At The McShane Firm, we know that potential clients like to see cases handled by our firm, so we’ve compiled a collection of articles detailing some of the more high-profile cases handled by The McShane Firm, LLC, Law Offices. For more information about our firm and how you can fight DUI cases and more, contact us.
Former Dillsburg-area golf club manager now in prison for embezzing $52K
www.ydr.com – A former Dillsburg-area golf course manager must spend nearly a year in county prison and pay restitution for embezzling more than $50,000 his former employer, ostensibly to pay his daughter’s heroin dealer.
County DUI cases on hold
http://citizensvoice.com - Scores of drunken driving cases in Luzerne County are in limbo as prosecutors await a state court ruling about the admissibility of Breathalyzer results.
With the alcohol testing method being questioned, the county’s central processing center to administer official breath tests has been shuttered and police can now only take suspects for blood-alcohol testing.
Attorney: DUI blood testing inaccurate for months
www.abc27.com – Harrisburg attorney Justin McShane has long questioned the accuracy of DUI breath testing in Pennsylvania, and now he says the blood testing system used by state police in Harrisburg was not accurate for several months.
Charges Dropped Against Harrisburg Man Accused of Assaulting City Cop
www.pennlive.com - After DNA testing and repeated claims of innocence, charges have been dropped against a Harrisburg man who was accused of assaulting a city police officer.
Repeat drunken driver guilty of murder for Hellam Twp. crash that killed motorcyclist
www.yorkdispatch.com - A Red Lion-area man with four DUIs under his belt has been convicted a fifth time — this time for drunken driving and murder.
Travis Wagner Fowler was drunk when he fatally struck motorcyclist Nelson E. Newcomer, 56, of Millersville, Lancaster County.
Justin McShane Interviewed at WLBR 1270 AM
Justin McShane Interviewed at WLBR 1270 AM about Lebanon County blood testing issue and the reactions of listeners.
Judges in Lebanon County Rule Blood Tests There to be Inadmissible
news.yahoo.com - The ruling made by all of the judges of the Court of Common Pleas in Lebanon County on February 1, 2013 stems from Good Samaritan Hospital not adhering to the manufacturer’s prescribed instructions for the blood testing equipment they use. The McShane Firm, LLC acted as the defense counsel for two of the cases included in this ruling.
Lebanon County judges issue new BAC guidelines, criticize GSH
www.ldnews.com In an attempt to clear up confusion regarding blood-alcohol content testing conducted at Good Samaritan Hospital, Lebanon County’s four judges have issued a ruling that provides guidelines for the hospital and prosecutors.
Lebanon judges call DUI testing into question
www.fox43.com - Lebanon County’s judges issued a ruling last week calling into question blood testing in DUI cases, leading defense attorneys to seek to get many cases thrown out.
The ruling stems from a request by the county district attorney’s office to attempt to try eight DUI cases together and cites a long-standing concern with how Good Samaritan Hospital tested for alcohol in defendants’ blood.
Local attorney claims hospital mishandled DUI blood tests, files to have hundreds of cases thrown out
www.whptv.com- A Susquehanna Valley Attorney wants hundreds of DUI cases tossed out, claiming a local hospital mishandled the blood tests. And a court ruled Good Samaritan was not following the operating instructions for the hospital’s blood testing machine.Attorney Justin McShane, Chairman and CEO of McShane Law Firm says this has been a problem at Good Samaritan Hospital for years, but the problem never came to light until four judges ruled that the strict rules haven’t been followed. “Good Samaritan Hospital is a great hospital, it’s great for emergencies and any sort of care that you would want. Horrible at forensics.”
DUI test accuracy questioned in Lebanon County
wwwabc27.com – Lebanon County’s four judges in the Court of Common Pleas have all signed an order that forbids prosecutors from admitting as evidence DUI blood tests that were conducted on certain machines at Good Samaritan Hospital.
Court ruling could void more than 1,000 Lebanon County drunken driving cases, lawyer contends
http://www.pennlive.com - With evident frustration, Lebanon County’s judges have issued a decision that a defense expert says could result in the dismissal of hundreds, and perhaps more than 1,000, drunken driving cases in the county.
District Attorney David Arnold said today that he is sure the decision won’t hinder the prosecution of DUI cases or lead to any mass dismissals, however.
Allegheny County DA discourages using breath testing for DUI arrests
www.post-gazette.com -Pulled over after downing that last beer or six? Forget blowing into a tube. For the drunkest drivers in Allegheny County, it’s going to be blood test or bust.
Prompted by a recent court ruling that questioned the reliability of breath-testing devices, Allegheny County District Attorney Stephen A. Zappala Jr. is telling police chiefs temporarily to consider using only blood tests on two categories of suspected drunken drivers — the most intoxicated and the least impaired.
