PA DUI Attorney Justin McShane has been invited to speak at the highly regarded “Making Sense of Science” Seminar hosted by the National Association of Criminal Defense Lawyers. The title for this seminar is ” Forensic Science and the Law”.
Attorney McShane has been invited to give a lecture entitled “Pharmacology for Lawyers.“ Pharmacology is the study of how the body interacts with different substances, most importantly for a criminal defense lawyer, it is how the body interacts with drugs including alcohol. This is a very important field for lawyers defending DUI and DUI-Drugs cases because much of the argument in these cases revolves around whether or not the driver was impaired by these substances at the time of driving or within a set period of time.
This is an area of expertise for Attorney McShane as he has spent countless hours researching this subject and has even authored a number of research papers on the subject. He has also covered this in a blog series called: Pharmacology for Lawyers.
If you are charged with a DUI, DUI Drugs or other drug related crime and are looking for an aggressive, knowledgeable and experienced lawyer to fight your case, please call PA DUI Attorney Justin McShane at 1-866-MCSHANE.
When you are facing a Pennsylvania DUI case involving blood evidence, you need an experienced and knowledgeable attorney to defend your case. Understanding DUI blood testing involves having a high level of knowledge in many disciplines of science. If your lawyers does not understand blood testing, you will have almost no chance of winning your case.
Hiring a Pennsylvania DUI lawyer with expertise in blood testing is vital to the outcome of your case.
Making the right choice is important and that is why we suggest that you ask your lawyer the following questions about DUI blood testing:
1. Can you explain the details of how my blood test was performed?
Most lawyers believe that blood test cannot be challenged in court which couldn’t be further from the truth. (See our series Challenging DUI Blood Evidence.) This is because they really don’t understand how blood testing is performed. This is why you should ask for details, so you can judge the level of expertise of the lawyer you are considering. Ask additional questions like “How do they determine the level of ethanol in the blood?”, “What is a calibration curve?” and “What is a separation standard?”. Remember, if this attorney can’t explain these concepts to you, they won’t be able to explain it to a juror.
2. How many cases with blood test have you taken to trial where an expert witness was called in to testify?
Many big name attorneys do not challenge DUI blood cases in court. They may challenge breath test cases but not blood cases. If the attorney you are questioning does not regularly test DUI blood cases then they probably lack the level of expertise required to fight your case.
3. Have you ever been asked to lecture at a legal or scientific seminar on the issue of blood testing?
Lecturing in front of lawyers, judges, scientists and policymakers requires a high level of mastery of the science behind DUI blood testing. It is one thing to understand the science of DUI blood testing and another thing to be able to present your ideas and research in front of an audience of peers and experts in the field. If your lawyer has not lectured on the subject, they might not have complete mastery of the science involved and that may reflect in the form of poor results in your case.
Understanding DUI blood testing is a very important part of being successful in DUI defense and you should do your due diligence in finding an attorney who not only understand the science involved, but can also explain it to you.
The PA DUI Attorneys at The McShane Firm are experts in DUI blood testing.
In my years as a PA DUI Attorney, I have learned that the ability to challenge DUI blood evidence is a vital skill that can help win many cases. This is because there is a common myth that DUI blood testing is accurate and precise. Prosecutors treat it as if it is the “Holy Grail of DUI evidence” the venerable results of which cannot be challenged. I have personally encountered prosecutors who challenged me by saying, “It’s a blood test. How can you possibly question the results?” only to watch as their case was dismissed or the Jury or Judge returned a not guilty.
In truth, DUI blood tests can be challenged successfully. We do it here at the McShane Firm every day. A well-educated and gutsy professional DUI lawyer should have in depth knowledge of the procedures used in DUI blood tests, the potential sources of error, understand how to cross-examine the analysts who performed the test, and be able to relate it to a judge or a jury in a way that makes sense to them, and is immediately actionable. As part of PA DUI Attorney Challenge, we have put together a series of posts devoted to DUI blood testing for the benefit of the citizen accused of a DUI. We hope that this information will help you by clarifying some common misconceptions and arming you with knowledge which can be vital to your case. Knowing the basics about DUI blood testing will also help you to determine which DUI lawyer is best for you.
If you are looking for a Pennsylvania DUI lawyer who is an expert in DUI blood testing, please call 1-866-MCSHANE for a free consultation.
