)
May
  • Instructed 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) (Harrisburg, PA)
  • 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 with 1 hour of instructing) (Chicago, IL)
  • Attended the 2010 Mid Atlantic Association Forensic Scientists Annual Meeting [including: Plenary Session Topics; all Criminalistics Session meetings; Keynote Speaker speech; and Fire Debris Roundtable] (40 hours of training) (State College, PA)
  • 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 (State College, PA)
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 Withdrawal 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) (Philadelphia, PA)
July
  • Attended and instructed at IDS Consulting Inc’s seminar “Behind the Secrets of Highway Drug Interdiction” (16 hours of training with 2 hours of instructing) (Alpharetta, GA)
  • Attended ChromAcademy webinar presented by GC/LC “GC Theory and Instrumentation Introduction” (1.5 hours of training)
  • Attended ChromAcademy webinar presented by GC/LC “GC Theory and Instrumentation of GC Chromatographic Parameters” (3 hours of training)
  • Attended ChromAcademy webinar presented by GC/LC “LC/HPLC The Theory of HPLC Band Broadening” (3 hours of training)
  • Attended ChromAcademy webinar presented by GC/LC “GCTheory and Instrumentation of GC Band Broadening” (3 hours of training)
  • Attended ChromAcademy webinar presented by GC/LC “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 with training)
  • Attended the NCDD Summer Session held at Harvard School of Law(16 hours of training) (Cambridge, MA)
August
  • Attended ChromAcademy webinar presented by GC/LC “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 240th 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 lecturing) (Boston, MA)
  • Attended and instructed at the Platt and Associates seminar entitled “An Overview of the NHTSA based Drug Recognition and Evaluation Course” (16 hours of training and 3 hours of lecturing) (San Antonio, TX)
  • 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) (Harrisburg, PA)
  • Instructed and attended the California Association for Criminal Justice annual “Rules of the Road Seminar”(1.5 hours of instruction with 8 hours of training)
October
  • Attended the NCDD/NACDL 13th annual seminar “DWI means Defends with Integrity” (12.5 hours of training) (Las Vegas, NV)
  • 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 with 2 hours of instruction)
  • Attended and instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar (16 hours of training with 2 hours of lecturing)
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 with 1 hour of lecturing)
  • 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 lecturing) (Chicago, IL)
  • 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) (Houston, TX)
  • Instructed and attended at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (.75 hours of lecture with 12 hours of training)
  • Attended National Fire Protection Association (NFPA) training “Fire and Explosion Investigations (NFPA 921-2008 ed.) (16 hours of training) (Chicago, IL)

Total Hours of Training/Instructing= 289.25 hours including 3 hours instructing
January
April
May
  • 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” 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) (San Diego, CA)
June
July
September
  • Attended Pennsylvania Innocence Project Training (14 hours of training) (Philadelphia, PA)
  • Hosted and instructed a PACLE approved seminar entitled “How to Aggressively, Scientifically and Ethically Defend a Controlled Substances Accusation(4 hours of training) (Harrisburg, PA)
  • 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) (Harrisburg, PA)
October
  • Attended NCDD/NACDL 13th annual seminar “DWI means Defends with Integrity” (12.5 hours of training) (Las Vegas, NV)
November
  • Attended the American Chemical Society course by Dr. Lee Polite, BA, MBA, PhD “Gas Chromatography: Fundamentals, Toubleshooting, and Method Development (a lecture laboratory course)” (48 hours of training) (Chicago, IL)
  • Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled “Clarus 500 / Autosystem XL Instrument Familiarization” (1.25 hours 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” (.5 hours 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” (.75 hours 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” (1.25 hours of training)
  • Attended PerkinElmer Online Webcast Library: Training and Advances in GC and GC/MS Applications course entitled “Arson Investigations by GC/MS” (.75 hours 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” (1.25 hours 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 with 3 hours of lecturing)

Total Hours of Training/Instructing = 248.25 hours including 37.25 hours of instructing
January
  • Completed CLIA General Laboratory Competency Assessment, CLIA Chemistry / Urinalysis Competency Assessment and Phlebotomy Training (24 hours of training)
March
April
  • 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 (12 hours of training) (Las Vegas, NV)
May
July
August
  • 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) (Harrisburg, PA)
September
December
  • December-Attended NCDD/GACDL/Headlines Marketing’s “Advanced Forensic Blood and Urine Seminar”; 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) (Atlanta, GA)

