Justin James McShane’s Answers

Justin James McShane

Harrisburg DUI / DWI Attorney.

Contributor Level 11
  1. Do I need an attorney or public defender for 2nd DUI charge?

    Answered almost 2 years ago.

    1. Justin James McShane
    2. Michael Lawrence Doyle
    3. Joseph A. Curcillo III
    4. Robert C. Keller
    5. Ellis B. Klein
    6. ···
    6 lawyer answers

    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...

    13 lawyers agreed with this answer

  2. What do you think might happen?

    Answered almost 2 years ago.

    1. Justin James McShane
    2. Robert C. Keller
    3. Michael Lawrence Doyle
    4. William A. Jones Jr.
    5. Charles K. Kenyon Jr.
    5 lawyer answers

    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...

    8 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Michael Lawrence Doyle
    2. Ross Marvin Miller
    3. William A. Jones Jr.
    4. Philip David Press
    5. Robert C. Keller
    6. ···
    6 lawyer answers

    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...

    6 lawyers agreed with this answer

  4. 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 ?

    Answered almost 2 years ago.

    1. Thomas Lincoln Kearney IV
    2. Robert C. Keller
    3. Matthew Paul Scheitrum
    4. Justin James McShane
    5. Robert Bond
    5 lawyer answers

    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...

    5 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Michael Kotik
    2. Jeffrey B. Engle
    3. Robert C. Keller
    4. Forest Dean Morgan
    5. William A. Jones Jr.
    6. ···
    6 lawyer answers

    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...

    4 lawyers agreed with this answer

  6. In a capital murder case how much evidence is needed to constitute a guilty verdict when there is no weapons no witnesses

    Answered over 5 years ago.

    1. Justin James McShane
    2. Peter J Carini
    2 lawyer answers

    Stating the obvious, the defendant is simply accused of a crime. There is the presumption of innocence and the prosecution at all times has the unshifting burden to prove its case beyond a reasonable doubt. The individual doubts of the jurors may differ. They need not be unanimous as to the reason for the acquittal. Simply the Government failing to have enough competent, verified, credible and true evidence is enough to maintain a not guilty result. The presumption of innocence means that...

    6 people marked this answer as helpful

  7. How does a breathalyzer measure blood alcohol content

    Answered over 5 years ago.

    1. Justin James McShane
    2. Danny James Weisenburger
    2 lawyer answers

    A BrAC (or breath test derived BAC) is to be distinguished from a true Blood Alcohol Content (BAC). A BrAC is a Blood Alcohol Concentration expressed through breath. This concentration is expressed in grams of alcohol for 100 milliliters or grams of alcohol per 210 liters of breath. The top reasons why a BrAC may over-inflate a true BAC... 1. too long exhalation time into analyzer 2. test made during the absorption phase of the blood alcohol curve when arterial venous difference...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Probation violation and DUI

    Answered over 5 years ago.

    1. William Robert Bickerton
    2. Justin James McShane
    3. Danny James Weisenburger
    3 lawyer answers

    The short answer is "yes". The long answer is as follows: Waiving the preliminary hearing would not typically be in anyone who is accused of a crime who is on supervision's best interest. Contesting the charges is usually a sound idea provided you have the right attorney who knows what he/she is doing. If you waive the preliminary hearing, then typically you will be violated 100% of the time. By waiving the charges into Court, you do not admit the charges, but you concede that a prima facie...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. What to do?

    Answered over 5 years ago.

    1. Justin James McShane
    1 lawyer answer

    The broader question doesn't necessarily evoke the issue of the initial contact, but rather whether or not with the facts presented that there is sufficient probable cause to arrest for a DUI. Probable cause is made up of the totality of the circumstances. The officer needs to have probable cause to arrest based upon the totality of the circumstances. Without sufficient proof driving or being in actual physical control of the vehicle, then there is a large issue in the probable cause to...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  10. Consequences 4 dui while on ard for dui

    Answered over 5 years ago.

    1. William Robert Bickerton
    2. Justin James McShane
    3. James C Forslund
    3 lawyer answers

    If you are charged before the ARD is complete, then the Commonwealth will petition to have you removed from ARD and the charges reinstated. A skilled practitioner who knows what they are doing could argue that you should be unsuccessfully discharged from ARD and thereby not have the charges reinstated. Regardless of the outcome of the ARD case, the new charge would be considered as a 2nd offense per Commonwealth v. Nieves. In short, you need to contest both. You only face jail and loss of...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

Contact us for a free consultation. We specialize in DUI and Criminal Law.

717-657-3900