The McShane Firm, LLC - Law Offices

The attorneys of The McShane Firm own and operate the same pre-arrest breath test equipment used by law enforcement nationwide

The Problem of Residual Mouth Alcohol

In this video, Attorney McShane demonstrates how residual mouth alcohol can create a false positive on the CMI Intoxilyzer SD-2 and the Intoximeters Alco-Sensor FST.

Creating a False PBT Positive With Ordinary Bread

In this video, Attorney McShane how to create a false positive on an Intoximeters Alco-Sensor FST using ordinary household bread.

Fact: You will have absolutely no chance to win your DUI case if you choose the wrong attorney.

Just as you would not go to a doctor who specializes in foot-related issues (podiatrist) for brain surgery, don't trust your liberty, your life and your driver's license to an attorney who takes any old case that walks in the door. You deserve not just a good attorney, but rather the very best qualified attorney to help you.

• 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 the National College for DUI Defense Summer Session conducted at the Harvard Law School.
• 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

It is OK to be selfish and demand the best!

When you go to ask the qualifications of the attorney who you are going to trust with your life and your driver's license, ask whoever it is the following Checklist questions:

Question 1: When was the last time you went to trial?

The McSHANE FIRM	QUESTION	THE OTHER PERSON
YES	Are you a Certified Breath Alcohol Test Technician as recognized by the United States Department of Transportation? (McShane, McShane re-certification, Barrouk, Dorward ), (Hoover's BAT certificate); McShane's Alco-Sensor FST operator certificate; McShane's Alco-Sensor FST supervisor certificate; Barrouk's Alco-Sensor FST supervisor certificate; Barrouk's Alco-Sensor FST operator certificate; Dorward's Alco-Sensor FST supervisor certificate; Dorward's Alco-Sensor FST operator certificate; Hoover's Alco-Sensor FST supervisor certificate; Hoover's Alco-Sensor FST operator certificate;
YES	Have you ever actually seen a Breathalyzer in operation? Not just on a video but actually live, in person?
YES	Do you own an operable Intoxilyzer 5000EN?
YES	Do you own an operable BAC DataMaster?
YES	Do you own an operable SD-2 and an SD-5 Pre-arrest Breath Test and an Intoximters FST?
YES	Do you own a Guth Laboratories Simulator and know how to use it to calibrate Breath machines? Have you ever seen one (other than on video)? Have you ever used one?
YES	Have you ever even seen live in-person a Gas Chromatograph/Mass Spectrometer?
YES	Do you hold a current and highest certification AS AN INSTRUCTOR in the administration of Standardized Field Sobriety Tests as recognized by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police? (McShane holds it) (Barrouk too) (Dorward does as well) (Hoover does as well)
YES	Do you hold a current certification in the administration of Standardized Field Sobriety Tests as recognized by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police? (McShane holds practitioner rating) (McShane refresher course) (Barrouk) (Dorward) (Hoover)
YES	Have you received certification in Advanced Roadside Impaired Driving Enforcement/ (McShane was the first defense attorney ever) and (Dorward)
YES	Have you received training in the procedures employed by a Drug Recognition Expert (used by the police to "spot" controlled substance impaired drivers) in a NHTSA approved course "Drug Recognition Expert" and "Drugs that Impair Driving"? DRE: (McShane hosted, instructed and passed the testing) (McShane hosted, instructed and passed the testing) (Barrouk) (Dorward) (Hoover) AND DUID: (McShane) (Barrouk) (Dorward)
YES	Do you have a dedicated and signed copy of The DUI book with inscription from William "Bubba" Head, who is often times called the greatest DUI attorney ever, which reads: "To my good 'source' of excellent information on any topic on DUI law. The people in Pennsylvania are lucky to have you helping them find answers to the toughest cases"? (McShane)
YES	Have you ever personally met and had lunch with Dr. AW Jones, who is widely regarded as the foremost expert in forensic alcohol testing? If you have, do you have his book Medicolegal Aspects of Alcohol signed to you in which Dr. Jones thanked you for providing him with articles? (McShane)
YES	Did you attend and pass the proficiency based testing at the 2008 Advanced Forensic Blood and Urine Seminar hosted by William "Bubba" Head where the world's foremost experts like Dr. A.W. Jones, Dr. Albert Staubus, Dr. Fran Gengo, Dr. Joseph Citron and Ron Moore lectured for over forty-six (46) hours [given once every ten years]? (McShane certificate), (McShane with AW Jones), (AW Jones autograph of McShane's Garriott's textbook)
