About Justin McShane

The McShane Firm, LLC is a firm of  five (5) attorneys and twelve (12) support staff who specialize in using validated forensic science in defending the citizen accused among us who has been alleged by the Government to be in violation of the law.  Our focus is on DUI. Individually and collectively, we are nationally known and well-regarded for being skilled and fierce litigators, but are also perhaps best known for our strong understanding and in-depth knowledge in all forms of forensic science.

ALL of the attorneys at The McShane Firm, LLC hold a current Breath Alcohol Technician (BAT) rating as recognized by the US Department of Transportation. McShane was re-certified as a BAT. This training was performed by a factory certified BAT instructor.  ALL of the attorneys at The McShane Firm, LLC hold a current certificate for attending and completing both the NHTSA/IACP approved Instructor rating (the highest rating) in the Standardized Field Sobriety Tests, Advanced Roadside Impairment Driving Enforcement, Drugs that Impair Driving and Drug Recognition Expert Courses.  ALL of the attorneys at The McShane Firm, LLC have attended and have been conferred plaques in recognition of attending specialized invitation only training in DUI defense at the Harvard School of Law.We are the only firm in the mid Atlantic states that has 5 attorneys who hold all of the above and the highest training in breath and blood analysis including attending and passing the proficiency based testing in Advanced Forensic Blood and Urine Testing

JUSTIN JAMES McSHANE, ESQUIRE
Chairman/CEO
 
http://www.TheMcShaneFirm.com
email:  Justin@TheMcShaneFirm.com
Office Telephone Numbers:  (717) 657-3900 and 1-866-MCSHANE
Available 24 hours per day/365 days per year        
 
Attorney McShane is an 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 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 is a litigating attorney for the and Pennsylvania Innocence Project.

Education:

• Penn State University-Dickinson School of Law, Carlisle, PA 
  - Juris Doctorate earned, May 2001
• Franklin and Marshall College, Lancaster, PA
  - Bachelor of Arts Degree earned, May 1998
• University of Limerick, Castletroy, County Limerick, Republic of Ireland 
  - Spring and Summer Semester Study Abroad, January-July 1997
  - Conducted Marshall Scholarship Funded Research
• Georgetown Preparatory School, North Bethesda, MD
  - Graduated 1994

Bar Admissions:

• Admitted to the Bar of the United States Supreme Court (2004)
• Admitted to the California Bar Pro Hace Vice (2003-4)
• Admitted to the United States Third Circuit Court of Appeals (June 25, 2003)
• Admitted to the United States Third Circuit-Middle District (August 12, 2003)
• Admitted to Practice Law in Pennsylvania by the Pennsylvania Supreme Court (November 16, 2001)
• Admitted to Practice Law as a Certified Legal Intern (1999-2001)

Legal Associations:

• American Bar Association (ABA) (2001-present)
• Pennsylvania Bar Association (PBA) (2001-present)
• Dauphin County Bar Association (DCBA) (2001-present)
• Pennsylvania Association of Criminal Defense Lawyers (PACDL)-appointed Chairman of the Rising Stars Section (2003-present)
• Federal Bar Association (FBA) (2003-present)
• American Association for Justice/American Trial Lawyer Association (AAJ/ATLA) (2003-present)
• National Association of Criminal Defense Lawyers (NACDL) (2003-present) 
• Elected to General Membership to the National College for DUI Defense, Inc. (NCDD) (2005-present) -nominated to stand for Board Certification in December 2009
• One of the founding appointees to the Pennsylvania Innocence Project as a project litigator (2009-present)

Honors:

• Dean’s List (at Franklin and Marshall)- earned during every semester in college
• Marshall Scholar (1994-1998)- highest academic scholarship at Franklin and Marshall
• Eagle Scout- conferred in September of 1991

Additional Professional Training:

