Missouri Criminal Lawyers Blog

DWI Defendant allegedly had a .12 BAC however our St Louis DWI lawyers got the DWI charge amended to a C&I and were able to avoid any Missouri license suspension.

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.

Continue reading "Ladue Missouri DWI Amended to C&I - City of Ladue v. James V. " »

Missouri DWI dismissed by St Louis DWI Defense attorney; 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 DUI attorneys end up getting the standard deal, however, the extra effort and work on the case led to this fantastic result for my client.

Our firm was retained by a client who was charged with driving under the influence of drugs. The client was stopped for eratic driving on the highway. The client failed some of the field sobriety tests and admitted that he had taken some prescription medication prior to driving. The client took a breath test that revealed that he had not been drinking. The Police Department had the client interviewed by the Drug Recognition Expert and the client was charged with Driving Under the Influence of Drugs.

DWI Defense Attorney, Gary J. Lauber, was able to present a defense that the client was not Driving While Intoxicated but that he was extremely tired from driving all night on little sleep. We also presented inconsistencies in the police report to show that he was not driving under the influence. The case was dismissed by the state prior to trial.

If you have a DWI case in Franklin County call us to set a free appointment.

The Sansone/Lauber Law Firm represented a man charged with Possession of Marijuana with intent to distribute. The client was stopped by police and the police smelled marijuana coming from the vehicle. The client was questioned and he admitted having drugs in his possession. The police then proceed to search the vehicle and found marijuana in a closed container inside of a backpack. The Marijuana was sealed in four separate bags. The officer proceeded to question the client and the client made some incriminating statements. The Client was charged with Possession of a Controlled Substance With Intent to Distribute.

Attorney, Gary J. Lauber, of the Sansone/Lauber law firm argued that the search was questionable and that the client had no intention of selling the drugs. The state agreed and the Felony case was amended to a Misdemeanor with a small fine.

If you are charged with a drug case contact our firm for a free consultation.

Franklin County DWI trial Attorney Gary J. Lauber was retained to represent a client that was charged with DWI in the Circuit Court of Franklin County. The client was pulled over for swerving inside of his lane after he left a friend's house. The original officer had the client perform the standard field sobriety tests on the side of the road. The client was then forced to do the same field sobriety tests for a second officer on the DWI task force.

Franklin County DWI trial lawyer, Gary Lauber, on cross-examination was able to show at trial that the DWI task force police officer did not understand what he was supposed to look for when conducting the Field Sobriety tests. The DWI charge against the client was amended to a carelss and imprudent driving charge.

If you are charged with a DWI in Franklin County and then contact us to help you with your DWI today.

Our Missouri criminal law firm was retained by a man charged with DWI in North St. Louis County. Our client was pulled over because of a false report that the car he was driving was stolen. The client was surrounded by numerous police officers from three different police departments.

The client was taken from the car by the police at gun point and placed in handcuffs in the police car without any evidence of the St Louis DWI defendant drinking. The police arrested him for DWI and claimed that he refused to take the breath test. The client was not informed of his Miranda rights or his Missouri Implied consent rights. It is my opinion that the officer abused his power and decided to arrest the client without any basis. The whole arrest was recorded on the police officer's dash camera. The client was given a notice of refusal to take the breathalyzer which in Missouri means the client could lose his driving license for 1 year.

Our firm represented the client on the Petition for Review of his loss of driver's license. On appeal our firm argued that the police officer lied and we used the video of the arrest to show that the officer lied in his police report. The court agreed and found that the police officer was not credible and ordered the Department of Revenue to reinstate the client's full driving privileges.

Our firm represented a repeat DWI client for a Jefferson County DWI. The client was stopped by the police because they were unresponsive and blocking traffic. The alleged drunk driver was arrested and refused to take the breathalyzer.

Under Missouri Law, if you refuse to take a breath test you will lose your driving privileges for one year. Our Jefferson County DWI Lawyers filed a Petition for Review that prevented the Missouri Department of Revenue from taking our client's driver's license. The Petition for Review was set for trial three times with the Department of Revenue failing to produce key evidence in the case. The Judge found in favor of our client and the Refusal to Submit to a breath Test was taken off of the client's driving history.

If you have a DWI Refusal case in Jefferson County contact one of our Jefferson County DWI lawyers for a free consultation.

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" »

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.