DA appeals breath test motion as police react statewide
ABC27.Com – Earlier this month, defense attorney Justin McShane filed a motion to dismiss all current breath tests statewide. Since then, five counties in the state, as well as Pennsylvania State Police, are changing their policies.
Pa. State Police Stop Breathalyzer Tests, for Now
http://www.nbcphiladelphia.com - Anyone pulled over by a Pennsylvania State Trooper for suspected DUI won’t be subjected to a Breathalyzer test — at least for now.
Battle over use of breathalyzers in DUI cases moves to state court
Pennlive.com – In something of a gamble, the Dauphin County district attorney’s office is asking the state Superior Court to overturn a county judge’s ruling that severely crimps the use of breathalyzers in drunken driving prosecutions.
Pennsylvania State Police Decide to Halt the Use of Breath Testing for DUI
news.yahoo.com - Move comes after ruling in Commonwealth v. Schildt Called Breath Testing Evidence into Question.
Harrisburg, Pennsylvania (PRWEB) January 17, 2013
In a major development, First Assistant District Attorney Francis T. Chardo of Dauphin County has stated that Pennsylvania State Police will stop using breath testing across the state in favor of blood according to Law Weekly .
Dauphin County will discontinue breath testing in DUI cases
ABC27-WHTM – The in-house breathalyzer machine that came into question last month in Dauphin County may never be used again.
DUI suspects in Dauphin Co. now have to undergo blood tests
ABC27-WHTM – Anyone who fails a preliminary breathalyzer test for driving under the influence in Dauphin County is now required to submit to a blood test, according to a memo sent out by Dauphin County District Attorney.
DUI suspects in Dauphin Co. now have to undergo blood tests
ABC27-WHTM – Anyone who fails a preliminary breathalyzer test for driving under the influence in Dauphin County is now required to submit to a blood test, according to a memo sent out by Dauphin County District Attorney.
Breath-Test Ruling Could Affect Thousands of DUI Cases
www.law.com - A recent Dauphin County trial court decision that calls into question the accuracy of evidential breath alcohol testing could potentially impact thousands of pending DUI cases across Pennsylvania, despite the fact that many counties now use blood testing, attorneys said.
Pennsylvania: Judge Throws Out Breath Machine Evidence
www.thenewspaper.com -A judge in Dauphin County, Pennsylvania last week delivered a bombshell decision finding evidence provided by breath machines to be inaccurate outside a narrow range. After hearing extensive testimony from expert witnesses, the Court of Common Pleas judge found it was not appropriate for charges of “high rate” driving under the influence of alcohol (DUI) be established by providing a printout from a machine displaying a high number.
Pa. Lawyer Wants To Do Away With Breathalyzers
CBSLOCAL – DAUPHIN COUNTY, Pa. (KDKA) — A Pennsylvania lawyer has filed a request to throw out breath testing for alcohol in the state, just a week after a judge ruled the tests aren’t accurate for analyzing alcohol in the blood.
DUI cases in Pennsylvania may soon be under the microscope
ABC27 – Last week, Dauphin County Judge Lawrence Clark ruled that the breath testing machines used in police stations in Pennsylvania are not scientifically accurate.
Lawyer seeks to have DUI breath tests halted in Pa.
WPXI – A Dauphin County lawyer filed a request on Monday to throw out breath testing for alcohol in Pennsylvania, a week after a judge ruled breath testers aren‘t accurate for analyzing alcohol in the blood.
Ban on breath tests sought for DUI suspects
THE Morning Call – Bad science convinced a Dauphin County judge to throw out breath test results in nearly two dozen drunken driving cases last month.
Now the attorney who discovered problems with the way breath alcohol testing machines in Pennsylvania are calibrated has asked the court to trigger a statewide ban on breath tests for DUI suspects.
PA Judge: DUI Breathlyzers Not Accurate, Previous Convictions could be Tossed
SouthWhitehallPatch-A Dauphin County judge’s ruling has the potential to affect thousands of DUI prosecutions across the state, but South Whitehall Police do not use the Breathalyzers in question.
Court ruling calls into question DUI cases
ABC27-Dauphin County Judge Lawrence Clark has ruled that current calibration methods for breath testing machines in Pennsylvania do not allow for accurate measurements of samples outside the range of 0.05 to 0.15 percent.
DUI appeals could jam Pennsylvania courts
TribeLive-A Dauphin County judge‘s decision questioning the accuracy of widely used devices to measure blood-alcohol levels could bring scrutiny to thousands of drunken-driving convictions, lawyers said Wednesday.
