Justin J. McShane, Esq.

Chairman/CEO, Specializing in D.U.I and Criminal Law

If you are looking for a highly-experienced DUI trial lawyer in Pennsylvania, look no further than Attorney Justin J. McShane. Based in Harrisburg, Attorney McShane is the most highly qualified DUI and criminal defense attorney in Pennsylvania. Justin is a nationally renowned trial attorney and a lawyer who is recognized as having forensic science expertise who successfully uses his superior knowledge, experience, and guts to defend citizens accused of crimes ranging from DUI to underage drinking, from drug possession to assault, and even capital homicide. Widely respected for his encyclopedic knowledge of all forms of forensic science, Attorney McShane has attended national forensic and DUI seminars hosted by or based upon teaching of esteemed associations such as:

Attorney Justin J. McShane Lecturing
Attorney McShane lecturing at the National Association of Criminal Defense Lawyers Conference
Justin understands how important your case is to you, and prides himself on always returning phone calls and being available 24 hours a day.
As a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, Attorney McShane enjoys a reputation as an extremely aggressive and skilled litigator who will fight for your rights. Known for working long hours, Attorney McShane brings a no-nonsense attitude and tireless resolve to defending clients ranging from CDL license holders to licensed professionals, from politicians to rock stars, and even the homeless. *Justin understands how important your case is to you, and prides himself on always returning phone calls and being available 24 hours a day.*
The Commonwealth of Pennsylvania prosecutes DUI and criminal cases very aggressively. They have experienced prosecutors, police officers, and forensic technicians all working together to prove you guilty. If you lose, you may face jail time, license suspension, fines, and other long term damages such as losing your insurance or your job. Your rights, freedom, and livelihood are all at stake in the courtroom. You need a trial lawyer who will fight back with top-quality training, science, and guts: Attorney Justin McShane.
Attorney McShane believes knowledge is the key to successfully defending cases. As a result, Attorney McShane holds a training resume that cannot be matched by any other DUI or criminal defense attorney in Pennsylvania. As an active member of the National College of DUI Defense (NCDD), Justin devotes over 350 hours per year attending advanced legal training and certification courses nationwide. Some highlights of his DUI and Criminal Defense qualifications are: Attorney McShane has also authored several textbooks on DUI Law in Pennsylvania and maintains two blogs: Pennsylvania DUI Blog and The Truth About Forensic Science.
Attorney McShane is a graduate of the prestigious Georgetown Preparatory School in North Bethesda, Maryland. He matriculated at Franklin & Marshall College, where he was named a Marshall Scholar – the college’s highest academic scholarship. As a Marshall Scholar, Attorney McShane studied European Criminal Law and Procedure at the University of Limerick in the Republic of Ireland. After graduating from Franklin and Marshall College, he attended the Pennsylvania State University Dickinson School of Law, where he specialized in criminal defense. In his rare moments away from the firm, Justin donates his time to worthy causes such as the Pennsylvania Innocence Project, the Special Olympics, PAWS and the Boy Scouts of America. He is an Eagle Scout who always believes in the Boy Scout Motto of “Be Prepared” and has served as an elected member of the Central Dauphin School Board.

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 and remains on faculty today. 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 is 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. An avid multi-gun competitor and precision rifle shooter, he trains combative skills, CQB, and long distance precision shooting. He is also an executive who works for The 46th, an Oklahoma-based FFL07/SOT02 company. He practices concealed carry every single day. He shoots at least 4 days a week and is an avid hand loader of both precision rifle rounds as well as pistol rounds. He has received training from many luminaries in the firearms/combatives industry including the training by Jim Kauber, Steve Stovall, Bob Welch, Rich Nance, Kelly McCann, Dave Spaulding, Tom Alibrando, Craig Douglas. A former starting 118 pound NCAA Division I wrestler, and multi-time Junior world champion/world record holding/national champion powerlifter (198 and 200 pounds), Attorney McShane still trains combatives 5 days a week and engages in full-contact sparring with a multi-discipline black belt martial artist (Choy Lay Fut) once a week.

  • 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)
  • 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)
  • SuperLawer in Criminal Defense/DUI: DUI (2014, 2015, 2016)
  • Named to "Super Lawyers - 2014" Super Lawyers Magazine
  • 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)
  • Super Lawyers Rising Stars in Criminal Defense: DUI(2011, 2012, 2013)
  • 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)
 
Total Anticipated Hours of Training/Instructing = 240 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, PA)
November
  • 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 Ionization Detector and Mass Spectrometry and High Pressure Liquid Chromatography (a lecture laboratory course) XIX” (48 hours of training with lecturing) (Chicago, IL)
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)

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

Attorney McShane (Chairman/CEO) is a trial attorney who specializes in using forensic science in defending the citizen accused among us who has been alleged by the Government to be in violation of the law. He is nationally known and well-regarded for being a skilled and fierce litigator, but is also well known for his strong understanding and in-depth knowledge in all forms of forensic science.

Firearm Certificates and Training

DUI Certificates and Training

Membership Cards

Seminar Nametags

Letters of Acceptance or Recommendation

DUI Publications

DUI Books

DUI Equipment

Other Credits

Featured Reviews

Atlanta’s top DUI attorney, William "Bubba" Head, endorses Justin McShane:
Michigan’s top DUI attorney, Patrick Barone, endorses Justin McShane:

Justin McShane and his entire staff made me feel like they took my case personally and really cared about a suitable outcome of my case. All my calls and questions and emails were answered very quickly. Heidi was especially helpful and very professional. I would highly recommend The McShane Firm for any representation.
C.A - DUI


View Original Testimonial

Attorney Justin McShane and his team fought the fight for me and never gave up.... It was quite the battle, but his impeccable representation and performance rendered justice. I was cleared of all charges and am so thrilled to be moving on with my life!
DUI


View Original Testimonial

The Mcshane firm is very knowledgeable, and handled my case very quickly, I recommend this firm to anyone who is seeking a attorney Justin McShane he's the best Sincerely JLG
JG - Probable Cause, Traffic Stop


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From Clients

I was well represented and we did the best we could with a bad situation. I had many charges thrown out and the offense was effectively pled to a lesser charge.
P.H - DUI


View Original Testimonial

Justin McShane and his entire staff made me feel like they took my case personally and really cared about a suitable outcome of my case. All my calls and questions and emails were answered very quickly. Heidi was especially helpful and very professional. I would highly recommend The McShane Firm for any representation.
C.A - DUI