As a respected DUI expert attorney, I have been invited to many DUI training seminars to share my expertise, particularly in the area of DUI blood testing. Gas Chromatography is the process used to measure blood alcohol content (BAC) and is considered by many prosecutors to be “invincible” and an “automatic conviction.” That is because most DUI attorneys do not have the expertise to be able to challenge this evidence properly. I have been able to use my scientific knowledge of this process in courtrooms across Pennsylvania and have been successful in defending my clients in the face of blood test evidence.
PA DUI Attorney Lectures on Gas Chromatography
Over the past few weeks I have presented at lectures about DUI blood testing at four major DUI training seminars across the country.
1. 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)”
The American Chemical Society is comprised mostly of scientists not lawyers. This is why this course is very important because it validates Attorney McShane’s scientific credentials in the field of analytic chemistry. This small group, week-long, hands-on laboratory course is Attorney McShane’s brainchild and legacy. The course is not only made up of instruction in the theory of Headspace Gas Chromatography with Flame Ionization Detector but also other forms of forensic chromatography and detectors such as Mass Spectrometry and diode array UV/Vis. The participants spend a full five days of actually preparing and operating the instrumentation. This is the third full course offered with two more full classes scheduled by the end of the year.
2. Texas Criminal Defense Lawyer’s Association “DWI Defense Project-DWI Science: What You Must Know to Win!”
At this one day seminar, Attorney McShane taught the attorneys present how to spot issues in DUI blood testing by teaching the basic principles of Headspace Gas Chromatography with Flame Ionization Detector that is used in determining Blood Alcohol Content. He was rated as the top-rated speaker yet again for his entertaining and informative presentation.
3. Maryland Criminal Defense Attorney’s Association seminar “7th Annual Advanced DUI Seminar”
At this day-long seminar, Attorney McShane was once again called upon to teach Headspace Gas Chromatography in a long format. Attorney McShane not only taught the basic scientific principles as he has done before, but also detailed advanced issues including resolution, sensitivity, selectivity and method validation issues.
4. The California Public Defenders Association “Third Annual Two-Day DUI Defense Practice Institute”
At this conference, Attorney McShane not only taught the attendees about Headspace Gas Chromatography with Flame Ionization Detector that is used in determining Blood Alcohol Content, but also took part in a panel discussion on best practices in defending all manners of DUI accusations.
If you are looking for a PA DUI expert, then call The McShane Firm. We challenge you to ask the hard questions and find the very best DUI attorney in PA to handle your case. When you meet with an attorney ask them about Gas Chromatography and when was the last time they lectured about the subject at a DUI seminar. Ask the tough questions and make the selfish decision to choose the very best lawyer to protect your freedom.
If you are convicted of a Pennsylvania DUI, you will face a number of severe penalties that will effect the rest of your life. Having the right DUI attorney at your side can make all the difference in protecting your rights and freedom. That is why we encourage you to to investigate and spend the time to find the best DUI lawyer in Pennsylvania. Here are some clues to help you evaluate the lawyers you meet:
- How much Advanced DUI Training does this lawyer attend?
- Is this attorney Board Certified in DUI Law?
- Does this lawyer take DUI Cases to Trial?
Attorney McShane has Lectured before the American Chemical Society
In this post we examine the fourth clue you can use in your search for the best DUI attorney in PA: DUI Lectures Presented.
There is a lot of law and science that isn’t taught in law school. Most of the specialization and technical aspects in a field like DUI is learned through continuing education seminars. These seminars are highly intensive and taught by preeminent experts in DUI law. I am proud to have been invited to lecture at a number of highly technical DUI seminars around the country. I have lectured on advanced DUI topics in front of defense attorneys, prosecutors, judges and police officers.
