Call a former DUI Judge
with over 40 years experience
When preparing to defend your case, Attorney Mark Weingart gathers evidence, documents your recount of the incident, looks at police records and chemical test reports, and interviews witnesses. By doing so, Weingart gains a clearer understanding of what your case entails.
MR. MARK WEINGART: After you get to know the client a little bit, you got to gather the facts, and you got to figure out whether or not the client really knows what happened during the night of the arrest, and the drinking history, etc., or if they’re just guessing, because if they’re just guessing it’s going to make my job a little bit more difficult. So the first thing we want to do is gather the facts, then next we want to take a look at police reports, chemical test reports, and start setting up interviews with all the witnesses who were involved in the case. Why? Because there are some basic defenses that clients don’t even realize they have, and even in the first client meeting, even though I ask the questions, it doesn’t come up. And one thing for example that I see over and over again, is I always ask people, “Did you ever ask to call a lawyer that night? Because in this State if you ask to call a lawyer before deciding whether or not to let somebody take blood out of your arm, you’re allowed. The officers have to allow you a reasonable opportunity to get a hold of a lawyer.” And even though I ask, and it’s a lot of times people say, “No, I don’t think I did.” I get a police report where the officer’s putting right in there, this person requested to speak with an attorney, I put him in a room, gave him a phone and a phonebook, and it’s like “Whoa”, that’s a big deal.
Bring the client back in, sit down, refresh recollection, what happened here? Sometimes something comes out of it. And what can come out of it, is if the officers didn’t do it properly, if they did, if they stepped on that right, your right to counsel, they step on it, they lose the case, period. So that’s very important. So the less you do and the more you know, the better off you’re going to help your lawyer and your case. If you don’t do roadside tests, you’ve just taken one of the four major categories away.