View Original Testimonial

The McShane Firm did better for me than I ever could have imagined. They got me a full dismissal. Justin's knowledge of DUI law and procedures was extraordinary. He saw my case the whole way thru my preliminary hearing and a refile by the state. He was even ready to go to trial if that's what it took. The McShane firm not only got me the results that I was looking for, but treated me like real person rather than just another client. They answered every question that I had as well as walked me thru any problems that I encountered along the way. I would definitely recommend them to all of my friends and family. Thanks again Justin and the McShane Firm.
Melissa - DUI


View Original Testimonial

Attorney Justin McShane and his team fought the fight for me and never gave up.... It was quite the battle, but his impeccable representation and performance rendered justice. I was cleared of all charges and am so thrilled to be moving on with my life!
DUI


View Original Testimonial

The Mcshane firm is very knowledgeable, and handled my case very quickly, I recommend this firm to anyone who is seeking a attorney Justin McShane he's the best Sincerely JLG
JG - Probable Cause, Traffic Stop


View Original Testimonial

From Peers

Attorney Eric Ganci, San Diego CA

Justin has been, and continues to be a role model for myself, and for many other attorneys across the world. His command on science is unreal. But he also possesses a special talent: he can take huge complex issues, and break them down so they can be understood by everyone. His personality shines as a teacher/professor, and his drive really inspires everyone around him to push themselves to greatness. His approach is one of honesty; objective honesty. And that's exactly what we need to keep in the Courts across this nation.

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Attorney Mark Cogan, Portland OR

I was referred to Mr. McShane by a colleague who was impressed by his expertise and diligence. Mr. McShane graciously agreed to work with us as local counsel in an important matter pending in Federal Court. In doing so, Mr. McShane demonstrated his dedication to performing in the highest tradition of the Bar. Mr. McShane strikes me as a smart and dedicated attorney. I will not hesitate to refer clients to him whenever I have the opportunity to do so. I know Mr. McShane will work hard for any client who comes into his care.

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Attorney Peter Marek, Stockton CA

He is the preeminent authority on DUI/DWI in PA. He is a skilled trial lawyer with excellent contributions. reviews and standing amongst his peers. If you want the best PA DUI/DWI attorney than schedule a consultation.

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Attorney Christopher Basner, Haddonfield NJ

Attorney McShane's in depth knowledge of DUI law and the science behind DUI defenses make him a top choice for DUI lawyers in the Harrisburg area! I have seen him in court; he is a zealous advocate.

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Attorney Tad Nelson, Houston TX

Let's just start with Justin is great! I have known Justin for about 8 years. I am older than Justin by at least 10 years. I have been Board Certified by the Texas Board of Legal Specialization for 19 years..... NOBODY, and I mean nobody has done for my practice and my understanding of the science of criminal defense, especially DWI defense than Justin McShane. This young man is a great lawyer, this young man is an amazing teacher, this young man is an unbelievable litigator, but most of all this young man is a great person that is a great friend and at the end of the day when you hire a lawyer if you hire one that isn't a great person, one that is morally bankrupt you really have hired nothing! So go hire Justin, you will be lucky because you have a great lawyer...I will be lucky too, not because I too have a great lawyer, but because I have a great friend! ONEI CAN BE PROUD OF!

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Attorney David McKenzie, Fairview Village PA

I have known Mr. McShane for many years now. I can say with absolutely no reservation that Mr. McShane is one of the finest lawyers in his field. He is attentive and accommodating to his clients. He is tenacious in the courtroom and his legal prowess is second to none. I highly recommend Mr. McShane.

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Attorney Dana Palmer, Mckinney TX

Justin McShane is nationally recognized as a go-to expert in DWI defenses

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Attorney Brian Sullivan, Lynnwood WA

Mr. McShane is nationally recognized as an outstanding advocate and stellar courtroom litigator.

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Attorney Mary Mendini, Durham NC

I highly endorse this lawyer and would recommend without hesitation him to anyone who is charged with impaired driving in the Harrisburg PA area.

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Attorney Jay Cohen, Grand Rapids MI

The Attorney that other Attorneys turn to for education, assistance, and guidance.

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Attorney Jay Cohen, Houston TX

Justin is the kind of lawyer that raises the bar for all defense lawyers. Justin is on a mission to educate others, juries, judges, and other lawyers. He is always more than happy to take the time to answer questions at any time of the day. I highly endorse this lawyer. Thank you!

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Attorney Matthew Fry, Saint Louis MO

Justin is an excellent attorney. He is always working hard to serve his clients. Not only is Justin very knowledgeable on the law, he is always willing to help his fellow lawyers in the community.

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Attorney Jason Korner, Saint Louis MO

The work that Mr. McShane has done in the field of DUI defense is truly inspiring. He has the ability to think outside the box to find new ways to challenge the results of chemical tests in DUI cases. He is one of the rare attorneys that makes the other attorneys in his field better.

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Attorney Scott Athen, Owings Mills MD

Justin is on the forefront of DUI defense both in the State of Pennsylvania, and Nationally. Pennsylvania does not recognize specialties in Legal practice, and although he can't hold himself out as a "specialist", Justin took the extraordinary steps to become the first and only lawyer in Pennsylvania to be BOARD CERTIFIED in DUI defense. There is not another lawyer I would even THINK about sending someone to for a DUI other that Justin. Hands down Justin is the BEST DUI lawyer in Pennsylvania.

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Attorney Christopher McCann, Santa Ana CA

I've seen Mr. McShane's work and heard him speak at seminars. He is by far one of THE best DUI lawyers in the COUNTRY. If I needed a DUI lawyer, without a doubt I would hire this guy. Simply the best.

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Attorney Lawrence Wines, St. Peters MO

He is one of the most knowledgeable and talented DUI/DWI attorney I know. His contributions to the profession by being an author, lecturer and sharing information on the NCDD list serve is unparalleled. Simply he is the best of the best. If I had to vote for the number one DUI/DWI attorney in the United States he would get my first place vote. There are many great DUI/DWI attorneys out there but there is only one Justin McShane. If you are charged with a DUI/DWI in Pennsylvania and you don't hire Justine, then you just made a huge mistake. He has my ultimate respect and trust.

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A judge of the Franklin County Court of Common Pleas

Counsel [McShane] is known to the Court as a zealous advocate for his clients, meticulous in his creation of a record for appellate review, and dogged in his pursuit of any issue which could accrue to the benefit of his client. In his usual fashion, attorney McShane meticulously created a record of the encounter between the two, and citing the applicable law argued for dismissal of the juror. [Attorney McShane engaged in] the effective, tactical cross examination of the witness and the investigating officers.

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Attorney Jon May (May & Cohen P.A.)