Some of my recent DUI lectures in 2010 alone include:
DUI Lectures
- instructed at the Alabama Criminal Defense Lawyer’s annual “Advanced DUI Topics” seminar on Blood, Urine and other analytical chemistry topics
- instructed at the Tennessee Association of Criminal Defense Lawyers annual DUI Seminar
- instructed at the South Carolina Association of Criminal Defense Lawyers “The Third Annual Reese Joye Memorial DUI Defense Seminar”
- 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)”
- instructed at orivate in-house training for Trichter & Murphy. PC entitled “How an Analytical Chemist Can be the Accused’s Best Friend Lessons 1-5”
- instructed at the Texas Criminal Defense Lawyers Association “Stuart Kinard Memorial Advance DWI Seminar” (.75 hours of lecture and 12 hours of training)
- instructed at the “Just Because You are an Expert…Doesn’t Make You Interesting” small group work shop seminar with Dr. Paul Homoly, CSP (twice)
- instructed at the California Association for Criminal Justice annual “Rules of the Road Seminar”-Palm Springs, CA
- instructed at the American Chemical Society Fall 2010 National Meeting & Exposition of the American Chemical Society the Title for the Session was: “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”
- instructed at the Platt and Associates seminar entitled “An Overview of the NHTSA/IACP Drug Recognition and Evaluation Course” 2 blocks of instruction “In the Defense of the Officer: Epistemology” and “An Introduction to Gas Chromatography: How an Analytical Chemist Can Be Your Best Friend”
- instructed at the Lorman Education Services teleconference “Pennsylvania DUI Case Law Update: A Massive Paradigm Shift-The Post Melendez-Diaz and Post-Chase World”
- instructed at the IDS Consulting Inc’s seminar “Behind the Secrets of Highway Drug Interdiction”
- 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)”
- instructed at the Impaired Driving Specialists’ seminar “NHTSA’s Standardized Field Sobriety Testing Practitioner “
- instructed at the 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
- instructed 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”
- instructed at the Connecticut State Public Defender’s Conference on “Short Course on Blood Toxicology” and “Drug DUI cases – Can they be Defended?”
- instructed at The 3rd Annual TheMcShaneFirm.com lecture series on Defending the Citizen Accused of a DUI by the Government 2010 topic “Introduction to Breath Testing” with Mary McMurray
That’s 14 different states. As you can see, these are highly technical seminars presented alongside other notable DUI experts and even to scientists doing research in the field. I suggest that to do that you need to have a very high level of understanding and a grasp of the technical concepts and information involved. Plus, you need to be able to take the complicated and hyper-technical and reduce it down to the understandable, which is no easy task.
Keep this piece of advice handy because it will help you distinguish the best PA DUI attorneys from the novices.
The PA DUI Attorney Challenge Part 2: How Technical are DUI cases?
There are close to 50,000 lawyers in Pennsylvania. Of those, there are thousands of lawyers who are willing to represent your Pennsylvania DUI case. So how does a person with no legal background sift through all of these lawyers to find the best DUI Attorney in PA?
If you don’t know what you are looking for, your never going to find it. That is I have put together this series- to help common citizens recognize the important traits of the best DUI lawyers. Before we get to that, we are tackling the question of Why do I need the best DUI attorney in Pennsylvania to handle my case? Last week we discussed the severity of Pennsylvania DUI Penalties and how a DUI charge can effect the rest of your life. Today we will deal with the question How technical are Pennsylvania DUI cases?
Highly Technical DUI Blood Testing Equipment
The short answer is that defending DUI cases (especially in Pennsylvania) requires a great deal of specialized technical knowledge. There are many different aspects, from the evidence to the laws, that make DUI cases very difficult to defend without the proper knowledge. In fact, it is often truthfully stated with no exaggeration that it is easier to defend a murder well than a DUI well. You just have to know a lot more.
DUI Tests- One of the most important pieces of evidence in any Pennsylvania DUI cases is the result of your blood or breath test. But just because the test report says your Blood Alcohol Content (BAC) is such and such, does not make it true. Everyone’s body is unique and there are a lot of variation. For example, there are some chemicals that your body naturally produces that breath machines might interpret as being drinking alcohol (ethanol). An expert DUI lawyer also needs to know about the inherit weaknesses of each type of test and possible sources of error and the limitations that every from of BAC testing has.
SFSTs- The Standardized Field Sobriety Tests (a.k.a DUI roadside tests) may seem very simple but they are also very technical. There is a specific methodology that needs to be followed when administering these tests to yield any scientific benefit. Sadly, according to expert research, 93% of the time officers incorrectly administer the DUI roadside tests. However, it takes a highly experienced expert to be able to challenge the inconsistencies in these tests.
Understanding Pennsylvania DUI Law- Pennsylvania DUI Law is very complex. There are different tiers and the penalties increase for repeat offenders. There are various legal options which may or may not be beneficial in your case. There are also various legal precedences which establish guidelines which need to be followed. For example, a blood test in and of itself is not admissible in court without the presentation of the person who administered the tests and without laying the proper legal foundation. There are also various constitutional issues that need to be examined like establishing whether or not there was probable cause to stop the driver in the first place.
