Skip to main content
Justin James McShane
Avvo
Pro

Justin McShane’s Answers

58 total


  • I was pulled over the other night for a DUI also i have a cl this is my first and only offense how do i go about it ?

    what all is entitled?

    Justin’s Answer

    First things first, there is hope and there is help.
    This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
    In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
    We specialize in substantive DUI defense meaning using science on your side to help you make them go away.
    Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.
    Remember 100% of people who plead guilty are found guilty.

    We represent a lot of CDL holders. A lot. What happens in your personal vehicle off company time can have totally cataclysmic effects to your professional license. We understand that a CDL much like a law license or a doctor's license is a means to make a living. It is important. Very important. ARD is not a truly viable option. If you accept ARD, you will have to undergo a restriction on driving your personal and professional vehicle for between 0-60 days, but what crushes folks is the additional (consecutive) 1 year disqualification of the CDL. That means no CDL driving for all that time. If you have a prior "serious traffic offense" then you are disqualified for a lifetime.

    Here is some information on it all: http://www.themcshanefirm.com/pa-dui-info/cdl-dui-laws/

    Give us a ring. The call is free. We'd like to help. 717-657-3900.

    See question 
  • I got my second DUI last night. What am I looking at as far as jail time and liscense suspension.

    My first DUI happened 3 years ago and I got into ARD.

    Justin’s Answer

    First things first, there is hope and there is help.
    This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
    In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
    We specialize in substantive DUI defense meaning using science on your side to help you make them go away.
    Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.
    Remember 100% of people who plead guilty are found guilty.

    With sentencing alternatives, the best answer to that is that it entirely depends. It most especially depends on how aggressive your defense of the facts and the accusations are. If you are looking to maximize your chances of getting an acceptable result, you need to make a substantive defense of the charges. As they say, the best defense is a good offense.

    There is help and there is hope. Give us a ring. The call is free. We'd like to help. 717-657-3900.

    See question 
  • Is there any alternatives to avoid jail time for a second offense DUI if reside in another county than where the incident occur

    Charge a year ago for prescribed medications in my system. Second is for alcohol with BAC of .19 Could the judge transfer his sentence for me to my county? Possible to go to rehab, house arrest, or anything other than jal time.

    Justin’s Answer

    First things first, there is hope and there is help.
    This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
    In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
    We specialize in substantive DUI defense meaning using science on your side to help you make them go away.
    Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.
    Remember 100% of people who plead guilty are found guilty.

    Blood tests can be successfully challenge in court. There has been a major development that will absolutely impact your case. Our office filed an won a challenge that has effected breath testing all across the state. You can read about it here: http://www.thetruthaboutforensicscience.com/tag/linear-dynamic-range-challenge/
    In essence, we challenged the basic validity (the ability of these machines to deliver a good number) in court and the court agreed that they cannot.

    When it comes to DUI drug cases (DUID) there is a tremendous amount of opportunities to successfully challenge these cases in terms of the substantive evidence. My background in forensic chromatography (I am an Senior Assistant Chromatography Instructor with the American Chemical Society) has lead me to the conclusion that the qualitative (what it is) and the quantitative measurement (how much is there is) is frequently incorrect. You need to have an attorney who understands this and discover it even without using an expert. This challenge to the analytical chemistry (what drug is if, if any there is any drug, and how much there is) is crucial because it alone typically forms the basis for the charge. It is easy to do, if you know how. The truth is that there is an entire wonderful world of pharmacology out there that is often ignored by the government, the DA's Office and also an undertrained DUI defense attorney. The truth is that without the government (police, state expert or DA) knowing a lot about you, then they often end up guessing. Of course, guessing is not proof. The law requires proof beyond a reasonable doubt, not that the government guesses beyond a reasonable doubt. Feel free to watch to watch this youtube video just as a taste of what they are up against: http://www.youtube.com/watch?v=urAOvtYCTU0 The difference between a good DUI lawyer and a great one can make all the difference in the world to you.

    With sentencing alternatives, the best answer to that is that it entirely depends. It most especially depends on how aggressive your defense of the facts and the accusations are. If you are looking to maximize your chances of getting an acceptable result, you need to make a substantive defense of the charges. As they say, the best defense is a good offense.

    So as you can read even with this small amount of information, there is help and there is hope. Give us a ring. The call is free. We'd like to help. 717-657-3900.

    See question 
  • Do I need an attorney or public defender for 2nd DUI charge?

    Charged in North Hampton county for 2nd DI. First was year ago for prescribed meds. 2nd for alcohol after accident. Not sure if i qualify for county's ASP program seeing that i am not a Resident. I reside in Blair couny. First DUI was in Centre co...

    Justin’s Answer

    First things first, there is hope and there is help.
    This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
    In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
    We specialize in substantive DUI defense meaning using science on your side to help you make them go away.
    Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.

