Missouri Criminal Lawyers Blog

Jefferson County DWI Lawyer, Gary J. Lauber, represented a Jeff Co drunk driving Defendant, Nick D., for his DWI refusal case. In Missouri, refusing to take a breath test can result in a 1 year license revocation, it is important to hire a lawyer experienced in fighting license suspension cases. Nick D. hired the right defense lawyer, his license revocation was dismissed, resulting in no lost driving time and no affect on insurance or his driving record.

Nick was pulled over after leaving a bar in Jefferson County and then running a red light. The Police asked the client to take part in three field sobriety tests. He took the Gaze Nystagmus, Walk and Turn and one Legged Stand Test. The Missouri standardized field sobriety tests were done on the side of the road and were recorded by the Police on their police vehicle dash video camera.

Clayton Drunk driving defense lawyer, Gary J. Lauber, was successful in arguing that the driver passed the field sobriety tests and that the police did not have probable cause to have him take the breathalyzer. The Jefferson County Prosecuting attorney confessed the Refusal and restored Nick's full driving privileges.

Continue reading "Using Police Video of Arrest to Obtain Dismissal of Missouri One Year Revocation for Refusal to Take Breath Test" »

Defense attorney, Gary Lauber, of the Sansone and Lauber law firm, was retained to defend the above mentioned woman charged with Missouri Felony Possession of Prescription Medications. The defendant was stopped by the Jefferson County Sheriff's Department and was arrested on outstanding traffic warrants. In her purse were multiple types of prescription medications in bottles with no label on it. She was charged with a class C Felony of Possession of a Controlled Substance in Jefferson county criminal court based on allegatiThons the medications were not prescribed to her.

Gary Lauber's experience as a former prosecutor and several years as a St Louis area criminal defense attorney enabled him to get the case dismissed prior to a trial.

Continue reading "Jefferson County Woman Charged with Illegal Possession of Prescription Medication, Case Dismissed Based on Legal and Factual Defenses" »

One of the most commonly asked Missouri DWI related question is, should I refuse to take a breath test? Follow the link for our explanation and the answer. Short answer, unless you are sober or are sure you will blow under a .08, then absolutely no, taking the breath test can only hurt you.

Under Missouri's implied consent law refusal results in a 1 year revocation, but we can often beat that. One such case, among many, was Kevin H. v. Missouri Dept. of Revenue (St Louis County - 10/25/2007), which was a trial judgment in Favor of DWI defendant in 1 year revocation hearing, ordering the Missouri DOR to dismiss all administrative action against his license.

See: PFR ORDER - Missouri 1 year revocation dismissed after trial

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, Missouri DWI lawyer Ben Sansone won as the State could not prove that Kevin refused to submit to a blood test. No license revocation; thus driver's privileges reinstated in full and any indication of revocation Ordered stricken from Kevin's record.

DWI defendant has no history of this incident on his criminal record, driving record, or for insurance purposes.

In several cases we have defended CDL licensed drivers charged with DWI in Missouri and Illinois. In many cases our clients are able to maintained their full and complete CDL driving privileges.

Joe L. was one such client, he was a St Louis Missouri CDL driver charged with DWI 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.

CDL drivers often have to fight license actions on multiple fronts regardless if they were stopped while driving a non commercial vehicle. Immediate action is required to maintain CDL driving privilegdes.

DUI lawyers at Sansone & Lauber got his license suspension 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.

Defendant took breath test which resulted in .16 BAC reading. Our St Louis DWI defense was based primarily on lack of probable cause and technical mistakes made the the police officer. Despite the high BAC level the defendant did not act in a way to give rise to reasonable suspicion.

Thus if the stop is illegal and the cop just got luck and the driver happened to be intoxicated, that does not pass constitutional muster and the case must be dismissed as all evidence is fruit of the poisonous tree.

