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.
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.
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.
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.]
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.
I have put a lot of hard work understanding the science involved in DUI cases and this has resulted in me becoming a highly sought after lecturer for advanced DUI seminars. No other DUI attorney in PA has the speaking resume I do. Last month was particularly busy for me as I conducted seven lectures and training sessions in three separate national seminars.
PA DUI Attorney Justin McShane’s Lectures in March 2011
Seminar: The American Chemical Society Spring 2011 National Meeting & Exposition in Anaheim, CA (March 27-31, 2011)
1. Title: 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
The Drug Recognition Expert (DRE) program is the 12 step National Highway Traffic and Safety Administration (NHTSA) standardized national curriculum that has been designed, to supposedly detect drug impaired drivers after arrest and before there is an toxicology result. This protocol has not been vigorously tested scientifically nor validated and the principles of DRE are the SFSTs, which themselves were never designed to record or quantify impairment, yet they are being wrongly used to do just that.
2. Title: 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
The limitations of commonly used Portable Breath Tests (PBTs) play directly into the contextual bias that exists in DUI enforcement and lead to a large number of false DUI arrests. There are many design flaws that cause PBTs to report erroneously high BAC readings and this is why it is important that we understand these devices thoroughly so innocent people are not arrested for DUI.
Seminar: Ohio Association of Criminal Defense Lawyers 2011 Ohio Advanced DUI Seminar in Columbus, OH (March 10-11, 2011)
PA DUI Attorney Lectures at an Advanced DUI Seminar in Ohio
PA DUI Attorney Lectures at an Advanced DUI Seminar in Ohio
3. Title: How does Ohio Dept. of Health (ODH) Science & Police Science Stack Up to Real Science?
A comparison between real empirical based science as opposed to police science. The purpose of this lecture was to help attorneys who are not technically trained learn how to cross-examine technical experts in their field without having to become a master in the particular forensic science that is being offered.
4. Title: Advanced Gas Chromatography
This hour long talk was designed to introduce the attendees to the powerful technique used in forensic blood testing for both EtOH and drugs called Gas Chromatography. An overview of the technique was offered.
5. Title: Blood & Urine Testing Basics
This hour long talk was designed to introduce DUI attorneys to areas where there can be issues in terms of pre-analytical error that can cause an invalid or non-validated BAC result. It also showed how forensically unreliable urine testing is for drugs and EtOH.
6. Title: Gas Chromatography-Mass Spectrometry, Integration, and Metrology
This was a five hour small group workshop where all matters of Gas Chromatography were explained including Mass Spectrometry. Also result reporting error such integration and metrology were introduced.
Seminar: Texas Criminal Defense Lawyers Association Masters of Cross Examination Seminar in Houston, TX (March 3-4, 2011)
7. Title: How to Cross-Examine an Expert (Even if you don’t know what you are talking about)
The purpose of this lecture was to help attorneys who are not technically trained learn how to cross-examine technical experts in their field without having to become a master in the particular forensic science that is being offered.
PA DUI Attorney Justin McShane to Lecture at the 18th Annual Mastering Scientific Evidence in DWI/DUI Cases
I have worked extremely hard to become the best DUI Attorney I can be and have been recognized for this by DUI lawyers all over the country. One of the highest forms of recognition is being asked to lecture in advanced DUI seminars and teach other lawyers about how to better defend DUI cases. No DUI lawyer in PA has the speaking resume I do.
PA DUI Attorney Justin McShane is an expert in Gas Chromatography and will lecture on the subject in an upcoming DUI seminar
About the 18th Annual Mastering Scientific Evidence in DWI/DUI Cases Seminar
The 18th Annual Mastering Scientific Evidence in DWI/DUI Cases includes many of the top DWI/DUI experts and lawyers in the country. The seminar was founded by William C. “Bubba” Head, one of the deans of DWI defense law, in Atlanta, Georgia, in 1994. The Texas Criminal Defense Lawyers Association and the National College for DUI Defense (NCDD) have continued the tradition of excellence for which this seminar has become known. It has been, and remains, the premier DWI/DUI Scientific Evidence seminar in the country.