Ruling on Breathalyzer Challenge in Dauphin County Could Change DUI Convictions
Fox43-A Dauphin County judge makes a ruling on a breathalyzer challenge that could affect thousands of DUI convictions . The judge, ruling that breathalyzer machines used by law enforcement at police stations cannot be considered accurate beyond a blood alcohol reading of .15. The ruling stemming from a DUI case, where the attorney challenged the breathalyzers accuracy . Dauphin County District Attorney Ed Marsico says his office will appeal the ruling.
Attorney McShane Makes the First Page of the Boston Globe
As part of their on-going investigation into the Annie Dookhan crime lab scandal, The Boston Globe interviewed Attorney Justin McShane of The McShane Firm. His quotation even made the front page of the newspaper.
Attorney McShane Hosts Seminar on The Innocence Project at the ACS
Attorney Justin McShane recently hosted a seminar at the 244th National Meeting & Exposition of the American Chemical Society (ACS) entitled: Forensic Science, Chemistry and the Law Presents: Innocence!
The event was well received by the attendees, press, and most importantly both the scientific and legal communities. Here is the press conference for the event
Harrisburg man to continue seeking a new trial after his state appeal is denied
Curtis A. Williams Jr., represented by Attorney Josh Auriemma of The McShane Firm was recently denied in his petition to The Superior Court of Pennsylvania in his bid to overturn his convictions for shooting another driver during an Easter 2009 road-rage incident.
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Jury Acquits Man of Robbing Drug Informant
Attorney Justin McShane secured a full acquittal on all charges against the accused even though there was a videotape of the alleged robbery with three Pennsylvania State Police eyewitnesses. After which an experienced prosecutor indicated that made it so he could not sleep at night.
Com vs. Pittman (The Passenger Side DUI)
In December of 2005, Derek R. Pittman was charged with a DUI in Pennsylvania while briefly steering from the passenger’s seat of a sober friend’s car. Attorney Justin McShane successfully defended Mr. Pittman with a result that lead to dismissal and expungement of the charges of Driving Under the Influence. This case received national exposure.
Com. vs. Prendergast
On March 22, 2002, Brian A. Prendergast was accused of assaulting a woman in the parking lot of the Harrisburg East Mall. Attorney Justin McShane successfully defended Prendergast arguing for a Not Guilty on the only contested charge which was kidnapping. This saved Mr. Prendergast from several more years of incarceration and Megan’s Law lifetime reporting requirements.
Com vs. Sawyer
In a brutal homicide case where Sawyer was accused of stabbing one of his best friends over forty times, Attorney Justin McShane argued successfully to have a damming confession linking him to the crime suppressed by the Court of Common Pleas. This legal ruling was so damaging to the Commonwealth’s case that the Commonwealth decided to appeal the case.
Com. vs. Scott Wholaver (a.k.a. “Middletown Christmas Eve Triple Homicide”)
On the early morning of December 24, 2002, Earnest Wholaver and brother Scott Wholaver journeyed to Middletown, PA where Earnest snuck into the home of his estranged wife, murdering her and two of their children while a unknowing Scott waited outside. Attorney Justin McShane defended Scott Wholaver on three counts of Homicide, Conspiracy to Commit Burglary in a case where his brother ultimately received the death penalty.
Com. vs. Swartz
On November 24th, 2004, Dustin Swartz of Port Royal, along with three other accomplices, staged a daring armed robbery of a Weis Supermarket in Juniata County. Attorney Justin McShane defended Swartz on charges of robbery, two counts each of robbery of a motor vehicle, kidnapping, burglary, theft, receiving stolen property, simple assault, recklessly endangering another person, unauthorized use of a motor vehicle and firearms not to be carried without a license.
Com. vs. Taylor
On November 1st, 2001, Glenn Darien Taylor was accused of kidnapping a city woman, shooting her to death, and leaving her body near Italian Lake. Attorney Justin McShane defended Taylor on charges of murder, kidnapping, and other counts. Taylor was found not guilty of First Degree Murder.
Com. vs. Wingert
On May 22nd, 2003, convicted rapist Douglas Wingert was accused of trying to rape a teacher at knifepoint at a private school in Antrim Township. Attorney Justin McShane defended Wingert on charges of Criminal Attempted Rape, Indecent Assault, and Unlawful Restraint.
Judge Throws out Criminal Charges Against Pair Accused of Making Threats
Intimidation Charges Dropped
Attorney Justin McShane successfully defended a federal police officer accused of
Official Oppression and another person accused of Victim/Witness Intimidation. All charges were thrown out of Court after the Commonwealth presented its case. Although it was a Jury trial, the Judge was convinced after the cross-examination of Attorney McShane that the evidence was woefully insufficient and did not even let the Jury deliberate on the case at all, resulting in a Not Guilty verdict.
