Jay Weinberg vigorously defends his clients. He works to fully understand each case, study the facts and create intelligent, sensible legal arguments.
Mr. Weinberg obtains all evidence from the prosecution, the prosecution’s witnesses and the police. He thoroughly investigates your Case, and reviews every document the police and the prosecutors produce pursuant to their obligation under the law. If they don’t produce required documentation, he will file the appropriate legal motions to compel the State to produce evidence or to have the evidence, or entire case, thrown out for failure to comply. He will advise you as to what you can expect at trial, what your plea options are and discuss with you the direction you want to take in resolving your charges. He will defend you zealously and require the State to prove each required element of the offense beyond a reasonable doubt.
Mr. Weinberg will conduct a detailed consultation with you regarding the facts and circumstances surrounding your DWI charge.
A retainer agreement is a critical part of our attorney client relationship, and the NJ Court rules require written fee agreements. When you retain our Law Office to represent you, you will have a clear understanding of the legal fees.
We don’t have hidden costs or bills. DWI defense may involve a variety of techniques, so we don’t bill you for everything we might do, or could do. We bill for what needs to be done in your case. We have the experience to anticipate possible legal issues that might arise in each case, and we quote you a fee during our initial consultation.
The first thing we do is review your recollection of the incident and obtain a police report. Please see the link “What You Must Do.” The facts are important and we did not witness the incident, so part of building your defense is reviewing your complete version of the incident and the facts and circumstances as you recall them. Details are important.
We obtain discovery
Discovery is the package of evidence the State is required to provide to us. It includes the police report, which will include written comments by the investigating and reviewing police officers in relation to your case, observations of your demeanor, conduct and comments during the course of the investigation and your arrest, results of breath tests, urine or blood tests, breath test and equipment certifications regarding valid operation of DWI apparatus, documentation regarding the reliability of the breath test apparatus, observations and comments regarding the Standardized Field Sobriety Tests, dash board and chest camera video tapes and witness statements and other relevant discovery.
What we look for
We have a lengthy process of review in defending a DWI case. A summary of the tasks we undertake on your behalf includes, but is not limited to, reviewing the constitutionality of the stop. Did the police have a reasonable reason to stop you, or probable cause to believe you were violating the law, and, if so, did the police have probable cause to arrest you? The Police must have probable cause to administer tests, and they must prove you were operating the vehicle. We review the testing procedures utilized in taking breath samples and in administering the field sobriety tests and standardized field sobriety tests. Standardized infers there is a way to properly administer the test and often police don’t perform the tests correctly, creating an argument that if the tests were negligently administered they should not be allowed at trial because they are not valid as a matter of scientific fact. Videotapes can contrast greatly with a police officer’s written observations. You are innocent until proven guilty, and the consequence of guilt is serious enough to warrant scrutiny over the procedures utilized to arrest you.
Breath test equipment and documentation must be carefully reviewed for compliance. The Alcotest machine (NJ does not use breathalyzers) is a mechanical device and maintenance records must be updated and provided to me by the Prosecutor so as to prove the device was operating correctly. Factors may affect the validity of the equipment and we explore those possibilities in detail. In drug cases, we determine the expertise and credibility of the drug recognition experts. We review their procedures and determine if mistakes were made.
Chain of custody of evidence issues frequently result in dismissals.
Each DWI case is fact specific. We carefully review everything. We focus on what’s relevant and we work diligently for you.
Your first step is simply to call the Law Office of Jay Weinberg for your consultation. Jay will personally speak with you about your case, your needs and your concerns.