    Having said that, you have a legitimate concern about it affecting your professional career. In the post September 11 world a lot of employers are becoming more sophisticated in their employment searches and more stringent in their criteria for hiring. Couple that with a very difficult economy, employers are looking to downsize and or not to hire, rather than hire and keep people on. Why give them the excuse?

    Don't give up and think that you have to plead guilty. There are a lot of substantive and technical defenses. There is help and there is hope. Give us a ring. The call is free. We'd like to help. 717-657-3900.

    See question 
  • What do you think might happen?

    I'm 19 and I got a DUI yesterday no other persons were involved however i slide into someones yard. Is that considered property damage? I blew a .06 at the station and I was wondering what might happen to me? I have no prior offenses or trouble wi...

    Justin’s Answer

    First things first, there is hope and there is help.
    This is an important moment in your life. There is little doubt that this is weighing heavily on you and I get that.
    In my opinion, no competent lawyer should give you advice based upon this little bit of information as to a definitive course of action.
    Substantive DUI defense calls for a considerable amount of detailed analysis to see what the best course of action is.

    Having said that, there has been a major development that will absolutely impact your case. Our office filed an won a challenge that has effected breath testing all across the state. You can read about it here: http://www.thetruthaboutforensicscience.com/tag/linear-dynamic-range-challenge/

    In essence, we litigated a case that proved to the court's satisfaction that these breath test machines do not work as they are designed to do. The judge dismissed the breath test charges.

    Without the magic number from the breath test machine and with such a low BrAC number, it is likely that the government's case is substantially handicapped if not scuttled. According to the creators of the roadside tests (the Standardized Field Sobriety Tests) the Southern California Research Institute, the roadside tests are not to be used to judge impairment or ability to safely drive. They are to be used exclusively to determine probable cause to arrest someone who is thought to be over a 0.08 BAC. Well, you weren't over a 0.08 BAC according to their own BrAC test! So if you "failed" all it does is show the fallacy of depending upon these non-validated awkward roadside gymnastic tests.

    So as you can read even with this small amount of information, there is help and there is hope. Give us a ring. We'd like to help. 717-657-3900.

    See question 
  • How long does the DA have to file charges for rape? its goin on exactly 1 year since i was accused.

    i was falsely accused by my ex on may 29 2009 and am awaiting this to be over but no charges have even been filed. they have asked me to take a polygraph but i refuse unless she is to take one as well. to no aveil. i have taken and passed multiple...

    Justin’s Answer

    For Rape specifically, per 42 PS 5552, twelve years after it is allegedly committed unless the alleged victim at the time of the incident was a minor, then there are special rules.

    Now for the typical disclaimer: This posting is simply for educational purposes and not meant to create an attorney client relationship. It is impossible to precisely tell or advise properly a situation until all details are known and all variables quantified. The information provided is subject to change based upon a better development of the facts involved or the personal circumstances of the persons affected are known. Legal advice should be personalized

    See question 
  • Can a felony charge be removed from record (expunged )

    can a felony be exponged from record its been 9 + years

    Justin’s Answer

    If it is a conviction, then the only remedy is to apply for an executive pardon through the Board of Pardons which is located in Harrisburg. With a skilled attorney, the statistical likelihood of obtaining an executive pardon is high.

    See question 
  • Arresting Officer arrested 3 months later for double assault. What can I do to get case dismissed?

    Hi. I was arrested in October, 2008 for my 3rd DUI in 8 years (got 2 8 yeasr ago). I found out yesterday that my arresting officer, and the states witness, resigned his position as patrolman and is being charged with 2 counts of assault towards h...

    Justin’s Answer

    This is relatively simple situation. You need an attorney with guts who will stand up for you and not take no for an answer. A third offense within 10 years is jackpot time if you don't get the right attorney. Making anyone take the SFST's after any sort of accident is a sub-standard act not in keeping with NHTSA/IACP standards. It is right in the ILEE manual. Experienced and gutsy attorney versus a probationary and unprofessional patrolman--I bet on the experienced and gutsy attorney.

    See question 
  • I was arrested in 1993 for DUI and completed ARD program.

    However, I am now a nurse and it always shows up on the PA State background check when applying for a job. How do I get this off my record? It has been years and I no longer have any information?

    Justin’s Answer

    If it was a successfully completed ARD disposition, then the process is relatively easy and simple to do. (Translation-low fee event) It is paperwork and follow up by a skilled attorney.

    See question 
  • Nurses and drinking and driving

    If a nurse in Pa gets a DUI/DWI will their license be revoked?

    Justin’s Answer

    The relevant statute is 63 Pa.C.S. §224 (1). You do not provide enough information to provide you with a clear answer. We specialize specifically in defending the citizen accused against allegations of DUI and have a large amount of experience and a specific sub-specialty defending professional licensed individuals before the relevant boards of professional licensure in addition to the criminal DUi defense.

    See question