Finding the right lawyer to represent your Pennsylvania DUI case can be a tough task.  There are thousands of attorneys in PA who practice DUI cases.  However, there is a huge difference between the amateurs and the true DUI authority.  That is why we have put together the series The PA DUI Attorney Challenge to serve as a guide for the citizens accused of a Pennsylvania DUI. So far we have discussed:

1. The importance of  Advanced DUI Training
2. Board Certified in DUI Law
3. Why lawyers should  take DUI Cases to Trial
4. How lecturing on advanced DUI topics show a higher level of experience

In this post we will discuss: DUI Publications

Being an author is not easy.  Putting your ideas and research out there for all to see and critique requires a tremendous amount of knowledge and confidence especially when writing about highly technical topics related to DUI in publications read by attorneys, scientists and judges across the country.  This is why authorship is an excellent indicator of the level of knowledge of the lawyer you are investigating.  Lawyers are usually published once they have attained a high level of experience and recognition in the legal community and have conducted independent research.

As one of the foremost authorities in the field of DUI law, I have authored a number of works dealing with:

1. Pennsylvania DUI Law
2. DUI Breath Testing Equipment
3. Forensic Science
4. Gas and Liquid Chromatography
5. Standardized Field Sobriety Testing
6. Defense Strategies in DUI Cases

Here is a detailed list of my DUI publications:

• McShane, Justin J. and Lee, Josh “Electro-Chemical Based Portable Breath Testing: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside” submitted to The American Shcmical Society and will be part of a presentaion at their national meeting held in Anheim in 2011
• McShane, Justin J., “In the Defense of the Police at Roadside: The Officer Isn’t Always Lying: The Drug Recognition Expert Program as an Case Study for an Epistemological Based Defense” in galley review
• Citron, Joseph and McShane, Justin J., Phlebotomy: Forensic & Medico-legal aspects (Lawyers and Judges Publishing) anticipated release date 2012
• McShane, Justin J., “Gas Chromatograph-Flame Ionization Detector for Forensic Determination in ETOH-based per se DUI Prosecutions: Introduction and Explanations of the Limitations of the GC-FID Assay” in J. Gary Trichter, ed., W. Troy McKinney, ed., Texas Drunk Driving Law, 4th ed., (Newark, NJ: LexisNexis, 2008), in process.
• McShane, Justin J., “How to Attack Gas Chromatography with Mass Spectrometry or Liquid Chromatography with Mass Spectrometry Driving Under the Influence of Drug cases” in Don Bartell ed., Mary Catherine McMurray ed., and Anne ImObersteg ed., Attacking and Defending Drunk Driving Tests (James Publishing, 2008), in process
• McShane, Justin J., “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”, shortly to be submitted to The Journal of the American Chemical Society
• McShane, Justin J., Marley, Wanda, Citron, Joseph, and Gengo, Francis “The Top Ten Points in Establishing a Viable and Scientifically Based GER/GERD Defense to Evidentiary Breath Testing Cases”, submitted to The Champion for review and publication.
• McShane, Justin J., “The Inability to Quantify: Values that are Outside the Demonstrated Linear Dynamic Range of Detection Lead to the Impossibility to Prove Guilt Beyond a Reasonable Doubt”, shortly to be submitted to the Pennsylvania Bar Association Quarterly.
• “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), 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, 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).

In addition to these print publications, I maintain two blogs Pennsylvania DUI Blog and The Truth About Forensic Science.

Knowledge is the key to successfully defending DUI cases and authorship is one of the highest forms of scholarship.  Ask your prospective attorneys about the how many DUI publications they have authored and it will help you determine how much knowledge they really have.

Justin McShane

PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.