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Justin James McShane

McShane is a lawyer who specializes in using forensic science for the benefit of the citizen accused

A DUI Conviction Would Have Cost Me My Job, House, Everything

- a DUI client

I blew a .20 and McShane got an acquittal

- Eddie, a DUI client

Overview

Avvo Rating

10.0

Superb

Experience
Industry Recognition
Professional Conduct

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20 Reviews

Former client? Write a review

149 Peer Endorsements

Lawyers: Endorse this lawyer

Contributor level 10

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Practice Areas

70% DUI / DWI
11 years, 2,000 cases
30% Criminal Defense
11 years, 1,000 cases

Fees and Payment Types

Fees

Fixed (Sometimes), Free Consultation (120 minutes)

Payment types

Cash, Check, Credit Card

Contact Information

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The McShane Firm LLC

4807 Jonestown Rd Ste 148

Harrisburg, PA 17109

Office: 717-657-3900
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Facebook Profile

LinkedIn Profile

Blog

Languages Spoken

English

About Me

Photos (1)

Videos (16)

Video

Justin J. McShane, Esq. If you are looking for the best DUI Trial Lawyer in Pennsylvania , look no further than Attorney Justin J. McShane of The McShane... more

References

Client Reviews

Average Client Rating

Former client? Write a review

20 reviews

“A DUI Conviction Would Have Cost Me My Job, House, Everything”

Posted by: a DUI client, 2009-08-25 over 2 years ago.

Client Review: As a CDL truck driver, I could not afford a DUI conviction. As opposed to a normal case, a DUI conviction would have resulted in me losing my job... more

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“I blew a .20 and McShane got an acquittal”

Posted by: Eddie, 2009-08-17 over 2 years ago.

Client Review: While driving home from a party, I got stopped and ended up blowing a .20. My first thoughts were “you’re done just plead guilty and hope they go... more

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Peer Endorsements

Endorsements

149 endorsements

Lawyers: Endorse this lawyer

I had the pleasure of working with Justin on a matter regarding a Pennsylvania serviceman who had been wrongly accused and convicted in Mississippi.... more

Endorsement from lawyer: Kevin Stewart , Flowood (MS), Almost 2 years ago

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... more

Endorsement from lawyer: William Head , Atlanta (GA), Almost 3 years ago

Résumé

License

10 years since Justin James McShane was first licensed to practice law.

State	License status	Year acquired	Last updated by Avvo
Pennsylvania	Active	2001	12/24/2011

We have not found any instances of professional misconduct for this lawyer.

Work Experience

Position	Duration
Chairman/CEO at The McShane Firm, LLC	2003–present
Assistant Attorney at County of Dauphin	2001–2003

See all 3 job entries

Education

School	Major	Degree	Graduated
Pennsylvania State University, Dickinson School of Law	Law	JD - Juris Doctor	2001
Franklin and Marshall College	Government and International Affairs	BA - Bachelor of Arts	1998

See all 4 degrees

Awards

Award Name	Granting Organization	Date
Summer Session at Harvard Law	National College for DUI Defense	2011
AAFS 63rd Annual Meeting	American Academy of Forensic Science	2011

