Open Letter to the Department of Health about the Linear Dynamic Range Challenge

I sent the following letter to the Pennsylvania Department of Health right after Judge Lawrence F. Clark, Jr.’s ruling in the Linear Dynamic Range Challenge. So far, there has been no response, but it has also only been a couple of days. Let’s hope that they truly care about justice and science and the safety of our roads.


January 3, 2013

M. Jeffery Shoemaker, Ph.D.

Bureau of Laboratories

Division of Chemistry and Toxicology

110 Pickering Way

Lionville, PA 19353


Dear Dr. Shoemaker:

By way of introduction my name is Attorney Justin McShane.  I am the lead litigating attorney in the matter of Commonwealth v. Jason Schildt. In that litigation that your office was invited to join, the Honorable Lawrence F. Clark, Jr.  ruled that the implementation of the regulations promulgated by your department were not sufficient to warrant charges being legally sustainable for the DUI Highest Rate charges.

Here provided is a link to that decision:

As I am sure that you are aware, the testimony in this case was rather overwhelming and condemning the state of the manufacture’s initial calibration efforts versus that which is required in the state of Pennsylvania for the periodic checks of calibration.

I suppose I am an unusual criminal defense attorney in that I actually seek justice, not just an acquittal. To that end, I would like to offer to collaborate with you, your office, or your designee to help to ameliorate this looming scientific problem to promulgate regulations that are both attainable in the field and are scientifically robust.

It is one thing to identify a problem. It is another thing to help be part of the solution. I no more want drunk drivers on the roads in my community and around my family than anyone else.

At your convenience I offer my consultation in that of my experts.


Sincerely yours,

/s/ J. McShane

Justin J. McShane, Esquire


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