Justin is an extraordinarily dedicated advocate who cares very much for the profession and his clients. There are many lawyers who have reputations that are undeserved; some were never any good to begin with and others were great once but have lost the passion for their work. Not Justin. He's the genuine article

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Attorney Jon May (Miami, FL)

I recently consulted Justin on a scientific matter that had arisen in a white collar criminal case in federal court in Houston. All I can say is that I was more than impressed with the breadth of his knowledge and his evident dedication to the profession. He is exactly the kind of lawyer I would retain if I needed representation.

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Attorney F. Powers, Charlotte NC

Justin McShane is a top notch lawyer. He is known both as a formidable advocate and creative legal mind. I respect his work ethic, his dedication to the craft of practicing law and his shining example of excellence in the legal community. Justin is smart, tenacious and compassionate. It gives me great pleasure to endorse him. Counsel and the accused would be well advised to contact him immediately if you need sound, experienced legal advice.

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Attorney James McKinney, Nashville TN

I endorse this lawyer's work. I met Justin at A Blood Alcohol testing seminar recently. Any DUI lawyer that attends these types of seminars is leader in the area of DUI defense.He presented a short lecture on a recent case he tried .The defenses were excellant. I highly reccomend Justin for anyone charged with a crime in Pennsylvania.

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Attorney David Franks, Lake In The Hills IL

Justin McShane is an extremely knowledgeable, dedicated and energetic attorney. A zealous advocate, he keeps on the “leading edge”of, and immerses himself in, all aspects of DUI defense. Creative, articulate and highly skilled. If there is a weakness in the prosecutor’s case, McShane will find it. Justin McShane is a prosecutor’s worst nightmare.

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Attorney Bruce Robinson, Esq., Owner, Law Offices of Bruce Robinson

Justin is a talented and energetic attorney who has both the capability and the contacts to get things on behalf of his clients. However, he doesn't just stop there, Justin goes the extra distance to bring those around him up to speed such that everybody advances as a result of the detailed and comprehensive work that he does. This reference is born out in the superior results he continually achieves on behalf of client's in very difficult situations.

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Attorney Jamie Balagia, Owner, Law Office of Jamie Balagia, P.C./DWI DUDE

Justin has risen quickly into the advanced ranks of our national DUI Defense Attorney group with his non-stop assault on excellence. Justin is constantly developing new strategies and defense theories for his clients and is always quick to respond to our requests for assistance. I have attended national DUI training seminars with Justin and his commitment to our profession is a breath of fresh air. I have not seen a more thoroughly prepared attorney than Justin and wholeheartedly endorse him as an absolute warrior in the courtroom.

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Attorney William C. Head, Senior Partner, Head, Thomas, Webb & Willis, LLC

Justin is a serious attorney who understands and empathicizes with the clients he represents. He studies the law and criminal trial practice techniques continuously. His level of dedication to knowing any and every angle for winning his clients' cases is refreshing, especially when I see so many attorneys ready to plead their clients guilty at the first court appearance. For an attorney in the first decade of law practice, I don't know how any Pennsylvania attorney could be better prepared for handling DUI and criminal matters than Justin. He walks the walk and talks the talk --- of acquittal.

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Attorney Evan M. Levow, Managing & Senior Partner, Levow & Associates, P.A.

Justin is a dedicated warrior for his clients. As an adversary, get out of his way, as he is determined to do the right thing for his clients. As a potential client, do whatever you can to hire him, as he is your best hope for a positive outcome in your case. I am continually impressed by Justin's work ethic and abilities.

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Attorney Lenny Stamm, Owner, Goldstein & Stamm, P.A.

Justin McShane is an extremely capable and motivated young attorney who spares no effort in defense of his clients. He is smart and dedicated and has taken advantage of every opportunity to advance his knowledge in pursuit of improving his courtroom skills.

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Attorney Bruce Edge, President, Edge Law Firm, p.c.

Justin is the attorney you want if you are in trouble. He is obsessive about the law and has created the most impressive library of information at his fingertips. He is constantly assisting other attorneys throughout the U.S. when they are stumped. He is tireless and single-minded when it comes to defending his clients. Justin is a warrior.

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Attorney Christopher Cessna, Owner/Attorney, Cessna Law Office, LLC.

December 9, 2008 Dear Justin: I hope this letter finds you well. I wanted to take a moment to tell you how much I enjoyed seeing you last week at our DUI seminar in Atlanta, and to thank you for always being so unselfish with your time and knowledge of DUI defense when we get a chance to visit. It has been a real pleasure getting to know you over the past few years. Ever since meeting you at one of our National College of DUI Defense seminars, I have come to find that although we are privileged to be part of such a small, prestigious group of truly accomplished and nationally known DUI attorneys, you are one of the more innovative and respected among their peers inside this very select group. Thank you for sharing your defense strategies and your overall knowledge on how to beat these very difficult cases. As one very well known DUI attorney said, “If it were easy, everybody would be doing it.” But we know that the vast majority of attorneys simply are not capable of winning these cases. Well, now I know why you do win so many. I learned more from you last week in Atlanta from our discussions on our private list-serve on how to beat a DUI than I have while spending over $15,000.00 a year traveling to these high priced expert seminars. I always enjoy seeing you, and I rest easy knowing that if nothing else, as long as I get some time to visit with you, I will always leave our seminars a much smarter attorney than when I came. Great seeing you! Thanks again for your fine company and your expertise on how to beat these seemingly unbeatable cases! Sincerely, Christopher H. Cessna

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Jan Semenoff, Owner, IT&D Ltd.

Justin, and his firm, offer well-reasoned and strong defenses for their clients. Justin will be a strong advocate for his clients, and will argue tenaciously in court. Justin has a strong knowledge of the science of breath alcohol testing, and has spend a great deal of time and money bettering his understanding, and the understanding of his associates, in the intricacies of alcohol testing.

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Attorney Bob Keefer, Attorney, Keefer Law Firm PLC

Justin is very hard working and extremely knowledgeable about DUI defense. Justin has impressed other members of the National College of DUI Defense with his understanding of the science behind these cases as well as the depth of his library – not something easy to do.

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Alfred Staubus, President, A & A Consultants, Inc.

Justin McShane is a highly knowledgeable and effective attorney in the area of DUI defense. I am extremely impressed with his ability to recall and provide critical scientific literature references needed to document the faults in the state's testing of DUI suspects. He is a pleasure to work with and I highly recommend as the best DUI defense attorney in his part of the country.