Annual

• Attended PACDL/PDA’s Annual Joint seminar on Criminal Law-including Death Penalty Training (2001-2009) (16 hours of training each year)
• Attended Pennsylvania Bar Institute’s (PBI)-Annual Criminal Law Symposium-including Death Penalty Training  (2001-2009)  (16 hours of training each year) 2009  Total Hours of Training/Instructing= 224.5 hours with 42 hours in the future, anticipated total 266.5 hours
• January-Attended the NCDD Winter Session (16 hours of training)
• April-Hosted Industrial Training and Design, Ltd’s seminar “2009 Advanced Issues in Alcohol Testing Seminar” (16 hours of training)
• 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)
• May-Attended and instructed at NCDD/GACDL/Headlines Marketing’s "Advanced Forensic Blood and Urine
  Seminar" in San Diego, CA (42 hours of training); 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 [it covered topics including:  Forensic Metrology; the proper setup and operation of a forensic lab; hospital blood testing; legal blood alcohol testing; venipuncture; urinalysis testing; crime lab errors; hospital lab errors; hospital blood analysis for ETOH and drugs; ELISA, FPIA, CEDIA, KIMS, RIA, EMIT, Vacu- Elute, Headspace Gas Chromatography, Liquid Gas Chromatography, Thin-layer Chromatography, GC-FTIR, Mass Spectrometry, Photo-eclectic analysis; pre-collection errors; collection errors; analysis errors; chain of custody, storage, transportation and delivery related issues; phramacokinetics; pharmacodynamics; solid dose sample drug analysis; post-mortem analysis; endogenous versus exogenous alcohol production; intake, absorption, distribution, metabolism and excretion (elimination) of alcohol and drugs; medical conditions that mimic intoxication; health factors and medications that increase expected BAC levels; Widmark Calculations using the Forrest Modification; scientific issues in alcohol testing in blood and other body fluids for forensic purposes; deciphering medical erminology; managing the treatment and emergency records; forensic testing issues for contraband plant material or “designer” drugs; pharmacological aspects of drugs other than alcohol; elimination kinetics (half lives, Michaelis- Menten kinetics); DNA evidence and various analytical laboratory issues]
• June-Hosted/participated the Impaired Driving Specialists’ seminar “NHTSA's Advanced Roadside Impaired Driving Enforcement" certification (the very first criminal defense and DUI attorney in the nation who received this certification) (16 hours of training)
• June-hosted and co-instruct at the Impaired Driving Specialist’s seminar “NHTSA/IACP Drug Recognition Expert (DRE) Advanced Course” (40 hours of training)
• July-attended the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
• September-attended Pennsylvania Innocence Project Training (14 hours of training)
• September-hosted and instructed a PACLE approved seminar entitled “How to Aggressively, Scientifically and Ethically Defend a Controlled Substances Accusation” (4 hours of training)
• September-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)
• September-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)
• September-completed Pennsylvania Office of Open Records Statewide Training on the Sunshine Law and the Right to Know Law (2.5 hours of training)
• October-Attended NCDD/NACDL 13th annual seminar "DWI means Defends with Integrity" in Las Vegas (12.5 hours of training)

2008  Total Hours of Training/Instructing= 248.25 hours

• January-Completed CLIA General Laboratory Competency Assessment, CLIA Chemistry / Urinalysis Competency Assessment and Phlebotomy training (24 hours of training)
• March-Became Certified in DWI Detection and the Administration of the Standardized Field Sobriety Tests as recognized by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police, training by SFST expert Robert LaPier (32 hours of training)
• March-Hosted/Instructed-"Breath Alcohol Training Certification" seminar performed by CMI/USDOT certified Instructor Jan Semenoff of Industrial Training and Design, Ltd.  (21.25 hours of training) (also was recertified as an Evidentiary Breath Alcohol Technician (BAT) for Intoxilyzer 5000, 400, SD-2 and SD-5)  (All the McShane Firm, LLC attorneys became certified as BAT’s) 
• 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 in Las Vegas, NV (12 hours of training)
• May-Hosted/co-instructed the Impaired Driving Specialists’ seminar “NHTSA's Standardized Field Sobriety Testing/Drugs that Impair Driving" certification (All the McShane Firm, LLC attorneys became certified as practioners in SFST administration) (McShane was re-certified) (16 hours of training)
• July-Attended the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
• July-Became Certified as a user of the Intoximeters Alco-Sensor FST (2 hours of training)
• July-Became Certified as an Instructor of the Intoximeters Alco-Sensor FST (3 hours of training)
• 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)
• September-Attended NCDD/NACDL 12th annual seminar "DWI means Defends with Integrity" in Las Vegas (12 hours of training)
• September-Hosted/co-instructed the Impaired Driving Specialists’ seminar “NHTSA's Standardized Field Sobriety Testing Instructor " certification (All the McShane Firm, LLC attorneys became certified as Instructors in SFST administration) (32 hours of training)  *December-Attended NCDD/GACDL/Headlines Marketing’s "Advanced Forensic Blood and Urine Seminar" in Atlanta, GA (42 hours of training); 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 [it covered topics including:  hospital blood testing; legal blood alcohol testing; urinalysis testing; crime lab errors; hospital lab errors; hospital blood analysis for ETOH and drugs; ELISA, FPIA, CEDIA, KIMS, RIA, EMIT, Vacu-Elute, Headspace Gas Chromatography, Liquid Gas Chromatography, Thin-layer Chromatography, GC-FTIR, Mass Spectrometry, Photo-eclectic analysis; pre-collection errors; collection errors; analysis errors; chain of custody, storage, transportation and delivery related issues; phramacokinetics; pharmacodynamics; solid dose sample drug analysis; post-mortem analysis; endogenous versus exogenous alcohol production; intake, absorption, distribution, metabolism and excretion (elimination) of alcohol and drugs; medical conditions that mimic intoxication; elimination kinetics (half lives, Michaelis-Menten kinetics); and various analytical laboratory issues].