Understanding Your Specific Situation- In my experience as a Pennsylvania DUI Lawyer who has represented several hundred clients, no two cases are the same. Every person is unique and so is their case. Some legal avenues are not applicable to certain people or situations. Some people like truck drivers and school teachers are in danger of losing their jobs. It requires a great deal of experience, care and attention to understand your concerns and your situation.
Beyond these aspects there are many other very technical aspects involved in Pennsylvania DUI cases. This is why it is in your best interest to take the time and investigate so you can find the best Pennsylvania DUI attorney to defend your case.
We Challenge You to Find the Best DUI Lawyer in Pennsylvania
There are close to 50,000 lawyers in Pennsylvania. Of those, there are thousands of lawyers who are willing to represent your Pennsylvania DUI case. So how does a person with no legal background sift through all of these lawyers to find the best DUI Lawyer in Pennsylvania?
How to Find the Best DUI Lawyer in Pennsylvania
At the McShane Firm, we want to help you-the citizen accused-make your decision based on facts and knowledge so you can hire the best attorney to help protect your rights. This is why we have put together this series “The Pennsylvania DUI Lawyer Challenge” to help guide those citizens who are looking to hire the very best attorney to handle their DUI case.
We begin this series by highlighting the importance of having the best DUI lawyer you can find, defend your Pennsylvania DUI case.
Do I Really Need the Best DUI Lawyer to Defend My Pennsylvania DUI case?
This is a common question people ask me: Do I really need the best very best lawyer to defend my Pennsylvania DUI case?”
Often times people have misconceptions about Pennsylvania DUI cases. First, many people think that these charges are minor and that they will get off with a “slap on the wrist” if convicted. Also people do not realize how highly technical defending DUI cases really is. Finally, I have found that many people think that any lawyer is good enough to defend a DUI case.
Once you realize how severe the penalties are, how highly technical these cases are and how every lawyer is not the same, you will agree that having the best Pennsylvania DUI lawyer on your side is the best move you can make. In today’s post we will tackle the first question: How Severe are the Penalties for a Pennsylvania DUI conviction.
Pennsylvania DUI Penalties are Very Severe
There are a whole host of severe legal penalties for a Pennsylvania DUI conviction that include prison, license suspension and fines. Beyond that are a host of other penalties such as:
- Effects on Employment – A Pennsylvania DUI conviction can have serious ramifications on your job. Although it is unethical to discriminate solely on the basis of a criminal conviction, in practice it is widespread. You may lose out on a really good job opportunity because of a DUI on your record.
- CDL License Suspension- Pennsylvania truck drivers and CDL holders can lose their commercial license because of a DUI conviction- even if it occurs in their personal vehicle.
- Occupational Licenses- Doctors, pilots, military personnel, teachers and lawyers could potentially face additional sanctions from their disciplinary boards which may include suspension or termination of their professional license.
- Financial Liabilities- A Pennsylvania DUI conviction will also effect your insurance premiums and trigger other costs you may not be aware of.
- Restrictions on Travel- You won’t be able to rent a car and you may not be issued a VISA for certain countries.
The threat of losing your driver’s license alone is enough reason to fight your DUI with the best lawyer you can find. Pennsylvania is a huge state and most of us are heavily dependent on our cars and often take our right to drive for granted. Just imagine not being able to drive. How would you get around to all the places you need to go? I have seen many people whose careers have been devastated because they could no longer drive and thus could not maintain their busy schedules and commitments.
Also keep in mind, a DUI conviction remains on your permanent criminal record FOR AS LONG AS YOU LIVE. That’s why I say: A DUI (like a diamond) is forever
Every Friday we will take a look at some of the most commonly asked DUI questions so that we can clear up any misconceptions and provide you with the most up-to-date and accurate information. Today:
I don’t know anything about law. How can I make sure I choose the best DUI lawyer?
This is really a great question because it touches on a subject that effects all of us in our daily lives. How can an average citizen rate an expert in a field without prior experience with that person?
We run into this situation all the time. For example, an average driver who doesn’t know about the intricate workings of an automobile engine may have a hard time finding out whether the local mechanic is a good one. So what would you do? You would probably try to find some information from an unbiased, experienced third party or maybe ask other mechanics in the area about the mechanic in question. You might ask former clients about their experiences as well.