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Attorney Bob Battle, Owner, Virginia DUI, Traffic & Criminal Law

As a Virginia DUI lawyer, I realize how complex of a specialty it is for those with the desire to reach the top of this niche. Justin McShane has proven that he not only has the desire but the talent which have made him an amazing DUI Lawyer. Not only does his knowledge of the complicated technical aspects of issues surrounding the field tests, breath machines and blood tests surpass 99.9% of all lawyers, but it is his ability to translate this knowledge into effective and persuasive trial issues for his clients that makes him one of the country's finest DUI defense lawyers.

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Attorney Donald Ramsell, Owner, Ramsell & Associates LLC

Justin McShane is the penultimate DUI Attorney. He has infinite resources available to defned a DUI case, and he has the highest of skills to get the job done. In short, if anyone can beat a DUI, it's Justin McShane. Quite frankly, Justin McShane knows more about how to win a DUI than 99% of the attorneys that I see out there claiming to be experts in the field. Justin McShane has earned a spot as one of the top DUI attorneys in the country by proving that he can win the unwinnable. I would advise anyone arrested fro a DUI to have their case reviewed by Justin. Justin McShanes lawfirm is recognized in the field of DUI defense for Justin's high skill levels. These high skill levels are also evident in all of the associates and employees at Justin's law firm. He demands and receives the best from his highly talented staff of attorneys.

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Attorney Andrew Alpert, Owner, Meng & Alpert, LLC

Justin McShane is one of a group of young lions in the DUI defense bar. He has had unparalleled success in defending DUI cases in central Pennsylvania as well as other criminal matters. As a former Public Defender with extensive death penalty cases, 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 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.

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Attorney Steven Fagan, Principal Partner, Fagan, Fagan & Davis

Justin McShane is a hard-working, zealous, unrelenting advocate for his clients. The amount of knowledge Justin has acquired on the topic of DUI defense matters is vast, including an enviable amount of scientific literature that knows how to put to use. Very few lawyers in the country have acquired the skill and knowledge necessary to successfully navigate the toughest of DUI matters, but Justin is certainly one of them, and constantly strives to be a better advocate for his clients every day. I highly recommend Justin to anyone who wants the chance to hear those two sweet words - "Not Guilty!"

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Attorney Mark L Stevens, Lawyer, Law Offices of Mark Stevens

Justin is nationally recognized as a top gun DWI defense attorney. He is highly intelligent, zealous and committed to winning. I recommend Justin highly.

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Attorney Brian Leininger, Owner, Leininger Law Offices

Justin McShane has earned the reputation as the top DUI defense lawyer in Pennsylvania. The key to his success is his relentlessness in turning over every stone to find whatever will help his client win an acquittal. I frequently consult Justin for ideas on my own cases.

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Deandra Grant, Owner, Law Office of Deandra M. Grant PC

Justin is a top-notch attorney with training and experience that put him above his competitors. I would not hesitate to refer clients to him.

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Robert Leonard, Owner, Leonard, Rickman & Holloway, P.C.

Justin is one of the most creative and well prepared lawyers that I know. Whenever I have a complex legal question, Justin is one of the guys I go to first. Good friend, Great lawyer.

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Bruce Tarbox, Owner, Bruce Tarbox, P.C.

Justin's dedication to and expertise in the defense of those accused of driving while under the influence is respected by lawyers from across the country. When these lawyers have a question about matters of science and the law, Justin is a reliable and ready resource. Client's can trust that he will provide the best defense possible. I recommend him without reservation.

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Braden Pollock, Owner, Legal Brand Marketing, LLC

Justin is an outstanding lawyer and businessman. He has proven to be honest and of the highest moral and ethical standards. I highly recommend Justin and his firm for your legal matter or for any other business relationship.

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Attorney Glen Neeley, Owner, Glen W. Neeley, Attorney at Law, P.C.

Justin is a member of the National College of DUI Defense. He is one of the best of the best at defending clients in DUI defense. Attorneys nationwide look to Justin for advice on how to defend their clients. Justin attends several cutting edge seminars each year to stay steps ahead of the oppositions. It is without hesitation that I recommend Justin McShane.

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Troy McKinney, shareholder, Schneider & McKinney, P.C.

Justin's work in keeping up with the science and the law of DWI Defense goes well beyond what most lawyers consider adequate, but his desire to help his clients get the best possible result means that adequate is not enough.

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Attorney Victor Carmody, Jr., Managing Attorney, Victor W. Carmody, Jr., P.A.

Justin McShane is one of the most prolific and detail orientated Attorney's in the field today.My office has had referrals from his office and all of our staff have been impressed with the professional manner in witch Justin has handled these matters.I would highly recommend Justin to all who seek his services.

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Attorney Cory Yager, Associate Attorney, Head, Thomas, Webb, & Willis LLP

I have had the opportunity to meet and discuss DUI/DWI issues with Justin at several advanced level DUI/DWI seminars. Justin is very knowledgable in the field of DUI/DWI law and is very passionate about defending his clients. Justin is always willing to share his ideas and he is a leader in the DUI/DWI industry.

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Attorney J. Matthew Guilfoil, Managing Member, The Guilfoil Law Group, L.L.C.

I met Justin through the National College of DUI Defense, which is a group of the best DWI attorneys in the country who meet several times a year for the best training lawyers can get in the field. Of all of the amazing attorneys in the group, Justin stands out as one of the best I have met in the country. On a listserve full of great minds that bounce ideas, Justin's knowledge and ability to think outside the box on the most difficult cases and fact patterns presented is unsurpassed. I would highly recommend him to any client needing to win at all costs.

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Linda Callahan, CEO, Callahan Law

Justin McShane is a dynamic attorney, aggressive in defense of his clients, and a leader in the field of DUI defense, demonstrating his superior knowledge of forensic breath and blood testing technology. When facing a DUI charge, it is important that a person retain an attorney who has the cutting-edge knowledge, skill and talent to bring credible challenges to the evidence the prosecution presents. Mr. McShane is that attorney and I strongly endorse him.

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Attorney Tracey Wood, member, NCDD

Justin is an excellent dui attorney who possesses an astonishing ability to recall just about every scientific study in the area. He gets my highest recommendation.

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Attorney Vincent Tucci, President, California DUI Lawyer's Association

Justin McShane works tirelessly on behalf of his clients. His skill and reputation are only outmatched by the effort he puts forth for every client he is privileged to serve. I would highly recommend Mr. McShane to anyone looking to hire a DUI attorney in Pennsylvania.

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Brad Schreiber, Criminal Justice Lawyer, The Schreiber Law Firm

Justin McShane's dedication and devotion to his clients is unsurpassed. His knowledge and skill as an advocate are unparalleled. His drive and motivation make him an obvious choice for anyone who needs their rights protected. He cares about you and what happens to you when others only say they do.