2007  Total Hours of Training/Instructing=59.25 hours

• June-Attended and passed the proficiency testing at the “Accident Scene Reconstruction Workshop” by Steven Rickard (6 hours of training)
• August-Became an Evidentiary Breath Alcohol Technician (BAT)-Intoxilyzer 5000, 400, SD-2 and SD-5 seminar performed by CMI/USDOT certified Instructor Jan Semenoff of Industrial Training and Design, Ltd.  (21.25 hours of training)

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)
• June- Attended PBI’s seminar “Driver Licensing Problems” hosted by PennDOT officials (8 hours of training)

2005 Total Hours of Training/Instructing=54 hours

• February-Attended PACDL’s seminar “Forensic Science Seminar” (8 hours of training)
• February-Attended PBI’s seminar “Forensic Science Seminar-Capital Cases Session” (8 hours of training)
• March-Attended Lorman Education Services Seminar “Strategies in Handling DUI Cases Under the New Law in Pennsylvania” (6 hours of training)

2004  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)
• October-Attended PACDL’s seminar “The Patriot Act” (1 hour of training)
• November-Attended Lorman Education Services’ seminar “Driving After Imbibing” (8 hours of training)

2003  Total Hours of Training/Instructing=36 hours

• September-Attended PBI’s seminar “Pennsylvania Evidence” (4 hours of training)

Scheduled Future Training

2009

• November-will attend the American Chemical Society course “Gas Chromatography:  Fundamentals,
  Toubleshooting, and Method Development (a lecture laboratory course)” (48 hours of training)
• December-will lecture 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; 3 hours of lecture)

2010

• January-will attend the NCDD Winter Session-sit 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)
• February-will attend the American Academy of Forensic Science Annual meeting-Seattle, Washington  (40 hours of training)
• February-will attend National Patent Analytical System factory training in the BAC DataMaster (24 hours of training)
• March-will attend NACDL /CACJ's “3rd Annual Forensic Science Seminar” (15 hours of training)
• April-will attend NCDD/TCDLA seminar “Mastering Scientific Evidence” Houston, Texas (16 hours of training)
• July-will attend the NCDD Summer Session at Harvard Law School-Cambridge, MA (16 hours of training)
• October-will attend NCDD/NACDL 13th annual seminar "DWI means Defends with Integrity" in Las Vegas (12.5 hours of training)
• October-will attend TCDLA “8th Annual Forensics Seminar”-Houston Texas (15 hours of training)
• November-will attend NACDL “Defending Drug Cases Seminar” (15 hours of training)

Various Institute for Law Enforcement Education (ILEE) Training Reviewed1

• • 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
• FST 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

Equipment Owned by The McShane Firm

• Operable Intoxilyzer 50000 Series 66
•  Operable BAC DataMaster cm
• Operable Intoxilyzer SD-2   
• Operable Intoxilyzer SD-5
• Operable Intoximeter FST
• Operable Guth Laboratories Simulator 34C
•  Various BD Vaccutainer Products and NIK Public Safety kits used for Blood Collection and Analysis