REC - DOPC - Berkley dwi dismissed.pdf

Criminal Defense lawyers Sansone & Lauber were retained by Brian T. after he was charged with a DWI in the Wentztville Missouri Municipal Court, charges were challenged based on lack of evidence; in light of the legal arguments made by our drunk driving defense lawyers, the Wentzville prosecutor agreed to amended the charge from DWI to Careless and Imprudent Driving, with no probation in order to avoid trial.

Persistent legal work and diligent drunk driving defense resulted in an excellent result for our client. Attention to detail and all legal issues that raise doubt in the government's DWI case against our clients is key to a successful defense.

Court Document Amending from DWI to C&I

Illinois 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. St Louis 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.

DWI CASE DISMISSED & LICENSE SUSPENSION RESCINDED

Our DUI lawyers 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).

St Louis area DWI CASE DISMISSED & NO MISSOURI LICENSE SUSPENSION.

Missouri DWI lawyer Ben Sansone argued that the Police failed to substantiate probable cause for the traffic stop; moreover, our Clayton criminal lawyer'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 Missouri DUI case was dismissed.

Defendant stopped by police for improper lane usage and submitted to Field Sobriety Tests. Submitted to Breathalyzer and BAC level of .186%. Our St Louis DWI defense Law firm 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 DWI dismissed and amended to C&I by Missouri DWI attorneys at Sansone & Lauber.

In this case we were able to salvage the defendant's case, however, the high BAC level indicated above made it very difficult, had he refused to take a breath test a better result may have been possible. Despite that, amending a DWI to a C&I is a desirable result.

Please see our DWI Defense law firm page titled: Should I take a Breath Test?

St Louis DWI attorneys successfully argued that the Police lacked probable cause for Defendant's arrest and that there was insufficient evidence to support a Missouri 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 drunk driving charges and case were dismissed.

Proper Administration of the Walk and Turn Test:

If you have been unfortunate enough to be caught and arrested for St Louis drunk driving , you must be weighing the pros and cons of hiring a DUI lawyer. Some people think that they do not need to hire a lawyer and they can represent themselves in court. Others think it is not a good idea to spend thousands of dollars on hiring a lawyer when they will eventually have to pay court fee and other DUI fines if they are proven guilty. However, as a first time DUI offender, you must understand that hiring a DUI lawyer to represent you in court should be your first priority. This is because as a layman, you will be unaware of how to deal with the situation in court and you will also not be aware of the local DUI laws, and what actions you must take to defend yourself. If you do not get professional consult, then you must prepare yourself to face the consequences of a DUI conviction, which can be severe in most states and will haunt you for the rest of your life, not to mention, leaving a permanent criminal mark on your record. So before you make the decision of whether or not to hire a DUI lawyer, you must ask some questions to yourself:

Are you aware of your Rights?

As a citizen of the state, you must be aware of your rights and the officer on duty who arrested you should tell you about your rights at the time of arrest. You may also not be sure whether you can refuse a breath test and other field sobriety tests, if the police officer asks you to take them. If you are not aware of your rights, and in the case you are arrested, you may be taken advantage of.

Are you aware of the local DUI laws?

You may also not be aware of the local laws and what you need to do in order to get your driving license back if it is suspended. The local laws include penalties and fines which will be imposed on you if you are proven guilty and the consequences also include spending time in jail, probation or serving community service hours, installation of an ignition interlock device and so on.

An experienced lawyer at you side can make a big difference by fighting for you at every step of the way. Your Missouri DWI lawyer will take every possible measure to make sure that the charges against you are reduced as much as possible if not removed completely. They will also make sure that the fines are reduced and if the court orders any punishment, it is also minimized.

However, if you do not have a lawyer at your side, you will not be sure how to go about handling your case. You will not be aware of the deadlines which you have to meet in order to save your driving privileges. Similarly, you will not know what actions of the police officer on duty can be questioned in court and used in your favor.

Author Bio

Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIattorney. A website that helps you to find the right DUI lawyer, you can search for a Maryland DUI Attorney or for Arizona DUI Lawyer online, anytime!

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. Our St Charles DWI lawyer defended the 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 Missouri DWI charge.