American Chemical Society 241st National Meeting & Exposition	American Chemical Society	2011
New and Creative Ideas for Winning DWI Trials	North Carolina Advocates for Justice	2011
OACDL 2011 Ohio Advanced DUI seminar	Ohio Association of Criminal Defense Lawyers	2011
Masters of Cross Examination Seminar	TCDLA	2011
Mastering Scientific Evidence Seminar	National College for DUI Defense	2011
Rising Star in Criminal Defense: DUI	Super Lawyers Magazine	2011
DWI Defense Project-DWI Science: What You Must Know to Win!	TCDLA	2011
7th Annual Advanced DUI Seminar	Maryland Criminal Defense Attorney’s Association	2011
Forensic Applications of Chromatography & Mass Spectrometry	American Chemical Society	2011
Introduction to Modern Mass Spectrometry	American Chemical Society	2011
2nd Annual DUI Training Super Symposium	Impaired Driving Specialists	2011
Top Gun DWI Defense Seminar	Texas Criminal Defense Lawyers Association	2011
Official Proclamation in recognition for volunteerism	Texas Criminal Defense Lawyers Association	2011
Special certificate of recognition for Bullcoming v. New Mexico	National College for DUI Defense	2011
NCDD Serum Ethanol False Positive Due to NADH	NCDD	2011
Mid Atlantic Association Forensic Scientists Annual Meeting	Mid Atlantic Association Forensic Scientists	2010
Forensic Applications of Chromatography and Mass Spectrometry	American Chemical Society	2010
Jan Semenoff Breath Alcohol Testing Device Mega Course	Headlines Legal Marketing and GACDL seminar	2010
The Power of a Full Scan HR Qual/Quant Mass Spectrometer	ThermoFisher Scientific and SpectroscopyNow.com	2010
Application of Surface Enhanced Raman Scattering	ThermoFisher Scientific and SpectroscopyNow.com	2010
Rapid Screening: Analyzing 75 elements in 10 minutes	ThermoFisher Scientific and SpectroscopyNow.com	2010
Mastering Scientific Evidence	NCDD/TCDLA	2010
Advanced Structure Euclidation	Mid Atlantic Association Forensic Scientists	2010
Analysis and Interpretation of Mass Spectral Data	American Chemical Society	2010
Behind the Secrets of Highway Drug Interdiction	IDS Consulting Inc	2010
Fall 2010 National Meeting & Exposition	American Chemical Society	2010
NHTSA/IACP Drug Recognition and Evaluation Course	Platt and Associates	2010
NCDD Summer Session at Havard Law	National College for DUI Defense	2010
The Third Annual Reese Joye Memorial DUI Defense Seminar	South Carolina Association of Criminal Defense Lawyers	2010
How an Analytical Chemist Can be the Accused’s Best Friend	Trichter & Murphy	2010
Stuart Kinard Memorial Advance DWI Seminar	Texas Criminal Defense Lawyers Association	2010
Fire and Explosion Investigations	National Fire Protection Association	2010
Gas Chromatography Series	Chromedia and SeparationsNow.com	2010
The Effects of Marijuana and its Potential Medical Use	American College of Forensic Examiners International	2010
Certification in Forensic Sobriety Assessment	Forensic Sobriety Assessment	2010
Federally Regulated Urine Specimen Collection Training	American Society for Clinical Laboratory Science	2010
Confirmatory and Secondary Urinalysis Screening Tests	American Society for Clinical Laboratory Science	2010
NCDD Winter Session	National College for DUI Defense	2010
For the Experienced Seminar	PACDL	2010
American Academy of Forensic Science Annual Meeting	American Academy of Forensic Science	2010
Board Certified in DUI Defense Law	National College for DUI Defense	2010
A Behavioral Optometry/Vision Science Perspective	American College of Forensic Examiners International	2010
NCDD Winter Session at Harvard Law School-Cambridge, MA	National College for DUI Defense	2009
NHTSA/IACP Drug Recognition Expert (DRE)	NHTSA	2009
6th Annual Advanced DUI Seminar	Maryland Criminal Defense Attorney's Association	2009
Advanced Issues in Breath Alcohol Testing	IT&D Ltd	2009
Advanced Drug Recognition Expert	Impaired Driving Specialists	2009
NCDD Summer Session at Harvard Law School-Cambridge, MA	NCDD	2009
Criminal Law-including Death Penalty Training	PACDL/PDA	2009
Annual Criminal Law Symposium-including Death Penalty Training	Pennsylvania Bar Institute	2009
Training and Advances in GC and GC/MS Applications	PerkinElmer	2009
Certified Criminal Trial Advocate	National Board of Trial Advocacy	2009
Advanced Roadside Impaired Driving Enforcement Certification	NHTSA	2009
Gas Chromatography	American Chemical Society	2009
Pennsylvania Innocence Project Training	The Pennsylvania Innocence Project	2009
Hosted and instructed a PACLE approved seminar	PACLE	2009
Advanced Blood Collection/Analysis Training	Georgia Association of Criminal Defense Lawyers	2008
Defends with Integrity	National College for DUI Defense	2008
Standardized Field Sobriety Test Practitioner	Robert LaPier	2008
Standardized Field Sobreity Test-Instructor	Impaired Driving Specialists	2008
Drugs That Impairs Driving	Impaired Driving Specialists	2008
Summer Session at Harvard Law School	National College for DUI Defense (NCDD)	2008
Phlebotomist	CLIA General Laboratory Competency Assessment	2008
Evidentiary Breath Alcohol Technician	Industrial Training and Design	2008
Making Sense of Science	National Association of Criminal Defense Lawyers	2008
Trucking Litigation and D.O.T. Regulations	Lorman Education	2008
Accident Scene Reconstruction Workshop	Steven Rickard	2007
Evidentiary Breath Alcohol Technician	Industrial Training and Design	2007

See all 70 awards

Associations

Position	Association Name	Duration
Co-chairman of the Forensic Science section	American Chemical Society, Chemistry and the Law Division	2011-present
Member	American Association for Clinical Chemistry	2010-present

