1 LEARN WHAT THEY SHOULD HAVE LEARNED NHTSA/ICAP DRE (DRUG RECOGNITION EXPERT) Hosted by: The McShane Firm, LLC Justin J. McShane, Esquire 4807 Jonestown Rd, Suite (717) JUne 18-21, 2009 Crowne Plaza Hotel 23 S. Second St Lead Instructor: Impaired Driving Specialists, LLC Anthony Tony Palacios 5030 Skyland Parkway Cumming, GA (678) (717) Fee: $1250 per participant THERE ARE NO PREREQUISITE CLASSES ALL CAN ATTEND AND RECEIVE A CERTIFICATION1 Participants will receive the same training law enforcement officers receive throughout the nation in the most up to date NHTSA DRE training. This course is approved for CLE credits including 1 hour of ethics. PRESENTERS INCLUDE Steve Oberman Leonard Stamm Bruce Kapsack Ron Moore Anthony Palacios Andrew Alpert Justin J. McShane There is a difficult Proficiency-Based Test 1
2 REGISTRATION FORM Name Firm Address City, State, Zip Contact # Attendance confirmation will be sent to the address above. Space for this seminar is limited; please return this form with your payment as soon as possible to the address listed below. Registration deadline for this seminar is June 1, No admittance will be authorized without proper payment. Impaired Driving Specialists, LLC will not invoice participants for this seminar. Cancelation prior to June 7th will receive a full refund less a $25 administrative fee. All other cancellation will be non-refundable. Please call Anthony D. Palacios at (678) or Justin McShane at (717) with any questions concerning this course. Make checks payable to: Impaired Driving Specialists, LLC Send your completed registration form and payment to: Impaired Driving Specialists, LLC 5030 Skyland Parkway Cumming, GA All major credit cards are accepted through The McShane Firm, LLC. Please call (717) for more information. For accomodations, please contact: Crowne Plaza Hotel Harrisburg 23 S. Second St (717)
3 Overview for Legal Professionals Thursday, June 18, :30am - 8:00am Continental Breakfast in Conference Room Registration 8:00am-8:15am Welcome and Introduction of Speakers and Small Group Facilitators McShane 8:15am-8:45am Keynote Speaker Oberman 8:45am 9:00am Welcoming Remarks Palacios 9:00am 9:50am Development and Effectiveness of the DRE Program Palacios 9:50am 10:15am The 12 Step Process of a DRE Evaluation Palacios 10:15am 10:30am Break Refreshments Provided 10:30am 12:00pm The 12 Step Process of a DRE Evaluation (Cont.) Palacios 12:00pm 1:00pm Lunch 1:00pm 1:30pm The 12 Step Process of a DRE Evaluation (Cont.) Palacios 1:30pm 3:00pm The Eye Exams Palacios 3:00pm 3:15pm Break - Refreshments Provided 3:15pm 4:45pm The Psychophysical Tests Palacios 4:45pm 5:00pm Questions & Answers Palacios Friday, June 19, :30am - 8:00am Continental Breakfast in Conference Room 8:00am 9:45am Examination of Vital Signs Palacios 9:45am 10:00am Break Refreshments Provided 10:00am 11:30pm The DRE 7 Drug Categories Palacios 11:30pm 12:15pm 12:15pm-12:45pm Lunch Actual Display and Example of Controlled Substances by Law Enforcement McShane Law Enforcement Personnel 12:45pm-1:30pm Motions, Discovery and Challenges to DRE Stamm 1:30pm 2:30pm The DRE 7 Drug Categories Palacios 2:30pm 2:45pm Break - Refreshments Provided 2:45pm 3:45pm Drug Combinations Palacios
4 Overview for Legal Professionals Saturday, June 20, :00am - 7:30am Continental Breakfast in Conference Room 7:30am-10:20am Solid Dose Drug Sample Examination Moore 10:20am-10:30am Break - Refreshments Provided 10:30am 12:00pm Effectively Cross Examining a DRE Oberman 12:00pm 1:00pm Lunch 1:00pm 3:00pm Cross Examination Practical Exercise Oberman Kapsack Alpert Stamm Palacios 3:00pm-5:15pm 5:15pm-6:00pm Retire to your room, prepare Cross-examination for the next day, refresh Gather for formal dinner at the Casino/Racetrack and Travel to 6:00pm-9:30pm Dinner at Casino/Racetrack McShane Sunday, June 21, :30am - 8:00am Continental Breakfast in Conference Room 8:00pm 8:30pm The Drug Symptomology Chart Palacios 8:30am 10:15am The DRE Face Sheet & Narrative Report Palacios 10:15am 10:30am 10:30am 10:45am Break Refreshments Provided Final Questions and Answers 10:45am 11:00am Concluding Remarks Oberman 11:00am-12:00pm Ethics Kapsack 12:00pm-12:15pm Concluding Remarks Palacios 12:30pm 1:15pm Examination Palacios 1:15pm Presentation of Diplomas