I have been invited to present the lead lecture entitled Fundamentals of Gas Chromatography: You Cannot Defend Against It Until You Understand It.
Gas Chromatography (GC) is one of the most popular methods used for DUI blood testing. However, contrary to popular belief, GC is fraught with potential errors which can produce artificially high BAC results. The only way to find out about these errors is through aggressive and extensive cross-examination and the only way to cross-examine a GC expert is to understand how GC works. I have done extensive research work on GC and have lectured and written about GC numerous times while most DUI Lawyers in PA have never even seen a GC live.
DUI is a serious crime in PA. If you want to defend your rights you need a DUI expert. Please call 1-866-MCSHANE to have a renowned expert review your case.
Attorney McShane is a noted expert litigator when it comes to the area of analytical chemistry and forensic science. His commitment to research and study have earned him the respect of experts in both the legal and scientific communities. As a result, Attorney McShane has been invited to lecture at the 241st National Meeting of the American Chemical Society to be held from March 27-31, 2011 in Anaheim, CA. His topic is: 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.
The DRE protocol lacks scientific validity
The Drug Recognition “Expert” (DRE) program is the 12 step National Highway Traffic and Safety Administration (NHTSA) standardized curriculum that is used in DUI drugs cases across the country. This protocol has not been vigorously tested scientifically and validated, to supposedly detect drug impaired drivers after arrest and before there is an analytical chemistry (toxicology) result. The base principles of DRE protocol are the Standardized Field Sobriety Tests (SFSTs) which themselves have not been scientifically validated. It is important to note that the SFSTs were not designed to record or quantify impairment. Despite these limitations, the SFSTs are being used as the decision point for determining impairment in the DRE context claiming to discriminate between impaired and unimpaired drivers for the court. This leads to false convictions based on faulty presumptions about the validity of the DRE protocol.
Being invited to speak at a prestigious seminar like the ACS National Meeting is quite an honor and is a further validation of Attorney McShane’s credentials in DUI science. If you or a loved one is charged with a DUI or a DUI-drugs in PA please call 1-866-MCSHANE to consult with an expert PA DUI Attorney.
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.
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.
PA DUI Lawyer to speak at TCDLA Seminar
The Texas Criminal Defense Lawyers Association (TCDLA) is holding a seminar on cross-examination on March 3 & 4. The seminar will focus on cross-examination strategies for lawyers in various disciplines of criminal law. Cross-examination is very important because it can help uncover error in the evidence that can deem it unreliable. As an expert in DUI cross-examinations, I have been invited to lecture along with some of the biggest names in criminal defense law. I am one of only two attorneys from outside of the state of Texas who will be lecturing at this prestigious seminar. My topic is: Cross-Examination of Gas Chromatography Blood Analysis.
[Blogger's note: Even though the seminar was just announced recently, registrations are already full. It's good to see so many eager criminal defense lawyers in Texas. ]
This is yet another peer endorsement of my achievements in DUI defense. Last year I lectured at 23 seminars in 14 states and this year my calendar is packed with even more speaking engagements. I have posted before about how you can use lectures presented to distinguish between the various DUI attorneys in PA and help you find the best. Pennsylvania drivers looking for a DUI Lawyer can confidently choose The McShane Firm knowing that the firm is lead by one of the foremost experts in the field of DUI law. No DUI lawyer in PA lectures at as many seminars as I do and I challenge you to ask them about their speaking resume.
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.
Connect with us:
Connect with Attorney McShane
Attorney Profile on TheMcShaneFirm.com
Justin McShane on Avvo
Justin McShane on FaceBook
Justin McShane on Google+
Justin McShane on JustiaJustin McShane on LinkedIn
Justin McShane on Super Lawyers
Justin McShane on Twitter
National College for DUI Defense- The Truth About Forensic Science
Videos by Justin McShane
