RECENT CASES - DWI & DUI
DWI Lawyer Benjamin Sansone has handled hundreds of DWI and DUI cases in
St Clair Illinois v. Andrew Q., August 2008
License Suspension (Statutory Summary Suspension) Dismissed, keeping client's driving record clean. Additionally, unsupervised probation for DUI case to avoid conviction. Officer stopped defendant for speeding and reported odor of alcohol, defedant eventually took and failed the BAC test, however, police officer gave improper warning to motorist, this was the basis for dismissing the license suspension.
People of Illinois v John A., July 2008 - License Suspension Dismissed
First offense DUI charge stemming from arrest and traffic stop after defendant allegedly made a left turn that "almost casued 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. Inital 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 lead to this fantastic result for my client.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
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 (
State of
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
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
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
NO JAIL TIME AND PROBATION CONTINUED DESPITE SUBSEQUENT DWI VIOLATION
State of
DEFENDANT RELEASED WITHIN 48 HOURS, NO ADDITIONAL JAIL TIME.