RECENT CASES - DWI & DUI

DWI Lawyer Benjamin Sansone has handled hundreds of DWI and DUI cases in Missouri and Illinois. The vast majority of his clients are NOT convicted and only a couple have done a few days of jail time in Felony cases (3rd offense). CDL driver's beware, your cases require and deserve special attention from a top DWI lawyer. Below is a list of just some of the cases lawyer Ben Sansone has handled.

City of Ladue v. James V., January 2008 - .12 BAC - DWI amended to C&I

Ladue Missouri DWI on highway 40/64 in St Louis County on Thanksgiving weekend. Defendant is an airline pilot and a DWI plea, even pursuant to probation in avoidance of conviction, would have caused issues with the FAA. Was able to secure amendment to careless and imprudent driving with no probation, supervision, or other actions. Driver's license maintained with no suspension and no action by the FAA.

City of Berkeley v. Tony C., November 2007 - .16 BAC - DWI Case Dismissed

Missouri DWI case dismissed with payment of court costs. Defense was based primarily on probable cause and technical mistakes made the the police officer. The defendant had a BAC of .16, well over the legal limit. However, despite the BAC level the defendant did not act in a way to give rise to reasonable suspicion.

Kevin H. v. Missouri Dept. of Revenue, Trial 10/25/2007

St Louis County DWI and alleged refusal to submit to breathalyzer test by my client Kevin. Based on Missouri's implied consent law he was subject to a 1 year revocation. Forced to a trial and we won as the State could not prove that Kevin refused to submit to a blood test. No license revocation and driver's privileges reinstated in full and any indication of DOR revocation Ordered stricken from Kevin's record.

Wentzville MO v. Brian T., September 2007

Missouri DWI Dismissed and amended to Careless and Imprudent Driving. No probation.

State of Illinois v. Joe L., (St Clair DUI - 6/2007)

CDL licensed driver maintained his full and complete CDL driving privileges

Client is a CDL driver and his livelihood was in jeopardy if the Statutory Summary Suspension of his license was allowed to apply based on his failure of field sobriety tests and his BAC was over .08. License suspension was dismissed based on improper warnings to Defendant by the police officer. CDL driver kept his license and did not have a single day of suspension or any affect on his license or CDL status. Defendant was granted probation on the criminal charges to avoid a conviction, all other cases were dismissed.

State of Missouri v. Paul M., (DWI - 3/2007)

DWI DISMISSED. Companion charge of Improper Lane Usage, Dismissed.

Defendant stopped by police for improper lane usage and submitted to Field Sobriety Tests. Submitted to Breathalyzer and BAC level of .186%. Ben Sansone successfully defended the case based on issues of probable cause for the stop and proper procedure for field sobriety tests were not followed by the arresting officer. Despite a high BAC of .186% (more than double the legal limit) the DWI charge was dismissed on procedural grounds argued by DWI lawyer Ben Sansone.

State of Missouri v. Sam M., (St Charles DWI - 2/2007)

DWI DISMISSED remaining charges amended to improper muffler
Defendant arrested after colliding with a concrete support for a light post in a Target parking lot. DWI lawyer Ben Sansone defended case based on police officer's failure to properly establish intoxication by field sobriety tests and observations. Additionally, procedural errors were made by the arresting officer leading to a successful defense and dismissal of the DWI charge.

State of Missouri v. M. Pratt, (St Louis DWI -11/2006)

CASE DISMISSED & NO LICENSE SUSPENSION
DWI Lawyer Ben Sansone successfully argued that the Police lacked probable cause for Defendant’s arrest and that there was insufficient evidence to support a DWI charge. The police failed to properly conduct the Field Sobriety Tests in compliance with NHTSA (National Highway and Transportation Safety Administration) guidelines as required by law and therefore lacked probable cause to arrest defendant. The case was dismissed.

State of Illinois v. M. Hawkins, (St Clair DUI – 6/2006)

CASE DISMISSED & LICENSE SUSPENSION RESCINDED
DUI lawyer Ben Sansone filed and argued a Motion to Suppress Evidence attacking the Police officer’s claim that the Defendant was "weaving within his lane" and this was the State's probable cause for the traffic stop. Court ruled "weaving within lane" is not a traffic violation as the Illinois Vehicle Code section 11-709 states "that a vehicle shall be driven as nearly as practicable within a single lane." The Court agreed it is impossible to drive in a perfectly straight line within a traffic lane. Citing People v. Manders, 317 Ill. App. 3d 337 (2000).

State of MO v. Jason L., (St Louis DWI – 7/2005)

CASE DISMISSED & NO LICENSE SUSPENSION.
DWI lawyer Ben Sansone argued that the Police failed to substantiate probable cause for the traffic stop; moreover, Ben Sansone’s argument pointed out the police officer's failure to properly administer the breathalyzer test making it inadmissible as evidence in the State's case, therefore, the case was dismissed.

State of IL v. M. Masseoud, (St Clair DUI -10/2006)

CASE DISMISSED & LICENSE SUSPENSION RECINDED.
Defendant submitted to breathalyzer test at 1:31 a.m. but was not read his Miranda Rights until 1:43 a.m. DUI Lawyer Ben Sansone cited US Supreme Court case Miranda v. Arizona, 384 US 436 (1966) and prevailed based on failure to read Miranda Rights before submitting to the breathalyzer. Additionally, the police failed to provide sufficient evidence that the breathalyzer was administered properly and maintained and calibrated pursuant to Illinois law. Judge ruled in Defendant's favor, CASE DISMISSED.

State of MO v. Ted V., (FELONY DWI - 2006)

NO JAIL TIME AND PROBATION CONTINUED DESPITE SUBSEQUENT DWI VIOLATION

Felony DWI involving a multiple vehicle accident on Highway 370 in St Charles County, Missouri. DWI Lawyer Ben Sansone represented the Defendant and he ended up with NO JAIL TIME and was granted probation. Additionally, the Defendant was currently on probation for the previous DWI 1 year earlier in Town and County, Missouri. DWI Lawyer Ben Sansone represented Defendant at the probation revocation hearing and the court ruled to continue his probation without any additional conditions.

State of MO v. James V., (FELONY DWI – 7/2005)

DEFENDANT RELEASED WITHIN 48 HOURS, NO ADDITIONAL JAIL TIME.

Defendant charged with Felony DWI in 1995 and remained "on the lamb" for 10 years until he was arrested in St Louis County in 2005. DWI Lawyer Ben Sansone was contacted by Defendant after he was arrested and Ben Sansone was able to get his bond reduced and Defendant was released within 48 hours of contacting Mr. Sansone. Defendant did not do any additional jail time and was granted probation.