What Everyone Should Know About DUI...
Millions of dollars and spent by local, state and federal governments to educate the people of the problems with drunk driving. We have all seen these ads and they are effective, but we need to take a minute and stop and think about what these campaigns really do...
The McShane Firm, LLC does not stand in defiance of DUI laws. They are important laws. They are laws that protect our families and yours. However, what is happening is with the funding of these programs is the inappropriate wide-scale tainting of the Jury pool.
THE LAW IN PENNSYLVANIA IS NONE OF THE ABOVE...
No Judge will instruct a Jury properly or herself or himself properly apply the law where "Drink.Drive.Go To Jail" or "Buzzed Driving is Drunk Driving".
Instead the law states and a Jury will be instructed that:
Under Pennsylvania law, the Defendant is only the accused. The Defendant has and enjoys the Presumption of Innocence. The Commonwealth always and at all times has the duty to prove each and every element of the crime charged beyond a reasonable doubt. One of the essential elements of a DUI charges and what the Commonwealth of Pennsylvania must prove beyond a reasonable doubt is that the Defendant is "incapable of safe driving". The phrase “incapable of safe driving” has a precise legal meaning. "Incapable of safe driving" does not mean that one need be drunk beyond all control, but rather "incapable of safe driving" means and requires proof of substantial impairment to such a degree that the operator cannot control and provide for the essential acts (not the optional acts) necessary for the safe operation of the vehicle at the time of driving.
If one is fair and truly examines the above, the unavoidable conclusion that one organically arrives at is there is a multi-million dollar concerted effort to inaccurately educate potential Jurors and bias them (through no fault of their own) as to something contrary to what the law clearly states by bombarding them with a multi-million dollar multi-media blitz. This is not fair.
We at the McShane Firm, LLC combat this through educating the Jury as to what exactly the law is. We do this successfully for our clients and would be honored if you trusted us to do our best for you too.
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Testimonials
Justin’s nickname is “The Library.” For someone of his age his encyclopedic command of the scientific literature was at first quite surprising. But he keeps producing, and after awhile I began to assume that Justin would have the answer. Thing about it: he always does.
- Attorney Allen Trapp, Carrollton GA
I met David only recently. However, he made quite an impression. He was attending the most advanced training course a DUI attorney (3 & 1/2 days in length) can take, in San Diego, CA. He was one of the best students in the class, from an attendance and “final exam” perspective. This level of serious representation is what it takes to be an effective DUI trial lawyer. A tip of the hat goes out to David for his dedication to this area of law practice.
- Attorney William Head, Atlanta GA
Justin McShane has had unparalleled success in defending DUI and criminal cases in central Pennsylvania. As a former Public Defender, he is not afraid of taking on prosecutors and tough or seemingly hopeless cases. Justin is one of the top people in the Country with respect to knowledge about hospital blood tests and demonstrates his knowledge through thorough cross examination of experts and hospital staff. He is tireless on behalf of his clients and has a tremendous track record. I would not hesitate to recommend him to anyone charged with a DUI in central Pennsylvania.
- Attorney Andrew Alpert, Upper Marlboro MD
Click here for What Everyone Should Know about DUI
Click here for the Top 10 DUI mistakes (and how to avoid them)
Click here for the Top 10 things NOT to do if you're arrested
Your DUI Attorney Choice By the Numbers
- Number of attorneys in the world
- 1,600,000
- Of those, the number of attorneys in the US
- 1,250,000
- Of those, the number of attorneys in Pennsylvania
- 43,000
- Of those, members of the National Association Criminal Defense Lawyers (NACDL)
- 204
- Of those, members of the Pennsylvania Association Criminal Defense Lawyers (PACDL)
- 101
- Of those, members of National College for DUI Defense
- 13
(of which we are 4) - Of those, who received training as Instructors in Standard Field Sobriety Testing as recognized by the National Highway Traffic Safety Administration
- 5
(of which we are 4) - Of those, who are a Certified Breath Alcohol Test Technician as recognized by the Department of Transportation
- 5
(of which we are 4) - Of those, who received training in Drugs that Impair Driving (Drug Recognition Expert training) as recognized by the National Highway Traffic Safety Administration
- 5
(of which we are 4) - Of those, who is certified as a Phlebotomist (drawing and analysis of blood samples)
- 2
(of which Attorney McShane is one) - Of those, who is a 2-time graduate and case presenter at the National Forensic Blood and Urine Seminar?
- 1 - Attorney McShane