Total Hours of Training/Instructing = 59.25 hours
June
August

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) (State College, PA)
June
  • Attended Pennsylvania Bar Insitute’s (PBI) seminar “Driver Licensing Problems” hosted by PennDOT officials (8 hours of training) (Harrisburg, PA)

2005

Total Hours of Training/Instructing = 54 hours
February
  • Attended PACDL’s seminar “Forensic Science Seminar” (8 hours of training) (Harrisburg, PA)
February
  • Attended PBI’s seminar “Forensic Science Seminar-Capital Cases Session” (8 hours of training) (Harrisburg, PA)
March
  • Attended Lorman Education Services Seminar “Strategies in Handling DUI Cases Under the New Law in Pennsylvania” (6 hours of training) (Harrisburg, PA)

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) (State College, PA)
October
  • Attended PACDL’s seminar “The Patriot Act” (1 hour of training) (Harrisburg, PA)
November
  • Attended Lorman Education Services’ seminar “Driving After Imbibing” (8 hours of training) (Harrisburg, PA)

Total Hours of Training/Instructing = 36 hours
September
  • Attended PBI’s seminar “Pennsylvania Evidence” (4 hours of training) (Harrisburg, PA)

2018

Total Hours of Training in Self-Defense/Combatives = 48 hours
March
  • Attended “Tactical Emergency Casualty Care” held at Harrisburg Community College (16 hours of training) (Harrisburg, PA)
  • Attended Kembativ’s Brand “Kembativz Pistol” taught by J. Kelly McCann (16 hours of training) (Harrisburg, PA)
December
  • Attended and co-hosted Kembativz’s Brand “Self-Defense: Theory and Practice” taught by J. Kelly McCann (16 hours of training) (Fredericksburg, VA)

2017

Total Hours of Training in Self-Defense/Combatives = 148 hours of training
March
  • Attended Kembativz Training by Kelly McCann (16 hours of training) (Harrisburg, PA)
April
  • Attended Long Range Precision Rifle (High Angle/Long Distance) at Bear Trap Range by Jim Kauber of The Site Firearms Training Center (24 hours of training) (Coalinga, CA)
May
  • Attended Advanced Combative Pistol Training by Dave Spaulding of Handgun Combatives (16 hours of training) (Philadelphia, PA)
May
  • Attended Simunitions and Force on Force Combatives/Pistol and Carbine Shoot House Training at The Site Firearms Training Center with Jim Kauber, Rich Nance and Steve Stovall (28 hours of training) (Mount Carroll, IL)
August
  • IWI US “Level I Tavor Operator” instructed by Tom Alibrando (16 hours of traininig) (Lewisberry, PA)
September
  • Attended Edged Weapon Overview training by Greg Ellifritz of ShivWorks (16 hours of training) (Cleveland, OH)
November
  • Attended Kembativz Brand “Defensive Handgun” course by Kelly McCann (16 hours of training) (Fredericksburg, VA)
December
  • Attended Kembativz Brand “Advanced Combative Concepts” by Kelly McCann (16 hours of training) (Fredericksburg, VA)

2016

Total Hours of Training=70 hours
June
  • Attended Group Threat Training in Tactical Pistol/Carbine and Precision Rifle Training at The Site Firearms Training Center with Jim Kauber and Steve Stovall (28 hours of training) (Mount Carroll, IL)
August
  • Attended Close Quarter Pistol Level 1 with Rich Nance of WarTac Training (16 hours of training) (Harrisburg, PA)
October
  • Attended Kelly McCann’s Combatives Self-Defense Course (online training) (10 hours)
December
  • Attended Active Shooter and Close Quarter Pistol Level 1 with Rich Nance of WarTac Training (16 hours of training) (Vinita, OK)

2015

Total Hours of Training=32 hours
April
  • Attended “Home Defense” with Ryan Coutts (4 hours of training) (Elizabethville, PA)
June
  • Attended Tactical Pistol/Carbine and Precision Rifle Training at The Site Firearms Training Center with Jim Kauber and Steve Stovall (28 hours of training) (Mount Carroll, IL)

