The attorneys of The McShane Firm own and operate the same pre-arrest breath test equipment used by law enforcement nationwide
The Problem of Residual Mouth Alcohol
In this video, Attorney McShane demonstrates how residual mouth alcohol can create a false positive on the CMI Intoxilyzer SD-2 and the Intoximeters Alco-Sensor FST.
Creating a False PBT Positive With Ordinary Bread
In this video, Attorney McShane how to create a false positive on an Intoximeters Alco-Sensor FST using ordinary household bread.
Fact: You will have absolutely no chance to win your DUI case if you choose the wrong attorney.
Just as you would not go to a doctor who specializes in foot-related issues (podiatrist) for brain surgery, don’t trust your liberty, your life and your driver’s license to a PA DUI attorney who takes any old case that walks in the door. You deserve not just a good attorney, but rather the very best PA DUI attorney to help you.
- ALL of the attorneys at The McShane Firm, LLC hold a current Breath Alcohol Technician (BAT) rating as recognized by the US Department of Transportation. McShane was re-certified as a BAT. This training was performed by a factory certified BAT instructor.
- ALL of the attorneys at The McShane Firm, LLC have been trained in both the Instructor rating (the highest rating) in the Standardized Field Sobriety Tests, Advanced Roadside Impairment Driving Enforcement, as well as Drugs that Impair Driving and Drug Recognition Expert Courses according to the NHTSA curriculum.
- ALL of the attorneys at The McShane Firm, LLC have attended and have been conferred plaques in recognition of attendance at the NCDD Summer Session held at Harvard School of Law in Cambridge, Massachusetts.
- We are the only DUI Pennsylvania firm in the mid Atlantic states that has 5 attorneys who hold all of the above and the highest training in breath and blood analysis including attending and passing the proficiency based testing in Advanced Forensic Blood and Urine
It is OK to be selfish and demand the best!
When you go to ask the qualifications of the PA DUI attorney who you are going to trust with your life and your driver’s license, ask whoever it is the following Checklist questions:
Question 1: When was the last time you went to trial?
| The McSHANE FIRM | QUESTION | THE OTHER PERSON |
|---|---|---|
| YES | Are you a Certified Breath Alcohol Test Technician as recognized by the United States Department of Transportation? | |
| YES | Have you ever actually seen a Breathalyzer in operation? Not just on a video but actually live, in person? | |
| YES | Do you own an operable Intoxilyzer 5000EN? | |
| YES | Do you own an operable BAC DataMaster? | |
| YES | Do you own an operable SD-2 and an SD-5 Pre-arrest Breath Test and an Intoximters FST? | |
| YES | Do you own a Guth Laboratories Simulator and know how to use it to calibrate Breath machines? Have you ever seen one (other than on video)? Have you ever used one? | |
| YES | Have you ever even seen live in-person a Gas Chromatograph/Mass Spectrometer? | |
| YES | Do you hold a current and highest certification AS AN INSTRUCTOR in the administration of Standardized Field Sobriety Tests as recognized by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police? | |
| YES | Do you hold a current certification in the administration of Standardized Field Sobriety Tests as recognized by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police? | |
| YES | Have you received certification in Advanced Roadside Impaired Driving Enforcement? | |
| YES | Have you received training in the procedures employed by a Drug Recognition Expert (used by the police to “spot” controlled substance impaired drivers) according to the NHTSA curriculum like “Drug Recognition Expert” and “Drugs that Impair Driving”? | |
| YES | Do you have a dedicated and signed copy of The DUI book with inscription from William “Bubba” Head, who is often times called the greatest DUI attorney ever, which reads: “To my good ‘source’ of excellent information on any topic on DUI law. The people in Pennsylvania are lucky to have you helping them find answers to the toughest cases”? (McShane) | |
| YES | Have you ever personally met and had lunch with Dr. AW Jones, who is widely regarded as the foremost expert in forensic alcohol testing? If you have, do you have his book Medicolegal Aspects of Alcohol signed to you in which Dr. Jones thanked you for providing him with articles? (McShane) | |
| YES | Did you attend and pass the proficiency based testing at the 2008 Advanced Forensic Blood and Urine Seminar hosted by William “Bubba” Head where the world’s foremost experts like Dr. A.W. Jones, Dr. Albert Staubus, Dr. Fran Gengo, Dr. Joseph Citron and Ron Moore lectured for over forty-six (46) hours [given once every ten years]? | |