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Attorney Stephen Hamilton, Owner, Boatwright & Hamilton, LLP

Attorney Justin McShane is a powerful advocate for his clients. He is always prepared and very successful in the courtroom. His scientific knowledge and preparation is amazing. He knows and understands science and can apply it in a "common sense" approach way that jurors and judges can understand. Without a doubt, Justin McShane is a TRIAL ATTORNEY. He fights hard for all his clients and works tirelessly. If you need a Criminal Defense/ DWI attorney in Justin's area, there is nobody else that I would hire.

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Attorney Robert Baska, Partner, Baska & Favata

Justin is one of the most knowledgable and aggressive DWI/DUI defense attorneys I know. He shares his experiences willingly, and I look forward to each nugget. If you are lucky enough to have Justin as your attorney, you have a tireless champion on your side.

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Attorney Craig Rosenstein, Scottsdale AZ

I've met Justin at various DUI seminars around the Country. His commitment to his client's is evident in his unending desire to be the best attorney anywhere. His library of valuable and pertinant studies is the envy of attorney's nationally. I highly recomend Justin to anyone accused of DUI.

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Attorney Cory Yager, Atlanta GA

I first met Justin at a Blood and Urine Seminar held in Atlanta, Georgia that focused on the science behind DUI/DWI blood and urine testing. Justin showed his knowledge of this area of DWI law during the course and also shared many other trial tactics and strategy ideas to try to get the best results for accused drivers. Since then I have seen Justin at many other courses including a San Diego Blood and Urine Course where he was invited to be a speaker. Justin is always willing to do whatever he can to be the most prepared and knowledgeable DUI lawyer he can be. More than that Justin has a passion for DUI/DWI defnese and is willing to share his knowledge with anyone who is willing to listen. Justin is a top notch DUI attorney and I highly recommend him.

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Attorney Brian Leininger

Justin is the top DUI defense attorney in Pennsylvania. He gets great results for his clients through hard work.

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Attorney William Head, Atlanta GA

Justin is a dedicated, determined and dependable advocate for his clients. He is as serious about defending people charged with criminal offenses as any accused citizen could ever want to find. Hire him with confidence.

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Attorney Steven Fagan

Justin McShane is an excellent and knowledgeable attorney. He works tirelessly for the benefit of his clients.

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Attorney Bruce Robinson

Justin's a good man and a fine attorney. Very comprehensive and well connected.

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Attorney Evan M. Levow

Justin is one of the greatest DUI lawyers in the country. His litigation skills are top notch, and his knowledge of DUI literature is off the charts. Anyone lucky enough to have Justin McShane as his or her attorney in a DUI case has one of the greatest DUI warriors to be had in the battle.

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Attorney Bruce Edge

Justin is a consumate lawyer. He is a fighter but also has a wealth of knowledge at his finger tips. He is the man you want protecting you in a time of need.

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Attorney Mark Stevens

Justin is widely regarded as an expert in all aspects of DWI defense. I highly endorse him as a criminal defense attorney.

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Attorney Alfred Staubus

Justin McShane is an outstanding defense attorney with a wonderful, helpful staff. He knows both the legal and scientific aspects of defending DUI cases. He is the top DUI defense attorney in the state of Pennsylvania. I highly recommend Justin.

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Attorney Linda M. Callahan

Justin is a brilliant lawyer and a warrior for his clients.

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Attorney Mary Catherine McMurray

Justin's knowledge and familiarity with the literature continually amazes me. He is an incredible resource and contact.

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John Piotrowsky

Justin and I were classmates and teammates at Franklin & Marshall College. Justin is an individual with high integrity and strong moral character. I realized early on in our friendship that Justin was the type of person I wanted to be associated with. He consistently demonstrated a work ethic and desire to win that was second to none. This characteristic contributed to his success as an accomplished Division I wrestler and outstanding academic student at F&M. Justin's relentless determination to achieve excellence carried over into his professional career as a lawyer. He takes the same tenacity he displayed on the wrestling mats at F&M into the courtroom. Justin puts 110% of his effort into each client 's unique situation to achieve a positive outcome. Without question, I can say that Justin will fight to the bitter end defending his clients. It gives me great pride to highly recommend Justin for any future endeavor he decides to pursue.

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Attorney Jaime Balagia

Justin has exploded onto the national DWI trial lawyer scene over the past few years with a fresh approach to defending the Constitution and his clients. Justin is always willing to stop what he is doing to help out his fellow trial lawyers and I am glad to call him a friend. Justin is driven towards successful defense of his clients. It shows in his presence at the best national training seminars, the certifications he has attained, the cross examination strategies he has shared with me and through his ever expanding DWI library. Justin is always developing new theories on advancing the interests of his clients by staying one step ahead of the State when it comes to knowledge and dedication to work.

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Attorney Jon Saia, Columbus OH

Justin is an excellent DUI attorney. Justin's reprutation for blazing new trails in DUI defense is unmatched. I highly recommend retaining Justin as an attorney.

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Attorney Robert Baska

I learn every day from the knowledge this outstanding DUI/DWI attorney shares with his peers. He is a skilled and aggressive litigator, and no one works harder. If you are lucky enough to have him as your attorney, you are in the best of hands.

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Attorney Linda Callahan, Seattle WA

I strongly endorse Justin McShane. He is extremely knowledgeable in the science and law involving alcohol-related offenses. He attends many, if not all of the advanced legal seminars in DUI science, forensics and technology. He is aggressive in defense of his clients and he is a perfectionist--he strives for the best result possible in every case.

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Attorney Timothy Bussey, Colorado Springs CO

You want an educated advocate to fight for you on your DUI case? Call Justin. I know Justin from the National College for DUI Defense Attorneys. Justin knows the science and the law behind DUI prosecutions. Justin is a top shelf DUI defense attorney.

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Attorney Steven Fagan, Des Plaines IL

Justin McShane's knowledge of DUI is exhaustive - which matches his work ethic perfectly. The client who trusts his case to Justin makes a wise decision, and I highly recommend his work.

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Attorney Darryl Genis, Santa Barbara CA

I endorse this lawyer's work. Mr. McShane works hard for his clients, and gets great results. His knowledge of the law, procedure and science is top shelf. He really cares for his clients, and it shows in the passionate way that he advocates for them. The prosecutors fear him, and the judges respect him. If he is your lawyer, you are certainly in good hands.

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Attorney Richard Kodzis, Millersville MD

I have had the pleasure to closely observe Attorney McShane, and have assisted him in a matter. He is one of the most dedicated and prepared attorney's I have observed in my fifteen years in practice. He is absolutely dedicated to his clients. One of the VERY BEST.