5 Presenter Bios STEVE OBERMAN LEONARD STAMM Since 1980, Steve has successfully represented thousands of clients charged with DUI and Vehicular Homicide. Steve is the named principal of The Oberman Law Firm practicing primarily in Knoxville and the East Tennessee region of the state. Leonard Stamm has been a practicing drunk driving, DUI, DWI, and criminal defense lawyer in the District, Circuit, and appellate courts of Maryland since Steve has been a member of the Board of Regents of the National College for DUI Defense since 1999, chair or co-chair of the DUI Committee of the National Association of Criminal Defense Lawyers DUI Committee since 1995, and was the first lawyer in Tennessee to be certified as a DUI Defense Specialist by the Tennessee Commission on Continuing Legal Education and Specialization and the NCDD. He is the author of DUI: The Crime & Consequences in Tennessee and co-author of the national treatise, Drunk Driving Defense with Lawrence Taylor. He has been chair or co-chair of the National Association of Criminal Defense Lawyers DUI Committee since 1995 and is a frequent contributor to its official publication, The Champion. Steve has been an adjunct professor at the University of Tennessee Law School since 1993 and has received a number of prestigious awards for his faculty contributions. He is a popular speaker at seminars throughout the United States and has even spoken to court officials in Cambridge, England about defending impaired drivers. In 2002, Steve was honored to demonstrate cross-examination techniques and lecture at the FBI Training Academy in Quantico, Virginia on the topic of courtroom testimony and is periodically designated as Special Judge for the DUI Division of the Sessions Court in Knox County, Tennessee. In 2006, he was appointed to the Governor s Task Force on DUI Laws in Tennessee. Steve has been named to Tennessee s Best Lawyers List annually since the inception of the list in It has described him as: [the] Godfather statewide in the area of DUI ; Brilliant lawyer, great teacher ; and Well-regarded trial attorney with professorial demeanor..... He has also been honored as one of the Best Lawyers in America by the publication of the same name; a Top 100 Trial Lawyer by the American Trial Lawyers Association; and a Super Lawyer by Mid-South Super Lawyers magazine. He has achieved the top designations by the two leading national lawyer rating systems, Martindale-Hubbell and AVVO.com. Steve has been a featured guest on many local and national radio and television programs, where he has provided commentary on criminal defense issues ranging from the O.J. Simpson murder trial to, of course, DUI defense. Stamm handles appeals in the Maryland appellate courts, and is admitted to practice before the United States Supreme Court. Stamm is recognized as an authority in the area of drunk driving defense and Motor Vehicle Administration hearings in Maryland and has lectured and written extensively in this area, in Maryland and around the country. He has been a speaker at and has organized numerous continuing legal education seminars since He is presently a Regent of the National College for DUI Defense, serving on its Amicus Committee, and is former President of the Maryland Criminal Defense Attorneys Association. He has had a number of articles published in the Champion magazine, the magazine of the National Association of Criminal Defense Lawyers. He has been qualified as a practitioner and an instructor in standardized field sobriety tests in accordance with standards set forth by the International Association of Chiefs of Police (IACP) and the National Highway Traffic Safety Administration (NHTSA) and completed a certification class as an operator and maintenance technician for the Intoxilyzer He recently hosted a training seminar in the Intox EC/ IR. Stamm holds a certificate of successful completion for the Robert F. Borkenstein Course on Alcohol, Drugs, and Highway Safety: Testing, Research, and Litigation based out of Indiana University at Bloomington. He is one of the few lawyers in the country to have taken a two and a half day overview of the Drug Recognition Expert (DRE) program. Martindale-Hubbell gives him an AV rating. He has also been listed in Super Lawyers and Best Lawyers. In September 2008, the first edition of Stamm s book, Maryland DUI Law, was published by West Publishing Company.
