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New Publication by Attorney McShane

On January 20, 2012, in Justin McShane Qualifications, by Justin McShane
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PA DUI Attorney Justin McShane authors another publication about DUI defense.

PA DUI Attorney Justin McShane authors another publication about DUI defense.

One of the things I really love to do is share my research and knowledge with other lawyers to help them defend their clients.  The defense of justice shouldn’t be limited to just Pennsylvania.  Part of this commitment is authoring works on complex legal and scientific subjects.

Recently a new publication was released: Defending DUI Vehicular Homicide Cases, 2012 ed.: Leading Lawyers on Understanding DUI Cases, Developing a Thorough Defense, and Negotiating Settlements in which I authored a chapter entitled: Navigating the Complexities of a DUI Vehicular Homicide Defense.

You can view a complete list of my publications: http://www.themcshanefirm.com/attorneys/mcshane/.

Once again, this is an honor that recognizes my hard-work and expertise in the field of DUI defense.  For a free consultation with a qualified expert Pennsylvania DUI lawyer please call 1-866-MCSHANE.

The National College for DUI Defense (NCDD) sponsors the most intensive and advanced DUI training seminars an attorney can attend.  Not only do the Pennsylvania DUI attorneys at The McShane Firm regularly attend these seminars, I have been invited to present my research at the 2012 NCDD Winter Session to be held in Orlando from Jan. 19-20, 2012.  My presentation is entitled “Why there is no Science in Evidentiary Breath Testing”.

DUI breath testing is completely unscientific. We are gambling with people's lives.

DUI breath testing is completely unscientific. We are gambling with people's lives.

Briefly, DUI breath testing as it is used today was developed in the 1950′s and has remained largely unchanged since tat time regardless of the fact that science has completely evolved.  DUI breath testing machines use an indirect method to produce a result and this method is not specific to ethanol.  Many other substances, even some that are naturally produced in our bodies, can confuse the machine into producing erroneous readings even in people that are completely sober.  On top of this, the software that these machines use have never been scientifically validated and there is an absence of oversight when it comes to making sure the machines are checked for its calibration properly.  When all of this is taken into account, it is clear that thousands of people are being tested daily on inaccurate and unvalidated technology.  DUI breath testing is a complete crap shoot.

Once again, it is a tremendous honor to be selected to speak at such a prestigious event which once again shows the recognition my work has received in the broader legal community.

Why The McShane Firm?

On January 4, 2012, in Advanced Legal Training for DUI, The McShane Firm, by Justin McShane
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If you were one of the many Pennsylvania drivers who were arrested for DUI over the holidays, then this is probably a very confusing time for you.  The fact of the matter is, many people arrested for DUI have no previous criminal history and this is their first experience with the criminal justice system.  As experienced Pennsylvania DUI Lawyers, we advise you to find the very best legal representation you can hire to ensure your rights are protected.  DUI is not a minor offense.  If convicted you will face stiff punishments and this conviction will remain on your permanent criminal history for FOREVER.

The Pennsylvania DUI Lawyers at The McShane Firm have the Knowledge, Experience and Dedication to Fight Your Case

The Pennsylvania DUI Lawyers at The McShane Firm have the Knowledge, Experience and Dedication to Fight Your Case

The time is act is now.  Do your research and find the most experienced lawyers you can find.  The best DUI lawyer for you should have real courtroom DUI experience.  The best DUI lawyer for you should routinely be taking DUI cases to trial and fighting them.  The best DUI lawyer for you should be one who is well-respected by his or her peers with public endorsements and multiple invitations to speak across the nation. The best DUI lawyer for you should be one who has many different testimonials from former satisfied clients. If you find an attorney who does not regularly take DUI cases to trial, does not have the public respect of his or her peers, does not have a ready list of satisfied former clients or does not speak nationally to other lawyers, scientists, judges and policy-makers, then you are best served looking elsewhere because it is clear that this attorney is not interested in becoming the best, is not the best and is not routinely utilizing all the legal options available for the good of their clients.

At The McShane Firm we are committed to excellence in DUI defense.  We guide ourselves by three core values:

Knowledge: We attend intensive DUI training seminars that focus on the laws and science in DUI cases. No attorney in Pennsylvania has a training resume that can match ours.

Experience: We take DUI cases to trial on a regular basis. No law firm in Pennsylvania takes as many DUI cases to trial as the attorneys at The McShane Firm.  We have fought DUI homicide, DUI death, Homicide by Vehicle while DUI, Aggravated Assault by Vehicle While DUI, DUI accident, DUI drug, DUI-CDL, DUI underage and frankly every type of DUI case you can imagine.

Dedication: We are ready to use every legal avenue to defend your rights. We are not a plea mill and we limit the number of cases that we take in a year and handle at any one time to make sure that we have the time and the ability to fight for you. We have an experienced a dedicated support team, a full-time private investigator and a dedicated DUI appeals team and we are ready to use all these resources to fight for you.

If you want to protect your liberty and defend your rights- call 1-866-MCSHANE for a free, detailed case evaluation.