Searching for a lawyer is very similar. You will want to find out about the lawyer’s background, expertise and what other lawyers think of him or her. For starters, there is a great website called Avvo that helps clients find information about lawyers and shows peer endorsements as well as client’s reviews as well. Many clients are using it and I think it is a useful place to start.
Additionally, a couple months ago I proposed a list of questions you should ask before choosing a DUI Lawyer. They are:
1. What specialized DUI training have you attended over the past year?
2. Do you actually take DUI cases to trial?
3. Do you own and know how to operate the breath test machines used by the police?
4. Are you recognized as a DUI expert by your peers?
5. Do you regularly speak at legal seminars about advanced DUI issues?
I truly believe that if you ask questions like these, you will be speaking from a position of knowledge and power and you will gain meaningful information that will help you choose the best DUI attorney for the particular facts and the particular science in your unique case.
If you would like to ask a question, please submit it via the contact us link.
-Justin J. McShane, Esquire, Pennsylvania DUI Attorney
I am the highest rated DUI Attorney in PA as Rated by Avvo.com
You can follow me on Twitter, Facebook or Linkedin
Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency
In our final installment of “How to Find a DUI Lawyer in Pennsylvania”, we will complete our analysis of the criteria and qualities you should consider when choosing a lawyer to fight your DUI case. The lawyer you choose should be:
And finally be qualified enough to lecture about DUI issues in advanced legal seminars.
Question #5: Do you regularly speak at legal seminars about advanced DUI issues?
In the legal field, there are many different associations and organizations that hold seminars for those seeking ongoing legal education. These include state and local bar associations, legal groups, and various state and federal agencies. We have discussed the importance of advanced and very specific legal seminars and how a DUI lawyer needs to keep up to date by attending them.
Attending these national legal seminars with the elite in the field is great, but being called on to instruct and present cases studies at these national elite seminars is an honor that not many lawyers can claim. As a proud member of this highly elite faculty, I have had the honor to instruct at numerous seminars and workshops. Here are some examples from just this past year:
1. Standardized Field Sobriety Test (SFST) Instructor
This training was held in Harrisburg in September 2008 and was attended by over 20 trial attorneys from across the country. One was from as far away as Maine. Being well versed in the SFST’s is essential for a DUI lawyer because there are many procedures that the police must follow while administering these tests. If they fail to do so, many times the evidence from the roadside tests get thrown out and jeopardize the ability of the Government to prove its case.
The attendees of this course were already certified as SFST practitioners and were seeking to be certified at the instructor level (which is the highest level of certification) as recognized by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP). I had the opportunity of hosting and instructing various modules of this seminar and participating in the rating systems that made sure that the attendees were indeed in line with the rigorous standards set forth in this curriculum and achieved proper certification.
2. Advanced Drug Recognition Expert (DRE)
This training was held in Harrisburg in June 2009 and was attended by over 30 lawyers from across the country. I am honored to have hosted and instructed at this seminar as well. The presenters were world renowned DUI experts like:
- Steven Obermann, President of the National College for DUI Defense (NCDD)
- Bruce Kapsack, nationally recognized DUI expert and Reagent for the NCDD
- Ron Moore, one of the nation’s foremost experts on forensic science and practicing attorney
- Andrew Alpert, recognized DUI expert
- Lenny Stamm, legal author and recognized DUI expert from Maryland; and
- Anthony “Tony” Palacios-lead instructor and former instructor for all NHTSA curriculum at the Georgia State Police Academy
This was a certification course for the attendees to be recognized as DRE’s as per the curriculum set forth by the NHTSA and the IACP. A DRE is someone who is supposedly qualified to determine if someone is driving under the influence of a controlled substance such as Percocet, Oxycotin, Xanax, or Ambien or other prescribed drugs or an illegal substance like marijuana and heroin. This course also included a practical session in cross examination and the total course was for 40 hours.
3. Traffic Law Practices in Pennsylvania
This is an annual course hosted by Lorman Education Services where I have often acted as the keynote speaker and moderator. This course has been attended by Judges of Courts of Common Pleas, District Justices, Prosecutors, and Defense Attorneys.
4. Advanced Forensic Blood and Urine Seminar
The top honor I have recently received was when I was asked to present at the once every ten years
“Advanced Forensic Blood and Urine Seminar.” It is a very high level seminar. The faculty is a “who’s who” list of DUI, forensic, and medical experts. Close to 300 attorneys and legal experts from all over the county and even international dignitaries like AW Jones (pictured to the right with Justin) gathered in San Diego for this extraordinary event. There was over 46 hours of training and presentations.