Publications Authored

• Driving After Imbibing Manual-The Authoritative Guide to Defending Motorists Accused of Alcohol/Drug Impaired Driving In Pennsylvania, ISBN 978-0-615-18677-1
• Traffic Law Practices in Pennsylvania, Lorman Education Services
• Preliminary Hearing:  A Primer for the Inexperienced, CDSD Publishing
• Pennsylvania Vehicle Code and the ‘New’ Driving After Imbibing Law: A Practioner’s Guide to Successfully Defending Against the Commonwealth and PENNDOT License Suspension, CDSD Publishing
• Am I Going to Lose My License?, CDSD Publishing
• Chapter author in the nationally recognized and widely used "Intoxication Test Evidence:  Second Edition" by Edward F. Fitzgerald, Esquire
                                                 
   The list of courses have been reviewed including all instructor and participant written materials such as course books, guidebooks, handouts and all PowerPoint slide shows.  These courses were not actually attended as ILEE does not allow criminal defense attorneys to attend their training even though ILEE is funded through the Pennsylvania Department of Education with taxpayer funding as their exclusive means of budgeting.

Lectures Presented

• Lecture at the Connecticut State Public Defender’s Conference on “Short Course on Blood Toxicology" and "Drug DUI cases - Can they be Defended?"  (2009)
• PACLE approved seminar entitled “How to Aggressively, Scientifically and Ethically Defend a Controlled Substances Accusation” (2009)
• Advanced DRE Training (2009)
• “False Positives and Actual Innocence”-lecture to the Harrisburg Lion’s Club (2009)
• NCDD/GACDL/Headlines Marketing’s "Advanced Forensic Blood and Urine Seminar"- a case study presentation of the anatomy of a .34 BAC not guilty, in San Diego, CA (2009)
• ”Traffic Law Practices in Pennsylvania”-(2006) Lorman Education Services-Moderator of Panel and Keynote Speaker
• ”Technology in the Courtroom”-Presenter for CLE credit for the DCBA (2006)
• Special Guest Presenter-Pennsylvania State Police Academy (2002)
• Penn State-Dickinson School of Law-Jury Trial Advocacy (various occasions)
• Central Pennsylvania College-Jury Trial Advocacy (various occasions)
• Breath Alcohol Technician Training (various occasions)
• SFST Practitioner Training (various occasions)
• SFST Instructor Training (various occasions)
• Intoximeters Alco-Sensor FST Practioner and Instructor Training (various times)

Technology Used in Courtroom:

MicroSoft PowerPoint for multi-media displays for

• All openings
• All closings, and
• Expert witness presentations

General Summary of Legal and Professional Experience:

• Defended several high profile cases including death penalty cases and several other homicides including a triple homicide death penalty case.
• Tried over 90 Jury 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.
• 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.

The McShane Firm, LLC, Harrisburg, PA      

March 2008 to present 
Chairman/CEO

After buying out partner, reincorporated: 

• Immediately increased the firm to include 5 attorneys and 11 support staff.
• Operates, maintains and manages a thriving law firm.
• Limited his practice to criminal law specializing in traffic offenses and DUI.
• 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")

McShane and Hitchings, LLC, Hershey/Harrisburg, PA   

April 2004 to March 2008 
Managing Partner

Originally formed as a partnership between 2 attorneys, the firm grew to four attorneys and 5 support staff.   Attorney McShane amicably bought out his law partner.  Attorney McShane operated, maintained and managed a thriving law firm.  Attorney McShane limited his practice to criminal law specializing in traffic offenses and DUI.  Admitted Pro Hac Vice in the Superior Court of California San Mateo County.  
 
Law Offices of Justin J. McShane, Hershey, PA    

June 2003 to April 2004
Solo Practitioner

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, Harrisburg, PA

May 2001 to June 2003                 Assistant Public Defender  
December 1999 to May 2001       Certified Legal Intern 

Represented well 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.  

Community Involvement

• 2005 until term expires 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
• Volunteer with the Boy Scouts of America
• Volunteer with the Special Olympics