Public defenders play an important role in our criminal justice system. I am proud of my days as a public defender. I personally think they do God’s work with no budget.  They provide an essential safety net for those who cannot afford to hire representation in a criminal matter.  There are many very good public defenders out there who are professional and thorough when representing their clients.  However, common themes such as lack of oversight, absence of specialized legal training, high turnover, and excessive case load plague public defenders offices all over the country. It is a really big problem.

You will have almost no chance of winning your case if you choose the wrong attorney.

You will have almost no chance of winning your case if you choose the wrong attorney.

Recently the American Civil Liberties Union of Pennsylvania released  a report on their on-going investigation of the Allegheny County public defender’s office which highlighted the plight of this department.  As a result of mismanagement and an unprofessional culture, the ACLU concluded that the County defender’s office was violating the constitutional rights of those accused of crimes and resulting in extra jail time for clients.

Allegheny County defender’s office problems violate rights of accused, ACLU says

Poor management and lack of training for new lawyers in the Allegheny County public defender’s office are violating the constitutional rights of those accused of crimes and costing the county millions of dollars in extra jail costs, an ACLU report has concluded.

Many people opt for public defenders under the assumption that the attorney assigned to them will be able to secure the best possible result. However, all lawyers are not equal. Experience, knowledge and professionalism play a big part in courtroom success.

A criminal case like a DUI is a very serious legal proceeding and one that will effect you for the rest of your life if you are convicted. This is why it is in your best interests to do your homework and make sure you choose the best attorney to represent your case (Please see how to choose a DUI attorney in PA).

If you have any questions in regards to a Pennsylvania DUI or criminal matter, please call 1-866-MCSHANE for a free detailed case consultation.

PA DUI Attorney Justin McShane was recently published in The Champion Magazine

PA DUI Attorney Justin McShane was recently published in The Champion Magazine

The recent Supreme Court Ruling in Bullcoming v. New Mexico has a significant impact on DUI cases. The ruling established “The Particular Witness Rule” which mandates that the forensic analyst who performed the actual test must be available in court and cannot be substituted by an supervisor or other expert.

Recently, “The Champion” Magazine, the official publication of the National Association of Criminal Defense Lawyers (NACDL), published an article by Attorney Justin McShane, Josh Auriemma and Sebastian Watt on this landmark case. The article is entitled:
A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion?

Once again, being published in a prestigious legal journal underlines the level of experience that Attorney McShane has and his acceptance by the legal community.  If you want to put Attorney McShane’s knowledge and experience to work for you, please call 1-866-MCSHANE for a free consultation.

Your Pennsylvania DUI Attorney Justin McShane has been very busy defending motorists in PA and also training lawyers around the country in the scientific aspects of DUI cases.  In the past few years, Attorney McShane has been invited to lecture numerous times at seminars sponsored by the Texas Criminal Defense Lawyers Association (TCDLA).

In recognition of his tireless work, the TCDLA issued an official proclamation honoring Attorney McShane.  You can see the video below:

This is just another example of how his peers in the legal community view Attorney McShane and his achievements.

Attorney McShane wishes to thank the TCDLA, its membership, its president Gary Trichter and all of the organizations that invite him to come and speak to their members. [Video used with permission from TCDLA.]

Pennsylvania DUI attorney Justin McShane has always been known across the legal fraternity as someone willing to teach and help other lawyers become better.  He has an extensive speaking resume and has lectured at some of the most advanced DUI seminars in the nation.  Recently, Attorney McShane was honored for his services by the Texas Criminal Defense Lawyers Association (TCDLA).

PA DUI Attorney Justin McShane is honored by the TCDLA

PA DUI Attorney Justin McShane is honored by the TCDLA

By way of background, the Texas Criminal Defense Lawyers Association (TCDLA) is the largest state association for criminal defense attorneys in the nation. TCDLA started more than 40 years ago as a small, non-profit association and has grown into a state-of-the-art organization, providing assistance, support and continuing education to its members. TCDLA provides a statewide forum for criminal defense lawyers and is the only voice in the legislature interested in basic fairness in criminal defense cases. \Among its 3100 members are found the “who’s who” of the criminal defense profession in Texas.

TCDLA hosts more than 45 seminars each year, providing the highest quality legal education available for new lawyers, as well as seasoned veterans. Attended regularly by members, non-members, judges and professionals in related fields, its yearly seminar attendance has increased to approximately 4500 people seeking to continue their educational opportunities.

The executive committee of the TCDLA recently issued a proclamation honoring the services of Attorney Justin McShane.