I was nominated by Attorney William “Bubba” Head, the premiere DUI lawyer in the country, to present a case where I successfully challenged the reported forensic Blood Alcohol Content and obtained a not guilty verdict for a client whose test showed a .34 BAC.
5. How Defend a Controlled Substances Accusation
This was a local seminar held here in Harrisburg, organized for the benefit of the Dauphin County Public Defender’s Office. I hosted the seminar. I instructed the attendees in how to handle a case in which the defendant is accused of drug possession and/or drug dealing. The topics discussed included how to frame a case for presentation to a jury, solid dose drug testing, the difference between possession and possession with the intent to deliver, and drug influenced driving.
6. Other seminars
I have also been asked to speak at other lectures of a more local flavor and also to the general public. I lectured on the topic of “False Positives and Actual Innocence” which was a lecture to the Harrisburg Lion’s Club where I demonstrated a false positive result on a PBT simply by eating bread. I have also been asked to lecture before the Dauphin County Bar Association on using Technology in the Courtroom. In the past, I have served as guest crtiquer at the Penn State-Dickinson School of Law and the Central Pennsylvnaia College in the area of Jury Trial advooacacy. I have also instructed on the Intoximeters Alco-Sensor FST Practioner and Instructor Training on various occasions. In the past, I have been a featured Special Guest Presenter at the Pennsylvania State Police Academy.
The “take home” message here is very simple. There is a big difference between a teacher and a student. Who would you trust when your life, freedom, and your right to drive depend on it?
Finding the right lawyer to represent your DUI case is the most important decision you will make (we have already discussed how seriously the Commonwealth of Pennsylvania penalizes DUI) and will have the most influence on the outcome of that case. Keep in mind that you will have almost no chance of winning a DUI case without the right lawyer. This is why we have put together a short questionnaire that we suggest you ask every lawyer you are considering to represent your DUI case. Ask the questions and jot down the answers on a notepad. At the end compare your answers and make an objective decision. Here are the questions we have covered so far:
- What is a DUI Lawyer?
- Question #1: What specialized DUI training have you attended over the past year?
- Question #2: Do you actually take DUI cases to trial?
- Question #3: Do you own and know how to operate the breath test machines used by the Police?
This week we examine the fourth important question you should ask every lawyer you are considering for your DUI case, “Are you recognized as a DUI expert by your peers?”
Question #4: Are you recognized as a DUI expert by your peers?
This question will require some active research on your part. Thankfully, the internet has made researching an attorney’s history and qualifications very easy. If you haven’t heard of it, there is a great website for researching lawyers called Avvo.com.
Avvo makes it easy to find out about your lawyer from an objective source. For example go over to Avvo and type in “DUI” for Practice Area and “PA” for state and you will get a listing of DUI lawyers in Pennsylvania. There are many useful features like client reviews, example cases, legal guides, peer endorsements, and of course Avvo ratings. Bases on a lawyer’s Experience, Industry Recognition, and Professional Conduct, Avvo creates an objective rating for that lawyer.
To answer the stated question, I decided to show you some of the endorsements my peers, DUI experts from across the country have written about me:
From Linda Callahan, author of the authoritative Washington DUI Practice Manual and The DUI Book – Washington State Edition:
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.
From the “DMV Guru” Rick Mueller who has over 25 years of experience representing DUI cases. Rick is also an Editorial Consultant for California Drunk Driving Law the most comprehensive reference for California DUI & DMV law:
Having practiced for 25 years and been on DUI listserves since the mid-90′s, I have never seen a more knowledgeable, resourceful, and thorough DUI defense attorney. The amazing thing about Mr. McShane is his lightning-quick speed in being able to competently assist other national DWI/DUI lawyers seeking assistance on any related issue. I had to get more storage for all the data this gentleman generates. For a plethora of immense reasons, I whole-heartedly endorse this remarkable lawyer’s continuing work and genuine efforts.
From William “Bubba” Head, who is often called the “Greatest DUI Attorney ever”. Bubba is a co-founder and former regent of the National College for DUI Defense, which educates other attorneys in the DUI field. He is also the author of The DUI Book, which is a standard reference tool by defense attorneys nationwide:
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.
These are endorsements from the preeminent DUI lawyers in America. Do your research and make sure the lawyer you are selecting is endorsed by DUI experts like these.
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