Member	American College of Forensic Examiners International	2010-present
Fellow	American Institute of Chemists	2010-present
Member	American Society for Testing and Materials	2010-present
Member	Chromatography Forum of Delaware Valley	2010-present
Member	Minnesota Society for Criminal Justice Source Code Coalition	2010-present
Member	National Conference of Standards Laboratories International	2010-present
Member	National Fire Protection Association	2010-present
Founding Member/President	Pennsylvania Association for Drunk Driving Defense Attorneys (PADDDA)	2010-present
Lifetime Member	Society for Analytical Chemists of Pittsburgh	2010-present
Member	Texas Criminal Defense Lawyers Association	2010-present
Member	American Chemical Society (ACS) Analytical Chemistry Division, Chemical Toxicology Division, Chemistry & the Law Division	2009-present
Member	Central PA Local Section of the American Chemical Society	2009-present
Member	National Organization for the Reform of Marijuana Law (NORML)	2009-present
Founding Member	Pennsylvania Innocence Project	2009-present
State Delegate/ Super Delegate for District 3	National College of DUI Defense	2005-present
Member	Federal Bar Association	2003-present
Member	American Association for Justice	2001-present
Member	American Bar Association	2001-present
Member	Dauphin County Bar Association	2001-present
Member	National Association of Criminal Defense Lawyers	2001-present
Member	Pennsylvania Association of Criminal Defense Lawyers	2001-present
Co-chair of Rising Stars (Young Lawyers) Division	Pennsylvania Association of Criminal Defense Lawyers, Rising Stars Section	2001-present
Member	Pennsylvania Bar Association	2001-present

See all 25 association entries

Portfolio

Contribution

Reputation Level 10

Answers:	53	Legal Answers
	0	Best Answers
	52	Answers marked as good
Guides:	1	Legal Guide
	0	Staff Picks

Outcome: Not Guilty

Seven Counts inc Four DUI Counts

Outcome: Not Guilty on DUI charges

Six Counts Including DUI Dismissed at Preliminary Hearing

Outcome: All counts dismissed

Publications

Article	Publication	Date
Electro-Chemical Based Portable Breath Testing: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside	The Champion	2012
Gas Chromatograph-Flame Ionization Detector for Forensic Determination in ETOH-based per se DUI Prosecutions: Introduction and Explanations of the Limitations of the GC-FID Assay	Texas Drunk Driving Law, 4th ed., (Newark, NJ: LexisNexis, 2008)	2012