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Attorney Karen Missimer, Glendale WI

Justin's encyclopedia of scientific defenses is impressive. But even more impressive is his ability to explain those defenses to juries in plain English! He is a DUI warrior; and I would not hestitate to recommend him to a family member or friend in need.

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Attorney Joshua Dale, San Francisco CA

This Pennsylvania lawyer rocks - you should not miss an interview with Justin should you need a consultation about a DUI or criminal case. Mr. McShane and his crew continue to fight cases w/ knowledge and experience.

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Attorney Deandra Grant, Plano TX

Justin is an excellent advocate for his clients. He has a keen knowledge of both the law and the science related to DUI/DWI cases. I would not hesitate to refer a client to him.

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Attorney Allen Trapp, Carrollton GA

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.

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Attorney Brian Leininger, Overland Park KS

I have gotten to know Justin McShane through the National College for DUI Defense and have seen him rise to a highly respected position. He is one of the first people I turn to for advise and brainstorming on my most difficult cases.

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Attorney Donald Ramsell, Wheaton IL

Justin McShane is one of the most knowledgeable, well-liked, and creative DUI/DWI defense attorneys in the country. I do not hesitate in stating that clients would be well-advided to hire Justin McShane and his firm for any case.

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Attorney Manny Daskal, Eureka CA

Justin has an incredible ability to understand and provide necessary assistance related to complex issues of law and science, particularly as related to DUI/DWI law.

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Attorney Robert Leonard, Marietta GA

Justin is one of the most creative and well prepared lawyers that I know. Whenever I have a complex legal question, Justin is one of the guys I go to first. Good friend, Great lawyer.

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Attorney Kelly Case, The Woodlands TX

Justin McShane is the lawyer that other lawyers go to for answers to their difficult cases. His work ethic and knowledge set him apart from others. I highly recommend him.

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Attorney Edward Loss, Glendale AZ

Justin McShane and I are both long-time members of the National College for DUI Defense. Justin is well respected as one of our most scientifically knowledgeable members and enjoys a national reputation as one of the finest DUI lawyers in the country.

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Attorney William Head, Atlanta GA

Justin brings a yearning to succeed to the table as a criminal defense attorney. He trains himself and his staff attorneys at the highest level to be ready to attack any flaw in the State's case or any prevarication by a police officer who guesses that Justin will not have found the "smoking gun" in the case. This pride of preparation is not something that can be taught to a trial lawyer --- it is self-generated. Justin has earned my endorsement through hard work and dogged determination to be the best attorney in Pennsylvania.

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Attorney Patrick Barone, Birmingham MI

Justin is fast becoming known nationally as a top DUI defender. He is gaining this reputation by sharing his knowledge and his access to scientific works with other lawyers, thereby demonstrating his commitment both to the profession as well as to his clients. Justin has an excellent understanding of the law and science involved in drunk driving defense, and he will do everything possible to win his client’s case. If Justin agrees to take your case then you can rest assured that he will leave nothing to chance, and will do everything to maximize your chances of winning. I highly recommend him.

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Attorney Andrew Alpert, Upper Marlboro MD

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.

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Attorney William Bly, Biddeford ME

Justin is one of the best DWI attorneys I know. Period. If I were unfortunate enough to find myself on the wrong side of the law, Justin McShane is the first and only attorney I would turn to. His breadth of knowledge and commitment to his clients is truly amazing. He is a tireless and zealous advocate who has developed a reputation for fearlessness in the courtroom. When any attorney has a question regarding DWI work, Justin always has the answer. He is without peer in Pennsylvania and I count myself fortunate to count him as not only a colleague, but a very good friend as well.

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Attorney Stephen Hamilton, Lubbock TX

Attorney Justin McShane is a powerful advocate for his clients. He is always prepared and very successful in the courtroom. His scientific knowledge and preparation is amazing. He knows and understands science and can apply it in a "common sense" approach way that jurors and judges can understand. Without a doubt, Justin McShane is a TRIAL ATTORNEY. He fights hard for all his clients and works tirelessly. If you need a Criminal Defense/ DWI attorney in Justin's area, there is nobody else that I would hire.

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Attorney Bruce Robinson, Baltimore MD

I endorse this lawyer's work. I have known Justin now for a while, and while I agree he might want to do something about his picture I can say with great enthusiasm he is one of the most motivated and detailed lawyers I know. He is constantly pushing himself and his team forward in the unending quest for legal knowledge; not only does he attend continuing education seminars regularly but he provides the same training for his people. Additionally, he puts on his own seminars for the benefit of other lawyers. He is very well versed and aggressive. Excellent choice.

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Attorney Douglas Aaron, Manchester TN

This fine attorney is known and respected throughout this nation. While I do not live in Pennsylvania (I live in Tennessee), I communicate with Attorney McShane on a regular basis. At a recent conference in San Diego California, Attorney McShane was selected to deliver a presentation on how he successfully fought and won a recent case when the government's chemical test showed Attorney McShane's client was more that four (4) times the legal limit for blood alcohol. Other presenters included the foremost experts in the world (Sweden, Canada, United States) on DUI/DWI topics. Attorney McShane understands complex topics and can speak about them at length with no preparation. His library of books and artices on issues involved in DUI/DWI is sought after by attorneys throughout the country. I could not give Attorney McShane a higher endorsement. He is truely a hard working and intellectually dominant attorney.

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Attorney Gary Pirosko, Denver CO

I met Justin through the National College for DUI Defense and attended the most advanced DUI blood testing seminar in the country with him. He is one of the most intelligent and innovative DUI attorneys I have ever met. I would send a family member to him for representation without hesitation. And, as a former DUI police officer, DUI defense investigator, DUI prosecutor, and DUI defense attorney, I know a LOT of DUI attorneys. He's the best!

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Attorney Theodore Vosk, Bellvue WA

Justin McShane is quickly gaining a national reputation as an outstanding criminal defense attorney. Regardless of the charge, Justin is a true champion for his clients, even achieving results many other more seaseoned attorneys would find almost impossible. I cannot recomend Justin highly enough. If I were charged with a DUI in Pennsylvania, Justin would be the first lawyer I called.

