Law Office of Phillip L. Weinberg

The Law Office of Phillip L. Weinberg consists of attorney Phillip L. Weinberg who primarily practices as a pretrial and trial lawyer in the area of criminal defense / traffic violations, but also handles some (selected) family law cases. Mr. Weinberg is admitted to practice law in the States of Washington and Illinois, and has been practicing law since 1982. Phil got his BA from Lake Forest College as an Honors Graduate nominated for the National Political Honor Society, and was an International Relations major with a Chemistry minor (so, with this background, he understands the scientific and technical principles of breath testing equipment, blood draw and other lab results, field tests, etc. involved in DUI’s and other criminal defense cases). Mr. Weinberg worked as a successful professional musician for 6 years after college, and then attended and graduated from The John Marshall Law School in Chicago in 1982 “With Distinction” in the top 11% of his graduating class and was nominated to The Order of John Marshall (an honorary scholastic society). After working as an intern staff attorney at Prairie State Legal Services, in Waukegan, IL, handling primarily felony criminal defense and family law cases, and low-income eviction defense clients, he worked as a paralegal and researcher for a products liability and personal injury firm, Starobin & Abrahamson, in Thiensville, WI. Phil took and passed the Washington State Bar exam in 1986 to work as an associate attorney in Seattle doing mostly family law litigation and legal research, and some hearings for the Law Offices of Rodney G. Pierce, as well as working around that time as an independent contract attorney working in mostly probate and real estate matters for an attorney in Magnolia, in Seattle, and for a law firm in Oak Harbor. In 1989 Phil started his own firm in Woodinville, WA, Law Offices of Phillip L. Weinberg, as a solo attorney in private practice. This has always been a solo law practice serving North King and Snohomish Counties and the Eastside. Until he developed a passion for criminal and DUI defense in 1991-93, Phil handled mostly family law and criminal defense litigation, with some personal injury work, too. Since 1991, Phil’s criminal defense practice has emphasized DUI defense. He has also handled many other misdemeanor and felony criminal cases, with special and creative focus on effectively presenting defendants’ dual diagnosis conditions with much success. Phil Weinberg has been creatively resolving clients’ legal problems in the Seattle area for 28 years. He is a member of the Washington Association of Criminal Defense Lawyers, the Washington State Trial Lawyers association and the Snohomish County Bar association. He was one of the first attorneys in this area to introduce the mental-health approach to DUI defense, utilizing the help of a well-published, renowned psychiatry professor, then (in about 1992) from Johns Hopkins University, John A. Liebert, MD, formerly of Bellevue, Washington specializing in the diagnosis and treatment of complex neuropsychiatric problems with combined psychopharmacology and psychotherapy, and also with the assistance of Seattle attorney Mike Frost, an expert on diminished capacity (now deceased and missed by the many defense colleagues who admired his brilliant life’s work and his impact on the evolution of the law). That was done in the King County District Courts in 1992. Phil always tries to understand the individual client as well as his/her case and takes a holistic and caring approach to solving their problems. So, as an example of just one DUI / criminal defense approach Phil has developed and refined, the Washington State DUI statutes now contain RCW 46.61.5055 (‘Alcohol Violators’), which sets forth 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 relevant part, it provides that “…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. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If one of Phil’s clients has some physical condition that cannot be well managed in the jail setting, he’ll try to pursue that as a basis to avoid jail time. But, those cases are exceedingly rare as the jails do have some (minimal) health care on staff, though it’s usually not of the best quality of medical care. However, over the years, Phil Weinberg has kept hundreds if not thousands of people from going to jail based upon documentation from private mental health care professionals whom he routinely works with, including psychiatrists, psychologists, and licensed mental health counselors, depending somewhat on the client’s budget. If incarceration would impose a substantial risk to their mental well-being, Phil is highly skilled at presenting that situation and its risks to the courts to keep them out of jail. Often, these clients do not even know that they are suffering from mental issues until it has impacted their lives resulting in legal problems. This approach is clearly not for everyone, and is but one example of the creative approaches Phil takes, but many people have benefited from it. You will probably not see other lawyers using this defense strategy as effectively and usually with such impressive results. It is a fairly unique and very effective approach to a case that is not winnable at trial or by motion for a client with bona fide mental health issues. For other clients who do not fit this defense, Phil works hard to keep up on the DUI laws that are constantly changing, to develop new arguments and strategies to deal with these changes, and to strategize with tact and effectiveness.

Oftentimes, when drivers are accused of DUI, they assume that there is nothing they can say in their defense. Many people believe that when they blow over the legal limit in a Breathalyzer test, their fate is sealed. The fact is, however, there can be many possible defenses against a drunk driving allegation, depending on the facts of the case. Until you have an experienced Washington State DUI criminal defense lawyer on your side, you will never know your options and what defenses are available. I am Bellevue criminal defense attorney Phillip L. Weinberg. I have defended those accused of DUI and other crimes for nearly three decades. When you schedule your free consultation with me at my Bellevue law office, I will meet with you one-on-one to discuss your options in detail, listen patiently and intently to your version of what happened and how you want it to come out. I will be realistic with you but not at all resigned or pessimistic, helping to guide and advise you to take the next steps to optimize your position and document your defense(s), and to help me to help you. Investigating All Aspects Of Your Case I take a broad-based approach to defending clients charged with DUI. A close, careful investigation is the only way for a DUI defense lawyer to pursue all possible options, 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. This is a highly technical and complex area of the law, and DUI defense involves a lot of scientific, engineering and chemistry knowledge. In college, I graduated with honors as Chemistry and Physics major. This knowledge, combined with my legal knowledge, offers significant benefits to my clients. To learn even more about the “nuts and bolts” of defending a DUI charge, please review the following page. In some situations, I also advise my clients, unless it is repugnant or embarrassing to them, to seek out a mental health evaluation. The results of these evaluations can be useful in situations where the state has a relatively strong case, and our goal is to minimize the possible penalties associated with a conviction. With 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 for alternative confinement in lieu of jail for clients facing other allegations has almost never failed in over 300 presentations, in part 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. 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. I have been successful in a large portion of my cases in saving client’s driving privileges.