6 Presenter Bios BRUCE KAPSACK Bruce Kapsack is the senior partner of Kapsack & Bair, LLP an AV rated firm practicing exclusively in DUI / DWI Defense. Mr. Kapsack pioneered many DUI defense strategies currently used by other California attorneys as well as law firms throughout the country. He is: The first California attorney to take and pass the American Bar Association s Board Certification exam for DUI Specialization; The first California attorney to write for both California Drunk Driving Laws (James Publishing) and California Drunk Driving Defense (Thomson-West Publishing), the two seminal works for California DUI defense strategies; The first California attorney to become an Instructor of SFST s under the guidelines of the IACP and the NHTSA; The first California attorney to qualify as a DRE; The first and only California attorney to own and operate the Draeger 7410 and 7110 Breathalyzers; The first California attorney to own, operate and use in court an Intoxilizer 5000 breath machine designed to measure blood alcohol content (BAC); The first and only California attorney to depose Marceline Burns, the inventor of field sobriety tests; One of the first attorneys to be trained as a user and maintenance technician of the Alco-Sensor IV hand held roadside BAC breath machine. RONALD MOORE Mr. Moore is the former supervisor of the Orange County Sheriff-Coroner, Forensic Science Services, forensic alcohol laboratory. Mr. Moore spent over 18 years at the Orange County crime lab, specializing in Driving Under the Influence cases, identification of controlled substances, firearms and toolmark examination, and homicide/ois field investigations (CSI). Mr. Moore is the former chair of the International Association for Chemical Testing committee on accreditation and individual certification. He was a member of the American Society of Crime Lab Directors / Laboratory Accreditation Board s adhoc committee on ISO standards for breath testing instrument calibration laboratories. He has also participated in many of the meetings of the Forensic Alcohol Review Committee revising the California regulations governing blood and breath alcohol testing in California (Title 17). He is also a licensed attorney in the state of California. When not defending clients, Mr. Kapsack writes and teaches other attorneys the keys to successful DUI defense. Mr. Kapsack s novel developments in science, law, and courtroom technique are frequently used by attorneys across the United States. In fact, virtually every DUI defense attorney in California has been trained by, read the works of, or attended one of Mr. Kapsack s lectures. His lectures for both the State Bar and for the California Public Defenders are among the best attended and they are videotaped and used for continuing education and training. Mr. Kapsack has been asked to write for DUI and criminal publications in California, where he writes the regular update on California DUI for the Public Defenders, and other states including New York, Nebraska, Ohio and nationally for The Champion magazine.
7 Presenter Bios ANTHONY PALACIOS Anthony Palacios is the former Standardized Field Sobriety Testing State Coordinator for the State of Georgia and was one (1) of three (3) full time Impaired Driving instructors for the Georgia Police Academy at the Georgia Public Safety Training Center. He is a certified International Association Chiefs of Police DRE Instructor and is also a National Highway Traffic Safety Administration DUI/SFST Instructor. Anthony has trained over 3,000 Georgia, South Carolina and Tennessee law enforcement officers and legal professionals in the detection of drivers under the influence of alcohol and/or drugs and has instructed over 4,000 hours in IACP/NHTSA Impaired Driving curriculum. Anthony has instructed the DRE Instructor course, DRE Pre-School, DRE 7-Day School, and DRE Re- Certification course over 30 times to law enforcement officers, as well as the DUI/SFST practitioner course, DUI/SFST Instructor course, SFST Instructor Update course, SFST Refresher course and Drugs That Impair Driving course over 135 times to law enforcement officers and legal professionals. Andrew Alpert Maryland DUI Lawyer, Andrew D. Alpert practices with the law firm of Meng & Alpert, LLC, located in Upper Marlboro, Maryland. He has been successful in defending over 500 Maryland DUI cases. He is a former prosecutor with specific training in motor vehicle manslaughter cases and DUI/DWI. He has had numerous Maryland DUI cases covered by the press. (Maryland Independent 09/17/2004; Maryland Independent 09/22/2004.) Mr. Alpert attended the National College for DUI Defense, as conducted at Harvard University. He is also a member of the National College of DUI Defense and is a member of the Maryland Criminal Defense Lawyer s Association. He is Chairman of the Legislative Group of the Maryland Criminal Defense Lawyer s Association on Narcotics. Mr. Alpert has been chosen on several occasions to speak to various police departments regarding Maryland DUI laws. His practice is mainly focused in the defense of individuals charged with DUI, DWI, and related situations. He has also been certified in the administration of the National Highway Administration for Standardized Field Sobriety Tests. Mr. Alpert s trial experience has acknowledged every aspect of a Maryland DUI process and arrests, and he strives to afford the best defense in every case.
