DUI Defense with over 25 years of experience
I have handled several hundred DUI cases. This has taught me that every case is unique. I don’t negotiate based only on your breath or blood level percentage and advise a deal based on that information alone. I look at the totality of the circumstances; the reason for the initial stop, the wording of and inconsistencies in the police reports, the maintenance of the test equipment, your driving history, the reliability of any witnesses, etc. I look at everything.
Over 25 Years refining my legal skills
I have many strategies and methods to help you stay out of jail. Starting with examining the evidence to find reasons to convince the prosecutor to not file charges after an arrest. For example, such as in a recent case where I was able to show pictures of loose gravel on a road that caused an accident, instead of my client. If that fails I work on negotiating a discreet and favorable plea bargain, to get the charges as low as possible. Such as by removing aggravating factors like having a weapon, or being in a school zone. Hence, demonstrating to the prosecution the weaknesses in their case. Finally, if needed, convincing the judge to give a minimal sentence, or a sentence that can be better tolerated, such as home detention, or attending counseling sessions.
The first attorney in this area to introduce a dual-diagnosis defense.
In 1992 I was one of the first attorneys in this area to introduce a combined mental-health and chemical dependency approach to DUI defense. Thus utilizing the help of a well-published, renowned psychiatry professor from Johns Hopkins University, John A. Liebert, MD, who specialized in the diagnosis and treatment of complex psychiatric problems. Also with the assistance of Seattle attorney Mike Frost, a pioneer on diminished capacity defenses.
RCW 46.61.5055 (‘Alcohol Violators’)
Another example of just one special DUI / criminal defense approach I have developed and refined over many years, the Washington State DUI statutes now contain RCW 46.61.5055 (‘Alcohol Violators’). This sets the sentencing factors for DUI convictions and contains a rarely used exception to the usual imposition of the applicable mandatory minimum jail time for a DUI conviction. In fact, it reads in part: “…the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender’s physical or mental well-being…”
I will help you stay out of Jail, using an extensive toolbox of techniques.
If one of my clients has some physical condition that cannot be well managed in the jail setting, I’ll try to pursue that as a basis to avoid jail time. But, those cases are challenging to prevail on to avoid jail time. As the jails do have healthcare staff. But is usually not of the best quality of medical care. Over the years, I have kept hundreds of people from going to jail based upon documentation from private mental health care professionals. In fact, I routinely work with, including psychiatrists, psychologists, and licensed mental health counselors.
Familiar with excellent local Mental Health experts
I work with many mental care providers. In addition, which professional to use somewhat depends on your budget, and which one’s expertise applies to your case. If incarceration would impose a substantial risk to your mental well-being. I am skilled and successful at presenting that situation and its risks to the courts to keep you out of jail.
Often, these clients may not realize that they suffer from mental issues. In particular, low-level ones such as depression or panic anxiety disorders, until it eventually impacts their lives, resulting in legal and other problems. Afterall, many people self-medicate with alcohol and drugs to alleviate untreated depression and similar emotional problems.
It is a very effective approach to a case that is otherwise not winnable for a client with mental health issues. But, for clients who do not fit this defense, I keep up on the DUI laws that are constantly changing. Thus develop new arguments and strategies to challenge the probable cause for the DUI. For example, to challenge the blood draws, to attack breath test evidence, fight to suppress as much of the state’s evidence as possible. In general, to advocate for clients with tact and effectiveness.
Holistic and Caring Approach to Solving DUI Defense
Finally, any given defense approach would not apply to every case, and these are just examples of my creative defense approaches. But hundreds have benefited from them. Afterall, I always strive to understand the individual client’s situation as well as their case. Thus take a holistic and caring approach to solve problems. Explain your goals to me, and I’ll use my library of legal knowledge.
Defense Attorney Contact
DUI Defense Attorney
DUI Defense Attorney Phillip L. Weinberg will take care of any DUI or related charges you may be facing?
DUI Defense Explained
When drivers are accused of DUI, they assume that there is nothing they can say in their defense. Hence, many people believe that when they blow over the legal limit in a Breathalyzer test that their fate is sealed. In fact, there are many possible defenses against a drunk driving allegation. That is until you have an experienced Washington State DUI criminal defense lawyer on your side. Without this, you will never know your options and what defenses are available. Also, don’t forget DUI Law’s are being strengthened in Washington. For example, House Bill 1614 – DUI.
I am a criminal defense attorney and have defended those accused of DUI and other crimes for nearly three decades. Of course, when you schedule your free consultation with me at my Bellevue or Everett Law Office, I will meet with you one-on-one to discuss your options. In addition, better understand the detail, listen patiently and intently to your version of what happened and how best to defend you. I will be realistic with you. Likewise, provide a helping to guide and advise you to take the next steps to better your position and document your defense(s). Thus to help me to help you walk away from your DUI offense.
Investigating All Aspects Of Your Case – Majored in Chemistry and how this will help you
I take a broad-based approach to defending clients charged with DUI. Afterall, a close, careful investigation is the only way for a DUI defense lawyer to pursue all possible options. Thus leaving no defense stone unturned or overlooked. For instance, I will look at whether the police had a reasonable suspicion (called “probable cause to stop’) and pull over your vehicle. If the police did not have probable cause to stop your car, truck, motorcycle — or boat? Then any evidence they collect as a result may not be admissible in court. In fact, this is a highly technical and complex area of the law, and DUI defense involves a lot of scientific, engineering and chemistry knowledge. By the same token, I graduated with honors as Chemistry and Physics major. This knowledge, combined with my legal knowledge, offers significant benefits to my clients.
Defending a DUI charge in Washington
In some situations, I may advise my clients, unless it is repugnant or embarrassing to them, to seek out a mental health evaluation. In fact, the results of these evaluations can be useful in situations where the state has a relatively strong case. Thus our goal is to minimize the possible penalties associated with a conviction. With this in mind, a strong mental health evaluation, people are often allowed to complete their sentences on home detention instead of jail. The way I present that approach as an alternative confinement in lieu of jail for clients facing other allegations has almost never failed in over 300 presentations. Afterall this is partly due to my network of forensic mental health care providers.
DUI charges often come hand in hand with other criminal accusations. If you have been accused of hit and run, resisting arrest, reckless endangerment, fleeing and evading, obstruction of a law enforcement officer, or any other related offense? I am prepared to provide experienced, effective legal guidance.
Boating related DUIs
Also, I can also assist in cases of boating-related DUIs. With more than a quarter-century of legal experience, I fully understand and keep up with the constant changes and developments in Washington State’s DUI laws, as well as the DOL’s rules, and how they relate to your specific situation. Afterall, I have been successful in a large portion of my cases in saving client’s driving privileges.