St. Charles DWI Lawyer Todd Ryan aggressively defends his clients in St. Charles County Circuit Court and the surrounding municipalities. The Ryan Law Firm, with Todd Ryan, has been voted best law firm in St. Charles County by multiple publications for multiple years.
Don’t wait. Hesitating to hire an attorney could cost you your license. You only have a few days to fight your license suspension, and if you wait, you could lose the chance to have it lifted. A license suspension is a result of you taking a breathalyzer or giving blood and your blood alcohol level was above the legal limit, or you refusing to take a breathalyzer or give a blood draw all together.
Note that where you were stopped matters. The conditions at the scene of the stop are very important, and evidence at the scene of the stop can be used to defeat field sobriety tests. The location of the stop will also often dictate what agency conducted the stop and where your case will end up.
St. Charles DWI cases will end up in one of several courts: St. Charles County Circuit Court, St. Charles County Municipal Court, St. Charles City Court, or the municipal courts of St. Peters, O’Fallon, Wentzville, Cottleville, Lake St. Louis, Dardenne Prairie, Weldon Spring and Foristell. In refusal cases in St. Charles, the petition for review is always filed in St. Charles County Circuit Court.
Why you were stopped is also important. While being stopped illegally doesn’t preclude an administrative suspension for refusing a breathalyzer or blowing over the legal limit, an illegal stop can be used to defeat the criminal charges in a St. Charles DWI case. In cases where a driver is stopped without cause, it is possible to exclude the evidence (field sobriety tests, breath or blood test results, etc.) that the Prosecutor needs to prove the criminal case.
St. Charles DWI cases must be proved beyond a reasonable doubt (this is true for all criminal cases, whether it’s a violation of a state, federal, or municipal law). Missouri form 2389(commonly referred to as the “AIR”) provides a basic guide to the types of observational evidence the Prosecutor will try to use against you. The form contains indicators for breath, eyes/pupils, balance, speech, clothing, unusual actions, and attitude. The AIR also contains a check-the-box section for the officer to report clues observed during the administration of the field sobriety tests (often called SFSTs for Standard Field Sobriety Tests). The information contained in the AIR is often a major component of the Prosecutor being able to prove the case against you.
Drivers charged with DWI may also lose their Commercial Driver’s License (CDL), even if they were not driving a commercial vehicle at the time. This is especially detrimental to drivers who rely on their CDL to go to work everyday. DWI cases for CDL drivers are highly technical and require a particularly aggressive approach.