Published

  • McShane, Justin J. and Giaramita, Michael, Pennsylvania Gun Law: Armed and Educated Stanley Marie, LLC (US Law Shield, Houston, TX 2016)
  • McShane, Justin J. and Lee, Josh D. “Abstract: The Validity of Enzymatic Assay for Blood Al-cohol Content (BAC) Determinations” The Proceedings of the American Academy of Forensic Sciences: 68th Annual Scientific Meeting (Orlando, FL-AAFS, 2015).
  • McShane, Justin J. and Lee, Josh D. co-editors of Inside the Minds: Understanding DUI Scien-tific Evidence 2014 Edition, Aspatore a Thomson-West publication
  • Kennedy, Katherine and McShane, Justin J. “Basic Introduction to Gas Chromatography” (ap-proved for publication in Inside the Minds: Understanding DUI Scientific Evidence 2014 Edi-tion, Aspatore a Thomson-West publication.
  • McShane, Justin J. and Hooper, Stephanie “Guilty until Proven Innocent: Best Practices for Cal-ibration of Pipettes:” in Inside the Minds: Understanding DUI Scien-tific Evidence 2014 Edition, Aspatore a Thomson-West publication
  • McShane, Justin J. and Hooper, Stephanie “The Lack of Legal and Forensic Suitability of En-zymatic Assay for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers” in Inside the Minds: Understanding DUI Scientific Evidence 2014 Edition, Aspatore a Thomson-West publication
  • McShane, Justin J.; and Lee, Josh D “Synthetic Drug Prosecution & Defense” The Voice for the Defense (October, 2014) 22-31
  • McShane, Justin J.; Lee, Josh D; Roberts, Richard; and Trichter, Gary “PBTs for Drugs: Oral Fluid Collection Devices” The Voice for the Defense (April, 2014) 18-25
  • McShane, Justin J. “CHAL Abstract: Linear Dynamic Range Challenges in Forensics” printed in the symposium of the 247the National Meeting of the American Chemical Society.
  • McShane, Justin J. “Abstract: The Constitutionality of the Cold Case CODIS Hit and an Offender not on Probation or Parole” The Proceedings of the American Academy of Forensic Sciences: 66th Annual Scientific Meeting (Seattle, WA-AAFS, 2014).
  • McShane, Justin J. “How does a GC-MS Machine Know that There’s a Drug in the Blood?” The Defense Never Rests The Kansas Association of Criminal Defense Lawyers Newsletter (February 2014 Edition) 6-16.
  • McShane, Justin J. “JustIn Science: Why the Number Doesn’t Tell the Whole Story” NCDD Journal Volume 1 Issue 20 (Winter, 2014) 6-7.
  • McShane, Justin J. and Lee, Josh D. “The Always Get the Data! The Fukushima of Forensics: Annie Dookhan” For the Defense (The Tennessee Association of Criminal Defense Lawyer’s publication) July/August 2013 edition p. 8-19.
  • McShane, Justin J. “CHAL 26 Abstract: Traditional landscape of measurement science in the courtroom: Qualitative measurement uncertainty, the myth of infinite precision and total accuracy” printed in the symposium of the 244th National Meeting of the American Chemical Society.
  • McShane, Justin J., “Abstract: Scientific Workshop #14: Melendez-Diaz, Bullcoming, and Williams: Scientific Evidence and the Right to Confrontation” The Proceedings of the American Academy of Forensic Sciences: 65th Annual Scientific Meeting (Washington, DC-AAFS, 2013).
  • McShane, Justin J. and Lee, Josh D “Abstract: EPA, GLP, and USP vs. Forensic Science: Where is the Commutability? Why Are There no Standardized Methods Across All of Forensic Science?” The Proceedings of the American Academy of Forensic Sciences: 65th Annual Scientific Meeting (Washington, DC-AAFS, 2013).
