Recent Cases - DWI & DUI

DWI Lawyer Benjamin Sansone has handles 100s of DWI and DUI cases in Missouri and Illinois every year. 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 a sample of cases DWI lawyer Ben Sansone has handled.

Illinois DWI - Mike R., 1.2009

           DWI Probation - Statutory Summary Suspension Suspension Dismissed - No license or Insurance Affects

St Clair County  Illinois DUI charge and statutory summary suspension. Probation granted to avoid DWI conviction and statutory summary suspension was dismissed, therefore, absolutely no affect on defendant's driver's license or insurance.  Defended the Illinois DUI charge based on probable cause issues, improper warning to motorist, and defective sworn statement on behalf of officer.

Madison County Illinois v. Tim K., 1.2009

           DWI Probation - License Suspension Dismissed

Madison County  Illinois DUI charge and statutory summary suspension. Probation granted to avoid DWI conviction and statutory summary suspension was dismissed, therefore, absolutely no affect on defendant's driver's license or insurance.  Defended the Illinois DUI charge based on police officer's lack of probable cause.  Traffic stop was initiated on sole basis of citizens phone call and no independent observation by the officer. 

Illinois v. Jack V., 12.2008

           DWI & Drug Possession Charges All Drug Cases Dismissed. Probation on DWI Charge - NO License Suspension

St Clair Illinois DUI charges along with drug possession charges; all drug charges were dismissed and client was given court supervision for DUI charge. Motion to rescind statutory summary suspension granted; therefore, client's license suspension was canceled, thus no indication on his driving record of a license suspension or other violation.   

City of Kirkwood v. Pat R., 11.2008

DWI case Dismissed / No license Suspension

Kirkwood Missouri DWI, client stopped for crossing center line while on his cell phone, charged with DWI and improper lane usage.  After several months of mounting a defense, both cases were completely dismissed with no fines or court costs assessed against the defendant. No license suspension.

St Clair Illinois v. David F., 10.2008

Probation / License Suspension Dismissed

St Clair Illinois DUI, client was stopped for traffic violation and police were able to get good evidence against him to support DUI charges and the Illinois Statutory Summary Suspension of his license.  Able to negotiate probation to avoid conviction, more importantly, able to prevent the license suspension or any indication of this offense on client's driving record or criminal record.  

E-mail received from client about a week after case was completed:

“Ben, Just wanted to drop you a line to extend my thanks for the awesome job you did for me recently. I was hoping for the best but prepared for the worst and the final outcome was even more favorable than I had hoped for.  Great to see there are still professionals out there who actually deliver.  Thanks again.”

St Clair Illinois v. John A., 9/2008

License Suspension Dismissed

Illinois statutory summary suspension was dismissed by Illinois DUI lawyer Ben Sansone after successfully arguing that the arresting officer failed to give proper warning to motorist and lacked probable cause for the arrest.

City of St Louis v Kate K., September 2008

Missouri DWI Dismissed

Missouri DWI dismissed and amended to C&I (careless and imprudent driving) with $250 fine.  All other collateral charges dismissed. Traffic stop resulting from rolled stop sign, police officer claimed observations consistent with alcohol consumption and intoxication. Result of plea negotiations prosecuting attorney dismissed the DUI charge and my client plead guilty to careless and imprudent driving, a 2 point traffic violation with no alcohol context.

   Illinois v. Andrew Q., 8.2008

Probation and License Suspension Dismissed

St Clair Illinois DUI charge and pending Illinois statutory summary suspension of license stemming from BAC level over .08.  Client was stopped for speeding and then charged with DUI based on officer’s observations and subsequent BAC test results.  Arresting officer failed to properly administer BAC test and failed to give proper warning to motorist as required by Illinois law.  Probation allowed to avoid DUI conviction and State agreed to rescind (i.e. dismiss) the license suspension.  Therefore, client had no affect on license or driving record and no effect on criminal record.

People of Illinois v John  A., July 2008

Probation / License Suspension Dismissed

First offense DUI charge stemming from arrest and traffic stop after defendant allegedly made a left turn that "almost caused an accident".  The car the defendant allegedly made a left turn in front of did not strike the defendant, and kept going; therefore, weak evidence as to the traffic stop.  For lack of probable cause Illinois DUI lawyer Sansone had the Statutory Summary Suspension thrown out despite a BAC of .20.  Probation and no conviction for DUI charge.

State of Missouri v. Robert S., May 2008

Missouri DWI dismissed

Client was stopped for running a red light and then submitted to field sobriety tests and failed a BAC test (breath test).   Based on probable cause issues, strength of the state's evidence, and the fact that the client was about to go on active duty military, the prosecutor dismissed the DWI charge after several court appearances, defense motions, and negotiation.  Initial offer was standard SIS with probation; most Missouri DWI lawyers end up getting the standard deal, however, the extra effort and work on the case led to this fantastic result for my client. 

 City of Ladue v. James V., 1.2008

.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.

O'Fallon Missouri v. Kelly B., 3.2008

Missouri DWI amended to C&I

O'Fallon Missouri DWI charge, DWI lawyer Ben Sansone got the DWI charge dropped and amended to careless and imprudent driving. 

Madison County Illinois

4th DWI, reduced to 1st Offense

Client received her 4th DWI charge in, fortunately, DWI lawyer Ben Sansone represented client on all of her prior charges, able to get those prior cases dismissed on probation to avoid violations as counting as prior offenses under Missouri or Illinois law. Client received probation and attended alcohol class to avoid a conviction on this 4th DWI charge.

City of Berkeley v. Tony C., 11.2007

.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, 10/25/2007

Trial Judgment in Favor of My Client

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 Missouri DWI lawyer Ben Sansone 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

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

State of Illinois v. Joe L., Case # 07DT596 (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., Case # 061911015 (DWI - 3/2007)

MO 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. McIlvoy, (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)

DWI 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. Matt. H., (St Clair DUI - 6/2006)

DWI 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. J. LaFortune, (St Louis DWI - 7/2005)

DWI 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)

DWI CASE DISMISSED & LICENSE SUSPENSION RESCINDED.

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. T.Vehige, (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. J. Vietmeier, (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.