The proclamation reads as follows:

Whereas, Justin J. McShane, a member of the Pennsylvania Bar Association and a criminal defense attorney who zealously represents citizens accused of crimes; and

Whereas, he is a skilled and fierce trial lawyer who uses his in-depth knowledge in all forms of forensic science in the courtroom; and

Whereas, he has unselfishly shared his time and his knowledge with his fellow defenders and with the members of the Texas Criminal Defense Lawyers Association on many occasion; and

Whereas, he has an absolute commitment to his clients, to professional excellence through education and to scientific truth in the courtroom; and

Whereas, he exhibits the finest qualities of a criminal defense lawyer with singular mission to improve justice through science and education of his fellow members of the criminal defense bar:

Therefore it is hereby proclaimed that the Executive Committee of the Texas Criminal Defense Lawyers Association on behalf of its members, directors, and officers hereby publicly HONORS our friend and colleague JUSTIN J. McSHANE and expresses our profound GRATITUDE for his extraordinary service to the TCDLA; Hereby proclaimed on this the 11th day of August, 2011.

Texas Criminal Defense Lawyers Association

J. Gary Trichter, President

This is indeed a huge honor and a strong endorsement of Attorney McShane’s knowledge of DUI and his commitment to excellence.  Attorney McShane is recommended and trusted by lawyers across the country and is recognized as being amongst the elite DUI attorneys in the country.  If you need to hire the very best DUI attorney, please call 1-866-MCSHANE.

We all live under the hanging sword of a false DUI conviction.  You can protect yourself by contacting PA DUI Attorney Justin McShane.

We all live under the hanging sword of a false DUI conviction. You can protect yourself by contacting PA DUI Attorney Justin McShane.

My personal aim is to be the very best DUI attorney in Pennsylvania and in the United States. A big part of that is keeping myself on the cutting edge of legal and scientific knowledge to best defend the interests of my clients.  As part of my extensive research and learning, I serve as an active member of the American Chemical Society (ACS) which is an organization of scientists, not lawyers.

I am pleased to announce that I will be lecturing before the ACS for the third  time on August 30, 2011 at the National Meeting in Denver.  My paper is entitled: State of forensic science in America today.  Is it scientific at all?  Is there a path forward?

The current state of the nation’s crime labs is really pitiful. There is no oversight. The labs are not following scientific standards. The technicians are often biased in favor of the police for whom they work. Forensic labs scandals are all to frequent. The current state of affairs is horrid, error-prone, unreliable and unscientific. The real tragedy lies in the number of people falsely convicted by this broken system.

Forensic reform is an issue we should be talking about be worried about because we all live under the hanging sword of a false conviction.

At The McShane Firm we are committed to providing the best DUI defense in PA.  This is why we have expanded our team of PA DUI Attorney by adding two talented attorneys Bryan DePowell and Josh Auriemma.  Both of them understand the high standards of excellence in DUI defense we stand for at The McShane Firm and they are working hard to become the best DUI lawyers they can be.

PA DUI Attorneys DePowell and Auriemma have completed the ARIDE certification course

PA DUI Attorneys DePowell and Auriemma have completed the ARIDE certification course

Part of being the best is attending advanced DUI training, even those courses designed for police officers.  Attending these courses allows us to highlight the shortcomings of the techniques the police use and keep us ahead of them as far as DUI expertise goes.  Being highly trained translates to success in the courtroom because our attorneys understand the procedures police officers are supposed to follow and can expose them if they deviate from those procedures.

Recently, Attorneys DePowell and Auriemma attended a certification course in Advanced Roadside Impaired Driving Enforcement (ARIDE) which is a program developed by the National Highway Traffic Safety Administration (NHTSA) with input from the International Association of Chiefs of Police (IACP). The goal of the course is to provide officers general knowledge related to drug impairment.  This is an advanced course for police officers and the majority of DUI police officers in PA have not reached this level of certification.

This week, both Attorneys DePowell and Auriemma will be attend drug recognition expert (DRE) training which is the highest training course NHTSA offers for police officers in impaired driving.  This course trains officers in the standardized 12-step evaluation DRE protocol used to identified driver impaired by drugs for DUI drugs cases.

If you have questions on DUI drugs and would like to meet with a qualified PA DUI attorney please call 1-866-MCSHANE.

Attorney McShane has unmatched credentials as an expert attorney in analytical chemistry matters. No attorney in the country can match the body of knowledge and study he has. He has been recognized numerous times for his outstanding knowledge about forensic science and once again will present a research paper at another prestigious scientific convention.

Attorney McShane uses his extensive knowledge of forensic science to fight PA DUI Cases.

Attorney McShane uses his extensive knowledge of forensic science to fight PA DUI Cases.

From February 21-26, the American Academy of Forensic Sciences (AAFS) will hold its 63rd Annual Meeting in Chicago. Attorney McShane has been accepted to present a paper entitled Limitations of the Assay: Gastroesophagel Reflux in BrAC Measurements.

There is a lot of science involved in DUI cases and only an expert DUI attorney with extensive knowledge of the science and chemistry involved in these cases.  Attorney McShane is a respected expert attorney who frequently lectures on scientific topics at advanced DUI seminars across the country.  If you are charged with a DUI in PA, you should keep in mind that these are very serious charges and will result in severe criminal penalties if you are convicted. If you want to bring the best DUI attorney in PA, one who is recognized as a scientific expert to fight for you then call 1-866-MCSHANE.