  • McShane, Justin J. “Chapter 3: Applied Epistemology or Subconsciously Bending the Truth: The Human Frailties of the Mind that Manifest in Bias of the Officer at the Roadside. The Drug Recognition Expert Program Serves as a Case Study for an Epistemology-Based Defense,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Fourth Edition (Aspatore: A Thompson Reuters business, ISBN: 9780314286284) (2012).
  • McShane, Justin J. “Chapter 4: Consciousness of Guilt or Reasonable Confusion: How Applied Epistemology Can Negate the Burden Shifting Game in a DUI Refusal Case,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Fourth Edition (Aspatore: A Thompson Reuters business, ISBN: 9780314286284) (2012).
  • McShane, Justin J. “Chapter 5: How to write an Expert Report,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Fourth Edition (Aspatore: A Thompson Reuters business, ISBN: 9780314286284) (2012).
  • McShane, Justin J. “Chapter 6: The Inabailty to Quantify BrAC measures,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Fourth Edition (Aspatore: A Thompson Reuters business, ISBN: 9780314286284) (2012).
  • McShane, Justin J. “Chapter 7: A Scientific Examination of the Validity of Evidentiary Breath Testing as Applied to DUI Prosecution in the United States Today,” in Lawrence E. Wines, Esquire, ed., Understanding DUI Scientific Evidence: Fourth Edition (Aspatore: A Thompson Reuters business, ISBN: 9780314286284) (2012).
  • McShane, Justin J. “How to Obtain Scientific Data (Discovery) Through the Court: How Does a Criminal Defense Lawyer Confront an Expert Witness” California Defender (Fall 2012) 55-64.
  • McShane, Justin J. and Lee, Josh “Electro-Chemical Based Portable Breath Testing: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside” The Voice for the Defense (Sept. 2012) 21-7.
  • McShane, Justin J., Auriemma, Joshua, and Koch, Matthew. “Considering Justice Alito’s Williams Plurality and What, If Anything, It Means” The NACDL Champion Magazine (Aug. 2012) 44-8.
  • McShane, Justin J. “Why I Don’t Stipulate to Forensic Test Results” NCDD Journal Volume 1 Issue 16 (Summer, 2012) 2-3.
  • McShane, Justin J. “CHAL 26 Abstract: Burning the Accused at the Stake? Is arson/explosive investigations scientific or modern day witchcraft?” printed in the symposium of the 243rd National Meeting of the American Chemical Society.
  • McShane, Justin J. “Chapter 1: The Science of Search and Seizure in DUI Defense” Inside the Minds: The Legality of Search and Seizure in DUI Cases, (Aspatore: A Thompson Reuters business, ISBN: 9780314285843) (2012) 7-22.
  • 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. and 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” The Proceedings of the American Academy of Forensic Sciences: 63rd Annual Scientific Meeting (Colorado Springs, CO-AAFS, 2011).
  • McShane, Justin J. and Lee, Josh D. “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, ISBN: 978-0314278890) (2011).
  • 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, ISBN: 978-0314278890) (2011).
  • 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 and 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 Publishing2011, ISBN-10: 0970350120).
  • 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.
  • McShane, Justin J., Citron, Joseph and 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. and 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 and 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).