| YES | Did you attend and pass the proficiency based testing at the 2009 Advanced Forensic Blood and Urine Seminar hosted by William “Bubba” Head where the world’s foremost experts like Dr. A.W. Jones, Dr. Albert Staubus, Dr. Greg Hampikian, Dr. Frederic Whitehrst, Dr. Joseph Citron and Ron Moore lectured for over forty-six (46) hours [given once every ten years]? | |
| YES | Have you been elected by your national peers into membership of the National College of DUI Defense? | |
| YES | Have you attended, completed and hold a certificate in phlebotomy (the drawing of blood and analysis of blood)? | |
| YES | Have you attended and received a certificate in “Accident Scene Reconstruction” as part of your Continuing Legal Education? | |
| YES | Have you attended training with at the NCDD Summer Session conducted at the Harvard Law School? | |
| YES | Have you received specialized training relevant to the defense of CDL truck drivers? | |
| YES | Do you attend the National Association of Criminal Defense Lawyers (NACDL)/National College for DUI Defense, Inc. national conference “DWI Means Defends with Integrity”? | |
| YES | Have you been a lecturer at a conference where other attorneys from all over the United States have come to learn? | |
| YES | Have you attended training with the National College for DUI Defense at their Winter Session? | |
| YES | Have you been a featured guest lecturer at the Pennsylvania State Police cadet classes? | |
| YES | Have you been asked to speak at various academic institutions on Jury trial advocacy? | |
| YES | Have you actually served as a Juror in a trial? | |
| YES | Do you teach and moderate a yearly Continuing Legal Education Course? (McShane does. It is called “Traffic Law and DUI”) | |
| YES | Have you strictly defended those accused of a crime and DUI and never prosecuted a single person for anything and especially not for a DUI? | |
| YES | Do you actually take preliminary hearings and don’t just waive them into Court to “work something out later”? | |
| YES | Do you presume me to be innocent? | |
| YES | Do you actually challenge the stop of the vehicle, the reason for the arrest and the blood/breath or refusal result pre-trial? | |
| YES | Do you actually take DUI cases to trial? | |
| YES | Do you actually know exactly what you are doing? | |
| YES | Did you write two authoritative treatises (book) on DUI Defense that actually have an ISBN number that are copyright protected and are widely available at Barnes and Noble, Amazon and others? | |
| YES | Are you selective in the cases that you take and limit the number of cases so you can devote as much time as you need to them? | |
| YES | Do you have available to you a Doctor who is an expert in the collection and analysis of my blood specimen who you can use to later challenge the result in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial) | |
| YES | Do you have available to you a medical doctor who is an expert in forensic toxicology and emergency room medicine who can examine the accuracy and the collection method of my blood result to later challenge it in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial) | |
| YES | Do you have available to you the foremost expert in the field of the Standardized Field Sobriety Testing and Drug Impaired Driving analysis (Drug Recognition Expert) who holds instructor ratings in both who can challenge the results and whether or not I am a good candidate for the tests to begin with and use this expertise in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial) | |
| YES | Do you have available to you an internationally recognized expert in infrared breath testing spectrometry and Evidentiary Breath Test machine maintenance and calibration who can examine the accuracy and collection method of my breath test result to later challenge it in Court if necessary and appropriate? (Be sure to ask the attorney the name of the expert and the last time he/she used that person in trial) | |
| YES | Do you have available to you an internationally recognized expert in accident scene reconstruction who can later challenge the State’s result in Court if necessary and appropriate? (Be sure to ask the attorney the name of the expert and the last time he/she used that person in trial) | |
| YES | Are you discriminating in your practice? Do you decline to represent those that you know you cannot help out in a fundamental way? | |
| YES | Do you actually return phone calls within minutes or hours but never more than 24 hours? | |
| YES | Do you operate 24 hours a day and 7 days a week with an emergency line that goes directly to an attorney? |