Phlebotomy: Forensic & Medico-legal aspects	Lawyers & Judges Publishing Company	2012
An Epistemological Based Defense to the DRE-based DUI Prosecution	Attack- ing and Defending Drunk Driving Tests (James Publishing, 2008)	2012
Chapter x: Current Scientific Thoughts on Defending DUI Death Cases	Defending DUI Vehicular Homicide Cases (Aspatore; A Thompson Reuters business)	2012
CHAL 13 Abstract: State of forensic science in America today: Is it scientific at all? Is there a path forward?	symposium of the 242nd National Meeting of the American Chemical Society	2011
Call for meaningful validation of the Drug Recognition “Expert” protocol in driving under the influence of drugs prosecution	Symposium of the 241st National Meeting of the American Chemical Society	2011
A Post-Bullcoming World: Does Justice Sotomayor’s Concurrence Undermine The Majority Opinion?	The NACDL Champion Magazine (Oct. 2011)	2011
Limitations of the Assay: Gastroesophageal Reflux and BrAC Measurements	CO-AAFS	2011
Chapter 57: ISO 17025	Intoxication Test Evidence: Second Edition (Eagan, MN: West: A Thompson Reuters business)	2011
Chapter 6: Headspace Gas Chromatography with Flame Ionization Detector: What It Is and How to Cross-Examine an Expert on	Understanding DUI Scientific Evidence: Third Edition (Asporte: A Thompson Reuters business)	2011
False Convictions and Bad Pharmacology: The Danger of the Drug Recognition	American Chemical Society Symposium Series Books	2011
Chiral Molecules: The Dirty but Open Secret in the Crime Laboratory	The Journal of the American Chemical Society	2011
The Top Ten Points in Establishing a Viable and Scientifically Based GER/GERD Defense to Evidentiary Breath Testing Cases	Understanding DUI Scientific Evidence: Third Edition (Asporte: A Thompson Reuters business)	2011
The Inability to Quantify: Values that are Outside the Demonstrated Linear Dynamic Range of Detection Lead to the Impossibility to Prove Guilt beyond a Reasonable Doubt	Pennsylvania Bar Association Quarterly	2011
The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers: Enzymatic assaying-The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena	The journal of the American Chemical Society	2011
Comprehensive Blood Discovery and the Reasons For It.	Innovative DUI Trial Tools	2011
Iconoclastic Thinking: Smashing the Paradigm of Effective Cross-Examination of Opposing Party Expert Witnesses. How Being Nice, Acting Like A Curious 5-Year Old, and Using the Social Convention of the Dating Ritual to Win	North Carolina Association for Justice, Ohio Criminal Defense Lawyers Association and the Texas Criminal Defense Lawyers Association, The California Public Defenders Association, and the Tennessee Criminal Defense Lawyers Association	2011
Glossary of Important Analytical Chemistry Terms	California Drunk Driving Law (Costa Mesa, CA: James Publishing)	2011
Consciousness of Guilt or Reasonable Confusion: How Applied Epistemology Can Negate the Burden Shifting Game in a DUI Refusal Case	The Voice (TCDLA))	2011
How to Obtain Scientific Data (Discovery) through the Court: In a World with Confrontation How Does a Criminal Defense Lawyer Confront an Expert Witness in the World of Analytical Chemistry?	California Public Defenders Quarterly Newsletter	2011
Glossary of Important Analytical Chemistry Terms	Included in materials distributed at the Colorado Criminal Defense Bar’s “Rocky Mountain High: DUI/DUID Defense School at 10,000 feet"	2011
The Inability to Quantify: Values that are Outside the Demonstrated Linear Dynamic Range of Detection Lead to the Impossibility to Prove Guilt beyond a Reasonable Doubt	Pennsylvania Bar Association Quarterly	2011
Abstract E 23: Limitations of the Assay: Gastroesophageal Reflux and BrAC Measurements	The Proceedings of the American Academy of Forensic Sciences: 63rd Annual Scientific Meeting (Colorado Springs, CO-AAFS, 2011).	2011
The Lack of Legal and Forensic Suitability of Enzymatic Assaying for Blood Alcohol Concentrations in Prosecutions of Alleged Drunk Drivers: Enzymatic assaying-The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena	Symposium of the 240th National Meeting of the American Chemical Society	2010
Driving After Imbibing Manual-The Authoritative Guide to Defending Motorists Accused of Alcohol/Drug Impaired Driving In Pennsylvania	Textbook published by CDSD Publishing	2010
Preliminary Hearing: A Primer for the Inexperienced	Textbook published by CDSD Publishing	2010
Pennsylvania Vehicle Code and the ‘New’ Driving After Imbibing Law: A Practioner’s Guide to Successfully Defending Against the Commonwealth and PENNDOT License Suspension	Textbook published through CDSD Publishing	2010
Am I Going to Lose My License?	Textbook published through CDSD Publishing	2010
Chapter 6: The Changing Face of DUI Practice: A Time to Think Ahead	Intoxication Test Evidence: Second Edition	2010
In the Defense of the Police at Roadside: The Officer Isn’t Always Lying: The Drug Recognition Expert Program as an Case Study for an Epistemological Based Defense	The Champion magazine	2010
Traffic Law Practices in Pennsylvania	Textbook published through Lorman Education	2006

See all 32 publications

Speaking Engagements

Presentation Name	Conference	Date
From Zero to Hero: What You Need to Win a GC-FID Blood Case	Top Gun DWI Defense	2011
A Review of Medical and Scientific Evidence in DUI Cases	Third Annual Two-Day DUI Defense Practice Institute	2011