Accepted, pending publication / Submitted pending approval / In editing

  • McShane, Justin J. and Roberts, Richard “Automated Cars-The End of DUI Defense”
  • McShane, Justin J., Lee, Josh, Moore, Ronald, Polite, Lee and McNair, Harold “The Compre-hensive Book on Forensic Chromatography.”
  • McShane, Justin J. and Messman, Jerry “‘The Machine was Calibrated:’ The Myth of Calibra-tion of BrAC Machines.”

  • Commonwealth v. Landis II, (Pa. Super 2014). The Superior Court held that the appellant was entitled to a new trial because the finding that his blood-alcohol level was over .16% within two hours of driving was against the weight of the evidence. The blood-alcohol test result of .164%, which was relied on by the Commonwealth, was subject to a 10% margin of error and there was no further evidence to sustain the jury’s finding that his blood alcohol level was .16% or above within two hours of driving. The Superior Court agreed that the jury’s verdict on the count of DUI-highest rate of alcohol was against the weight of the evidence. The evidence that his blood-alcohol level was .164% was unreliable because the medical technician only took one sample of blood and ran only one test. Moreover, the result from an Avid Axsym machine was less accu-rate than a gas chromatography test, and the evidence at trial established a 10% margin of error in the results from the Avid Axsym machine. The trial record did not contain a reasoned basis for accepting the specific reading of .164% as either accurate or precise. There was no support for a finding that the reading registered by the Avid Axsym machine was any more reliable than the possible blood-alcohol levels within the 10% margin of error. Moreover, since there was no direct or circumstantial evidence regarding the possible applications of the 10% margin of error, the trial evidence required the jury to speculate that Appellant’s actual blood alcohol content was .16% or higher within two hours of driving. Therefore, the Panel held that the Appellant was entitled to a new trial on the count of DUI—highest rate of alcohol.
  • Commonwealth v Schildt: In this important case, Dauphin County Judge Lawrence F. Clark ruled that the current calibration methods for Pennsylvania breath testing machines leave the devices inadequate to measure samples outside of the range of 0.05% to 0.15%. The ruling opens the door for thousands of the Highest BAC (over 0.16%) cases to be reviewed. He further ruled that the Intoxilyzer 5000EN breath machine may no longer considered reliable or admissible. This ruling resulted in Pennsylvania State Police halting the use of breath testing statewide in favor of blood testing. The Superior Court overturned the opinion of the trial court judge on procedural grounds. The science was not discussed by the Superior Court.
  • Lebanon County Blood Testing Ruling: A ruling signed by all four judges of the Court of Com-mon Pleas in Lebanon County stated that the blood testing procedure used at Good Samaritan Hospital (GSH) was not acceptable to the court because it deviated from the instructions set forth by the manufacturer of the equipment. In response, Lebanon County District Attorney an-nounced that it would discontinue blood testing at GSH and instead send all blood samples to the state crime lab in Harrisburg for testing.
  • Co-authored with Leonard Stamm, Esquire and Ron Moore, Esquire, the successful joint Na-tional 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 Bull-coming and the amicus brief issuing a sweeping opinion that affirmed the arguments presented by Bullcoming and amici counsel creating “The Particular Witness Rule.”
  • YoheII v. Commonwealth (13-855) The particular witness from NMS Labs who physically conducted the analysis of the blood of the accused for BAC was not present for trial, but only the PhD who reviewed the data generated by the particular witness appeared to testify. Attorney Dorward of the McShane Firm, LLC timely objected making a complete proffer to preserve the Confrontation Clause error being careful to both federalize the objection as well as raise inde-pendent state grounds. The trial court overruled the objection and allowed solely the surrogate to testify in lieu of the particular witness. Despite his best efforts, the Jury disagreed with Attorney Dorward at trial and returned a guilty verdict. Attorney Dorward again asserted error in a well-written post-sentencing motion and accompanying memorandum. Upon review of the testimony elicited and the arguments presented, the trial court agreed there was a violation of Confrontation. Despite the binding precedent of Commonwealth v. Barton-Martin, the trial court ordered a new trial as the remedy. Knowing that remedy to be in error in that the proper remedy under Barton-Martin was vacating and discharging the defendant of the conviction, Attorney Dorward filed a motion for reconsideration with the trial court for the remedy. That petition was denied. The government sought appeal of the grant of the new trial. Thus, the government became the appellant. The McShane Firm, LLC became the appellee. After receiving briefs and hearing oral argument, a three-justice panel of the Superior Court disagreed with the trial court and overturned the grant of the new trial. In essence, the three-justice Superior Court, in a published opinion, held the testimony of the surrogate was sufficient Confrontation for the appellee. Attorney Dorward enlisted the help of Attorneys Josh Auriemma and Justin J. McShane to perfect a petition for allocator to the Pennsylvania Supreme Court, which was granted. The case was reviewed. The Superior Court decision was upheld. The matter is now pending before the United States Supreme Court pending certiorari. The SCOTUS certiorari petition was placed on hold and officially relisted twice, but eventually denied.
  • Commonwealth v. Curtis Williams (–A.3d–) Mr. Williams was acquitted by a jury of the charge of criminal attempt homicide, but guilty of the charge of Aggravated Assault. The defense theo-ry of the case was that the alleged victim was the aggressor, and Mr. Williams was acting in his own self-defense and in defense of his two young children when the much larger able body al-leged victim engaged in road rage. The trial court granted the Commonwealth’s pre-trial motion to preclude the defense from introducing evidence that the alleged victim was drunk (BAC of 0.15) and driving while drunk. A sharply divided panel (2-1) of the Superior Court agreed with the trial court. In a rare move, the Superior Court granted an en banc review of the panel’s deci-sion. Less than 20 cases per year are accepted for en banc review by the Superior Court.
  • Commonwealth v. Karns 50 A.3d 158 (2012) Mr. Karns was found guilty of DUI Highest Rate (BAC above .16%) by the trial court upon evidence from an enzymatic-based blood test that re-ported his BAC to be .189%.
    At trial the Bedford County District Attorney’s Office presented Christine Ickes, the medical lab scientist from the UPMC Bedford Memorial Hospital who prepared and analyzed Mr. Karns’ blood sample. As the test was done on non-whole blood, a conversion factor accepted by the scientific community must be presented under Pennsylvania Law. The prosecution did not pre-sent any evidence of a conversion factor. During his cross-examination, Attorney McShane ex-posed the lack of a whole blood conversion factor before the trial court.
    The Superior Court of Pennsylvania reviewed the appeal and found that without a valid conver-sion factor, the evidence presented by the Commonwealth was insufficient for the per se conviction and overturned the conviction for the charge of DUI- highest rate of alcohol.
    The holding of the court was as follows:

    • • Supernate is not whole blood;
    • • Simply having a witness say it is whole blood is not “good enough” no matter how many times they insist that it is;
    • • Any form of non-whole blood expression for BAC must be converted back to whole blood;
    • • Saying there is a conversion factor automatically or somehow is not good enough;
    • • A dilution factor is not a conversion factor; and
    • • Absent an expert (or admissible testimony) as to conversion, there is insufficient evi-dence to support a per se based conviction for DUI)
  • 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 driv-ing 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. Jennifer Barton Martin (5 A.2d 363, 2010 PA Super 163, certiorari denied) 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 ac-cused subpoenaed the technologist and the phlebotomist presenting both in our case-in-chief. The clear ruling states the following:
        1. Melendez-Diaz is retroactively applied.
        2. 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 state’s previous precedent.
        3. Failure to do #2 even if the defense in its case calls the analyst, does not cure Confron-tation violation.
      4. A result is not a new trial, but vacating of the conviction with jeopardy.

    The Court ruled as follows: “Because the Commonwealth did not summon at trial the analyst who prepared Appellant’s lab report, we conclude that Appellant’s rights under the Confronta-tion Clause were violated and that the lab report showing her blood-alcohol content was inad-missible. Without that evidence, Appellant’s conviction under § 3802(c) cannot stand and we therefore vacate her judgment of sentence as to that offense.”

  • 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 de-fendant’s wife, even though the couple had separated, no longer held themselves out to be mar-ried, and had filed for divorce, and spousal privilege is not limited to confidential communica-tions. Defendant was the “lawful spouse” of his estranged wife, for purposes of spousal privi-lege, 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 di-vorce 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 infor-mation 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 (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 (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 in-sufficient probable cause to arrest for a DUI.
  • 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: (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 dismiss 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 (845 A.2d 821, 2004 PA Super 28) The Superior Court of Penn-sylvania 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 li-cense plate number was involved in “drug activity,” was insufficient to serve as basis for a rea-sonable 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 “drug activity” or specify what the “activity” 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 ob-tained 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.

(Attorney McShane holds current valid DOT training for proper use of these items)

  • 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
  • Use of Wet Bath Alcohol simulator Student Manual
  • Handling Anger in the impaired subject
  • Draeger Alcotest Model 7410 Plus
  • Intoxilyzer 8000
  • Intoxilyzer 5000 EN
  • Intoxilyzer 5000
  • Inoximeters EC/IR
  • Draeger Alcotest Model 7110 MK111
  • BAC DataMaster
  • Juvenile DUI
  • General DUI Instruction
  • SFST Course
  • Sobriety Checkpoint refresher and Instructor
  • SFST refresher update training
  • Alcosensor IV-RBT IV
  • Draeger Alcotest Model 7410 II
  • General Breath test operator’s info

  • Litigated the release of James Hugney Sr. who spent 35 years 11 months and 8 days incarcer-ated over a arson-murder conviction after Post Conviction Relief Act was used to demonstrate that the science used to support the prosecution’s claim of arson was infirm. James Hugney, Sr. was confirmed as the 51st arson science exoneree as determined by the National Arson Project.
  • Defended several high profile cases including several death penalty cases and several other homicides including a triple homicide death penalty case.
  • Tried over 200 cases 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.

The McShane Firm, LLC

Chairman/CEO

Harrisburg, PA (March 2008 to present)
After buying out partner, reincorporated:

  • Immediately increased the firm to include eight attorneys and between fourteen to eighteen support staff depending upon the time of year.
  • Operates, maintains and manages a thriving law firm.
  • Practice limited to criminal law specializing in traffic offenses and DUI,forensic science related matters,and firearms related litigation.
  • 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”)
  • Is the Solicitor for the Recorder of Deeds for Dauphin County
  • Admitted Pro Hac Vice to the sate bars of Georgia and Florida.

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.
  • Operated, maintained and managed a thriving law firm.
  • Limited practice to criminal law specializing in traffic offenses and DUI and forensic science matters.
  • Admitted Pro Hac Vice in the Superior Court of California San
    Mateo County.
  • Amicably bought out his law partner.

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 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.

  • 2005 until term expired in 2009-elected by the Voters of the Harrisburg area to sit as a School Director for the Central Dauphin School Board
  • Volunteer with PAWS of Central Pennsylvania (PAWS is a no-kill animal rescue and spay/neuter group dedicated to saving the lives of companion animals through spaying and neutering, pet fostering and adoption, and educational efforts)
  • Volunteer with the Special Olympics
  • A loving and doting father of two amazing children
  • A dedicated Husband