8 Presenter Bios JUSTIN J. MCSHANE Attorney McShane is now the Chairman/CEO of The McShane Firm, LLC. Prior to that, he was employed by the County of Dauphin where he defended several high profile cases including a death penalty case and several other homicides. He has tried a variety of cases ranging from relatively simple speeding infractions to large scale multimillion dollar drug tracking and multiple homicide cases and everything in between including single offense misdemeanor cases, serial rapist cases and, of course, DUI. Attorney McShane has handled thousands of criminal cases. He has even handled several homicides including a triple homicide. He has argued twice before the Pennsylvania Supreme Court. He has frequently argued before the Pennsylvania Superior Court. In fact, in Commonwealth v. Jones, 845 A.2d 821, Attorney McShane successfully argued to substantially change Pennsylvania law with respect to anonymous tipsters and vehicle stops to the benefit of all motorists. Attorney McShane s practice is exclusively limited to DUI and criminal law. He does not practice anything else. Once a year, he moderates and instructs at a Continuing Legal Education seminar entitled Traffic Law-DUI. He also lectures at seminars where other attorneys from as far away as Maine come to get the very latest in training. He was elected to membership in the National College for DUI Defense. He is one of thirteen (13) attorneys [four of which are in his office] in all of Pennsylvania elected to the college. He is one of five attorneys in the entire state [4 of them work in the McShane Firm, LLC] who currently holds a certificate as a Breath Alcohol Technician certified by the US Department of Transportation. He is a certified Instructor in Standard Field Sobriety Tests (SFSTs). He holds a certificate in NHTSA/IACP approved courses such as Standard Field Sobriety Testing and Drugs that Impair Driving. All members of his firm hold both an instructor rating in SFSTs, is a certified Breath Alcohol Technician, received training in Drugs that Impair Driving. Attorney McShane also holds a certificate in Phlebotomy (blood drawing). Attorney McShane has attended the National College for DUI Defense and their Summer Session taught at Harvard Law School in Cambridge, Massachusetts. Attorney McShane attended and successfully passed the very rigorous proficiency based training at the 2008 Forensic Blood and Urine Seminar 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 on a host of subjects. This seminar is the most comprehensive and highest level of seminar that lawyers can attend on the subject. It is given once every ten (10) years. It included a crime lab tour. Attorney McShane has received specialized training in Trucking Litigation and D.O.T. Regulations in Pennsylvania. Attorney McShane has authored several legal treatises including: Pennsylvania Vehicle Code and the New Driving After Imbibing Law: A Practioner s Guide to Successfully Defending Against the Commonwealth and PENNDOT License Suspension, his commercially available book Driving After Imbibing: THE Authoritative Guide to Defending Motorists Accused of Alcohol/Controlled Substance Impaired Driving in Pennsylvania, Traffic Law Practices in Pennsylvania, Recently, Attorney McShane was elected and appointed as co-chairman of the Pennsylvania Association of Criminal Defense Lawyers (PACDL) Rising Stars Section. Attorney McShane was a featured speaker for several past graduating platoons of the Pennsylvania State Police Academy. He has acted as an invited advocacy small group instructor at the Pennsylvania State University-Dickinson School of Law as well as at Central Penn College.
9 List of Local Attractions HARRISBURG Hollywood Casino/Penn National Race Course Whitaker Center for Science and the Arts The National Civil War Museum (Harrisburg, PA) HERSHEY The Hershey Gardens The Hershey Museum The Hershey Theatre Antique Auto Museum At Hershey Hershey Park Hersheypark Arena & Stadium Hershey s Chocolate World Zoo America zooamerica Indian Echo Caverns Middletown & Hummelstown Railroad LANCASTER The National Watch & Clock Museum htm The Amish Experience F/X Theater Balloon Rides Daily by The United States Hot Air Ballon Team Caribbean Indoor Water Park Day Out with Thomas the Train at Strasburg Railroad Dutch Wonderland Family Amusement Park GETTYSBURG Gettysburg National Military Park htm Philadelphia Liberty Bell
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