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Attorney Reviews for McShane

The Superior Court of Pennsylvania has issued a decision in the case of _COMMONWEALTH of Pennsylvania v. Daniel Eugene LANDIS, II, Appellant,_ 2108 MDA 2012 (April 8, 2014), an appeal from the Court of Common Pleas of Juniata County, Judge Kenneth A. Mummah, Criminal Division, CP–34–CR–0000167–2010.The Panel was composed of Judges BENDER, WECHT and FITZGERALD who wrote the Opinion. There was no dissent. The Appellant appealed from a judgment of sentence entered in the Juniata County Court of Common Pleas after a jury found him guilty of, /inter alia,/ DUI-highest rate of alcohol.Appellant claimed that he 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 Panel agreed and ruled that the Appellant was entitled to a new trial on the count of DUI—highest rate of alcohol because 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. Section 3802(c) of the Motor Vehicle Code provides that: An individual may not drive, operate or be in actual physical control of the movement of a vehicle after imbibing a sufficient amount of alcohol such that the alcohol concentration in the individual's blood or breath is 0.16% or higher within two hours after the individual has driven, operated or been in actual physical control of the movement of the vehicle. 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 accurate 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. Yohe - The firm once again finds itself involved with the Supreme Court of the United States. We recently filed a petition in the High Court for Writ of Certiorari. This is the case where we argued the NMS labs Henry-Ford-Assembly-line-like forensic science method violates the 6th Amendment’s Confrontation Clause. We presented the following question: The United States Constitution’s Sixth Amendment guarantees criminal defendants the right to a fair trial – including the right to confront “witnesses” against them. Here, the government introduced a forensic toxicology report via a “witness” who reviewed and confirmed laboratory analysts’ work – but did not perform, observe, or have any personal connection with the analysis. Does a “witness” who reviews and confirms others’ work violate the Confrontation Clause” In other words, who is the “witness” against the defendant? At trial, the government did not present the particular witness from NMS Labs who physically conducted the accused’s blood analysis. Instead, the government and NMS presented only the PhD who reviewed the data generated by the particular witness. Trial counsel, the McShane Firm’s own Attorney Shawn Dorward, timely objected—making a complete proffer to preserve the Confrontation Clause error. Attorney Dorward carefully preserved his objection under both federal and state law. The trial court overruled the objection and allowed the “surrogate” witness to testify in lieu of the particular witness. Despite Attorney Dorward’s best efforts, the Judge disagreed with Dorward at trial and returned a guilty verdict for the BAC count, but found the accused not guilty of DUI: General Impairment. Never losing sight of the Constitutional harm, Attorney Dorward again asserted error in a well-written post-sentencing motion and accompanying legal memorandum. Sometimes, judges change their minds. And, upon reviewing the “surrogate’s” testimony and the presented arguments, the trial court agreed the government violated the accused’s Constitutional rights. At the time this all happened, the trial court was bound by the case Commonwealth v. Barton-Martin, which held that a violation of confrontation required the charge at issue to be dismissed. Despite the binding precedent of 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. A hearing was scheduled for this motion; however, prior to the court date 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 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 justices in the Superior Court, in a published opinion, held the testimony of the “surrogate” was sufficient Confrontation for the accused. Attorney Dorward then enlisted the help of Attorneys Justin McShane and Josh Auriemma to perfect a petition for allowance of appeal to the Pennsylvania Supreme Court. Typically, Pennsylvania’s highest court grants very few of these motions—but the court granted it here. The Court wanted to help guide the issue and hear the lawyers on both sides argue the issue. On that appeal to the Pennsylvania Supreme Court, several organizations wrote amicus briefs—“friends of the court”—including: the National College for DUI Defense Attorneys (NCDD); the Pennsylvania Association of Drunk Driving Defense Attorneys (PADDDA); the Pennsylvania Association for Criminal Defense Lawyers (PACDL); and the Philadelphia Defender Association. Ultimately, after the Court received briefs from the accused, the government, and the interested organizations, the case went to oral argument. Attorney Dorward argued the case before the Pennsylvania Supreme Court. Sadly, the Pennsylvania Supreme Court affirmed the Superior Court’s decision. Following the Pennsylvania Supreme Court’s affirmation, The McShane Firm, LLC went to the mat. With the hard work of Attorneys Justin McShane, TC Tanski, and Shawn Dorward as well as Richard Roberts, a law student intern, the firm drafted and filed a Petition for Certiorari with the United States Supreme Court. Now that we’ve filed the Petition, it’s up to the United States Supreme Court to either deny the petition or grant it. Once a Petition is granted by the High
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 full order in the case of Commonwealth of Pennsylvania v. Schildt
A ruling signed by all four judges of the Court of Common 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 announced that it would discontinue blood testing at GSH and instead send all blood samples to the state crime lab in Harrisburg for testing. Lebanon County Blood Testing Ruling
Co-authored with Leonard Stamm, Esquire and Ron Moore, Esquire, the successful joint National College for DUI Defense, Inc. and National Association of Criminal Defense Lawyers’ amicus curiae brief to the Supreme Court of the United States in the case of Bullcoming v. New Mexico 09-10876. On June 23, 2011, the Supreme Court of the United States sided with Bullcoming and the amicus brief issuing a sweeping opinion that affirmed the arguments presented by Bullcoming and amici counsel creating “The Particular Witness Rule.”
Commonwealth v. 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 theory 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 alleged 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 decision. Less than 20 cases per year are accepted for en banc review by the Superior Court.
Commonwealth v. Karns 50 A.3d 158 (2012) (PDF) Mr. Karns was found guilty of DUI Highest Rate (BAC above .16%) by the trial court upon evidence from a blood test that reported 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 present any evidence of a conversion factor. During his cross-examination, Attorney McShane exposed 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 conversion 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 evidence 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 driving count, but guilty as to the lesser charge of DUI high Rate (BAC greater than 0.10 but less than 0.16). At trial Attorney McShane argued that the testing method of the Good Samaritan Hospital did not result in a whole blood BAC expression. Pennsylvania law requires that the BAC be an expression of whole blood. Post-sentencing motions were denied by the trial court. The panel of Justice at the Superior Court agreed with Attorney McShane’s original contention that scientifically and factually the result that produced by the Good Samaritan Hospital is not that of whole blood and that no conversion factor was introduced as required. As a result, the Superior Court overturned the conviction. Mr. Zerphey was totally acquitted of all charges.