The Scientific Truth About Hospital Blood: Enzymatic- based assay	The Scientific Truth About Hospital Blood: Enzymatic- based assay	2011
Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry	th Annual Advanced DUI Seminar	2011
How to Cross Examine an Expert (Even if you don't know what you're talking about)	Tennessee Association of Criminal Defense Lawyers annual DUI Seminar	2011
Basic and Advanced Headspace Gas Chromatography with Flame Ionization Detector for EtOH	Stuart Kinard Memorial Advance DWI Seminar	2011
The Scientific Truth About HS-GC-FID and the Pharmacology of ETOH, Marijuana and Benzodiazepines	PACLE approved national webinar	2011
Death to the Slidument: Using PowerPoint Effectively to Persuade	Ohio Superstars	2011
Gas Chromatography-Mass Spectrometry, Integration, and Metrology	Ohio Association of Criminal Defense Lawyers 2011 Ohio Advanced DUI seminar	2011
The Science of DWI: Three Never Fail principles of cross-examining any expert	New and Creative Ideas for Winning DWI Trials	2011
So You Want to Be a Forensic Scientist… The Real Courtroom World and Words of Advice as to How to Make Sure You Have a Long and Happy Career	Methodist University in North Carolina seminar	2011
Cross-Examination of Gas Chromatography Blood Analysis	Masters of Cross Examination Seminar	2011
How blood is Tested in Gas Chromatography	Mastering Scientific Evidence	2011
Headspace Gas Chromatography with Flame Ionization Detector	Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry	2011
Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry	Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry	2011
Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry	DWI Defense Project-DWI Science: What You Must Know to Win!	2011
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	American Chemical Society Spring 2011 National Meeting & Exposition	2011
State of forensic science in America today: Is it scientific at all? Is there a path forward?	American Chemical Society 242nd National Meeting & Exposition	2011
Gastroesophageal Reflux in BrAC Measurements	63rd American Academy of Forensic Science Annual meeting-Chicago, Illinois	2011
How Evidentiary Breath Testing As Practiced Today Is Not Scientific	2nd Annual DUI Training Super Symposium	2011
How to Cross Any expert (Even if You Don't Know What You Are Doing	2nd Annual DUI Training Super Symposium	2011
Introductory and Advanced Topics in Analytical Chemistry and Metrology in DUI/DWI/DUID	TheMcShaneFirm.com Lecture Series	2010
Advanced Topics in DUI Defense	The Third Annual Reese Joye Memorial DUI Defense Seminar	2010
The Truth About Forensic Science	The Defense is the Science and Science is the Truth, The Truth About Forensic Science: An Introduction to Method Validation	2010
Just Because You are an Expert…Doesn’t Make You Interesting	The 3rd Annual TheMcShaneFirm.com lecture series	2010
Introduction to Breath Testing	The 3rd Annual TheMcShaneFirm.com lecture series	2010
Advanced Topics in DUI Defense	Stuart Kinard Memorial Advance DWI Seminar	2010
How an Analytical Chemist Can be the Accused’s Best Friend Lessons 1-5	Private In-house Training	2010
An Overview of the NHTSA/IACP Drug Recognition and Evaluation Course	Platt and Associates Seminar	2010
Standardized Field Sobriety Testing	NHTSA's Standardized Field Sobriety Testing Practitoner	2010
Pennsylvania DUI Case Law Update: A Massive Paradigm Shift-The Post Melendez-Diaz and Post-Chase World	Lorman Education Services	2010
Headspace Gas Chromatography with Flame Ionization Detector and Mass Spectrometry	Forensic Applications of Chromatography (GC/HPLC) and Mass Spectrometry	2010
Behind the Secrets of Highway Drug Interdiction	Behind the Secrets of Highway Drug Interdiction	2010
Enzymatic assaying: The Indirect Measurement that is Non-specific to Ethanol that is Being Misapplied from the Clinical World into the Forensic Arena	American Chemical Society Fall 2010 National Meeting	2010
If You Want Blood (You’ve Got It): Understanding, Discovering and Presenting Errors in Blood Testing	Advanced DWI Seminar	2010
How to Aggressively, Scientifically and Ethically Defend a Controlled Substances Accusation	PACLE Advanced Seminar	2009
NHTSA's Advanced Roadside Impaired Driving Enforcement -Hosted & Instructed	NHTSA/IACP DRE Advanced Seminar	2009
NHTSA/IACP Drug Recognition Expert (DRE) Advanced Course	DRE Training (2009)	2009
Short Course on Blood Toxicology and Drug DUI cases - Can they be Defended?	Connecticut State Public Defender’s Conference	2009
A case study presentation of the anatomy of a .34 BAC not guilty	Advanced Forensic Blood and Urine Seminar	2009
Standardized Field Sobreity Testing Practitioner	Standardized Field Sobreity Testing Practitioner Course	2008
Standardized Field Sobreity Testing Instructor Course	Standardized Field Sobreity Testing Instructor Course	2008
Certified Breath Alcohol Training Course	Breath Alcohol Technician	2008
Technology in the Courtroom	Technology in the Courtroom	2007
The Role of the Criminal Defense Lawyer	Pennsylvania State Police Academy
Jury Advocacy	Penn State Dickinson School of Law Jury Advocacy
Traffic Law-DUI	Continuing Legal Education (CLE) Seminar-Pennsylvania Traffic Law
Jury Advocacy	Central Penn College Jury Advocacy

See all 48 speaking engagements

717-657-3900

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