YES	Did you attend and pass the proficiency based testing at the 2009 Advanced Forensic Blood and Urine Seminar hosted by William "Bubba" Head where the world's foremost experts like Dr. A.W. Jones, Dr. Albert Staubus, Dr. Greg Hampikian, Dr. Frederic Whitehrst, Dr. Joseph Citron and Ron Moore lectured for over forty-six (46) hours [given once every ten years]? (McShane actually instructed, attended and passed the test) (Barrouk) (Dorward) (Hoover)
YES	Have you been elected by your national peers into membership of the National College of DUI Defense? (McShane); (Barrouk); (Dorward); (Hoover)
YES	Have you attended, completed and hold a certificate in phlebotomy (the drawing of blood and analysis of blood)? (McShane's Phlebotomy Certification) (McShane's Routine Venipuncture Certification)
YES	Have you attended and received a certificate in "Accident Scene Reconstruction" as part of your Continuing Legal Education?
YES	Have you attended training with at the NCDD Summer Session conducted at the Harvard Law School? (McShane) and (McShane for his second year) (Barrouk) (Dorward) (Hoover)
YES	Have you received specialized training relevant to the defense of CDL truck drivers? McShane has, including weight and load restriction violations, Log Book violations, Motor Carrier Safety Administration Hours of Service Regulations, Hazardous Materials Transport, mechanical failure cases, and EDR/ECM data (black box).
YES	Do you attend the National Association of Criminal Defense Lawyers (NACDL)/National College for DUI Defense, Inc. national conference "DWI Means Defends with Integrity"? (McShane)
YES	Have you been a lecturer at a conference where other attorneys from all over the United States have come to learn? (McShane at the 2009 Advanced Forensic Bllod and Urine seminar) (McShane at 2009 DRE) (McShane has) (Barrouk has) (Dorward has)
YES	Have you attended training with the National College for DUI Defense at their Winter Session? (McShane)
YES	Have you been a featured guest lecturer at the Pennsylvania State Police cadet classes?
YES	Have you been asked to speak at various academic institutions on Jury trial advocacy?
YES	Have you actually served as a Juror in a trial? (And again).
YES	Do you teach and moderate a yearly Continuing Legal Education Course? (McShane does. It is called "Traffic Law and DUI")
YES	Have you strictly defended those accused of a crime and DUI and never prosecuted a single person for anything and especially not for a DUI?
YES	Do you actually take preliminary hearings and don't just waive them into Court to "work something out later"?
YES	Do you presume me to be innocent?
YES	Do you actually challenge the stop of the vehicle, the reason for the arrest and the blood/breath or refusal result pre-trial?
YES	Do you actually take DUI cases to trial?
YES	Do you actually know exactly what you are doing?
YES	Did you write two authoritative treatises (book) on DUI Defense that actually have an ISBN number that are copyright protected and are widely available at Barnes and Noble, Amazon and others? (the first one, the second one )
YES	Are you selective in the cases that you take and limit the number of cases so you can devote as much time as you need to them?
YES	Do you have available to you a Doctor who is an expert in the collection and analysis of my blood specimen who you can use to later challenge the result in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial)
YES	Do you have available to you a medical doctor who is an expert in forensic toxicology and emergency room medicine who can examine the accuracy and the collection method of my blood result to later challenge it in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial)
YES	Do you have available to you the foremost expert in the field of the Standardized Field Sobriety Testing and Drug Impaired Driving analysis (Drug Recognition Expert) who holds instructor ratings in both who can challenge the results and whether or not I am a good candidate for the tests to begin with and use this expertise in Court if necessary and appropriate? (Be sure to ask the attorney the name of his/her expert and the last time he/she used that person in trial)
YES	Do you have available to you an internationally recognized expert in infrared breath testing spectrometry and Evidentiary Breath Test machine maintenance and calibration who can examine the accuracy and collection method of my breath test result to later challenge it in Court if necessary and appropriate? (Be sure to ask the attorney the name of the expert and the last time he/she used that person in trial)
YES	Do you have available to you an internationally recognized expert in accident scene reconstruction who can later challenge the State's result in Court if necessary and appropriate? (Be sure to ask the attorney the name of the expert and the last time he/she used that person in trial)
YES	Are you discriminating in your practice? Do you decline to represent those that you know you cannot help out in a fundamental way?
YES	Do you actually return phone calls within minutes or hours but never more than 24 hours?
YES	Do you operate 24 hours a day and 7 days a week with an emergency line that goes directly to an attorney?