Commonwealth v. Longenecker (PDF) After a finding of guilt as to the DUI per se charge of having a BAC above 0.16, the lawyers at the McShane Firm argued in a post-sentencing motion that the evidence was legally insufficient to sustain a conviction as to this most serious count of DUI. The trial court agreed and overturned the conviction. In doing so the trial court evaluated the Blood Alcohol Content (BAC) testing used in Lebanon County and held that the BAC testing that is used in is an indirect enzymatic test of the supernate. It is not a test of an accused’s whole blood. When the non-whole blood is tested, the scientific community acknowledges that the result is not only inaccurate but inflated and over-reported as was argued in court. Pennsylvania DUI law requires that there be a BAC based upon whole blood, not what was tested by Good Samaritan Hospital. This type of scientific-based challenge has been advanced before with success leading the WellSpan-related and later the Geisenger-related hospitals to stop offering testing in their hospitals for police prosecution. On November 12, 2009, the hospitals issued a press release announcing this. The Superior Court of Pennsylvania, who evaluates trial court decisions, has repeatedly found this method to be insufficient as a matter of law. (A recent unpublished opinion and a published one- Commonwealth v. Renninger, 682 A.2d 356 (Pa. Super. 1996)) For greater information, you are referred to The McShane Firm's Pennsylvania DUI Law Blog.
Commonwealth v. Lutz (PDF) At trial the District Attorney’s Office presented the lab technologist from the Good Samaritan Hospital (GHS) who performed chemical testing on Mr. Lutz’s blood. The GHS staff reported the results as a whole blood result. After skillful cross-examination, the Attorneys of the McShane Firm exposed this assertion that it was a whole blood result as being inaccurate. Under Pennsylvania law in order for there to be a conviction, an accused’s Blood Alcohol Content must be expressed in terms of whole blood. A Motion for Judgment of Acquittal was made and granted by the trial court resulting in the per se DUI count being dismissed.
Commonwealth v. Jennifer Barton Martin (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 accused 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 state¹s previous precedent.
  3. Failure to do #2 even if the defense in its case calls the analyst, does not cure Confrontation violation.
  4. A result is not a new trial, but vacating of the conviction with jeopardy.
The Court ruled as follows: ³Because the Commonwealth did not summon at trial the analyst who prepared Appellant¹s lab report, we conclude that Appellant¹s rights under the Confrontation Clause were violated and that the lab report showing her blood-alcohol content was inadmissible. Without that evidence, Appellant¹s conviction under § 3802(c) cannot stand and we therefore vacate her judgment of sentence as to that offense.²
Commonwealth v. Angel Valle-Valez (995 A.2d 1264, 2010 PA Super 99) The Superior Court of Pennsylvania held as a matter of first impression, spousal privilege applied to testimony of defendant's wife, even though the couple had separated, no longer held themselves out to be married, and had filed for divorce, and spousal privilege is not limited to confidential communications. Defendant was the ³lawful spouse² of his estranged wife, for purposes of spousal privilege, even though defendant and his wife had separated, no longer held themselves out to be married, and had filed for divorce, and defendant's wife had become engaged to another man; filing of divorce complaint did nothing to affect the marriage under the law absent entry of divorce decree, and plain statutory language would not be disregarded in pursuit of the spirit of the privilege. A spouse does not waive the spousal privilege by sharing the nature of the information with third parties. Where the spousal privilege applies, the witness may refuse to testify and may not be compelled to take the stand. Spousal privilege is not limited to confidential communications.
Commonwealth v. Christina Houtz (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 insufficient 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 Pennsylvania held that knowledge on part of police officer who stopped defendant's vehicle, that an individual had complained that a vehicle matching the description of defendant's vehicle and license plate number was involved in ³drug activity,² was insufficient to serve as basis for a reasonable suspicion of criminal activity; officer did not observe any conduct by defendant that would corroborate tip provided to dispatcher, and tipster did not provide any information about individuals allegedly involved in ³drug activity² or specify what the ³activity² was. Allowing Commonwealth to call as witness the informant whose tip led to stop of defendant's vehicle would not have satisfied Commonwealth's burden, in opposing motion to suppress evidence obtained during that stop, of establishing existence of reasonable suspicion; defendant did not contest the content of information provided, but rather whether the information itself was sufficient to serve as basis for reasonable suspicion.
This case involved a Petition to Compel the Commonwealth to provide a duplicate copy of a computer hard drive for expert analysis in a child pornography case. Under Federal Law, a duplicate copy of the hard drive will only be provided to an expert to view in the government’s facility. This greatly restricts the expert’s ability to perform a comprehensive analysis of the hard drive because the expert is not able to bring his full reference library and all of his equipment. Additionally, it forces the expert to work with unfamiliar systems. The Court held that Federal Law did not supercede the Pennsylvania Discovery Rules and therefore issued a protective order for our expert to receive the mirror image hard drive and perform comprehensive analysis. This provides the Defendant with the opportunity to fully address the alleged evidence against him. The full order in the case of Commonwealth of Pennsylvania v. Michaels
Police received a dispatch from an individual at a movie theater who stated that they saw the Defendant fall over and that there was a bottle of wine under the seat. The caller then followed the Defendant to his vehicle and stated that he appeared intoxicated. The caller then provided the police with the Defendant’s license plate number and make and model of vehicle. Police identified the vehicle and began to follow it. While the police were following the vehicle, the vehicle was observed traveling below the speed limit and touched the yellow line. The Officer candidly testified that she did not witness a violation of the motor vehicle code or driving that would cause her to pull the vehicle over. I was successful in arguing that the police officer did not have reasonable suspicion to stop the Defendant’s vehicle and therefore all evidence acquired after the stop was inadmissible. Specifically, the Caller identity was never disclosed and therefore his tip had to corroborated by the Officer following the vehicle. The Court held that the Officer did not have sufficient independent observations to corroborate the tip and that the stop was not valid. The full order in the case of Commonwealth of Pennsylvania v. Francis
The Defendant was accused of Driving Under the Influence. An Officer followed the Defendant's vehicle and observed the vehicle leave its lane of travel on several occasions. The Officer than performed a traffic stop and had the Defendant perform standard field sobriety tests. The Defendant was then taken Gettysburg Hospital for a blood test. The Gettysburg Hospital blood test stated that the Defendant's Blood Alcohol Concentration was .231%. At trial, a Jury convicted the Defendant of DUI with a blood alcohol content of above .16%. However, we were able to successfully appeal this verdict and the trial court awarded a new trial. Specifically, the Trial Court held that the weight of the evidence did not support the blood alcohol result. The full order in the case of Commonwealth of Pennsylvania v. Angles
After observing the Defendant’s vehicle on two (2) separate occasions, and for a total of a mile to a mile and a half, Trooper Finkbiner effectuated a stop. His alleged basis for doing so was that he observed the vehicle cross the white fog line and the dotted white line separating the two lanes of travel by a tire’s width for a matter of seconds each time. “Under the totality of the circumstances, the Court finds that Trooper Finkbiner did not have reasonable suspicion that the Defendant was in violation of the vehicle code, therefore not having the requisite cause to make a stop. The full order in the case of Commonwealth of Pennsylvania v. Matthew Lee Kull

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