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Judge Denies Re-sentencing Motion in Fatal Waukesha Car Accident

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A Waukesha County Circuit Court judge rejected Mark M.
Benson’s bid to reduce his 30-year prison sentence for driving under the
influence of drugs and killing three people.

According to court documents, Benson filed a motion seeking
a lighter sentence, contending that Judge J. Mac Davis relied on inaccurate
information when he ordered Benson imprisoned in 2009 for the deaths of a
teacher, her unborn child, and her 10 year-old child. Benson’s attorney claimed
the prison sentence was based on incorrect information that his client had
consumed a large dose of the prescription drug Ambien, causing significant
impairment while Benson was driving.

The information “incorrectly made it appear” that Benson “had
greatly abused his prescription for Ambien by taking an excessive dose” and
gave the impression that the level of the drug found in Benson’s blood was much
higher than a normal range of therapeutic concentrations for a single dose,
court records show. Benson claimed that the court would have returned a more
favorable sentence had the court not been “misled about the level of Ambien in
Mr. Benson’s blood sample.”

Judge Davis denied the resentencing motion, saying he did
not rely on the Ambien level to prove impairment. “The facts and circumstances
of rear-ending somebody without hitting the brakes when they are right in front
of you in clear view shows a high level of impairment,” Davis said.

If you or someone you know has been injured in a car
accident, please contact the Waukesha Auto Accident Lawyers of Habush Habush
& Rottier, S.C. ®, by calling 800-242-2874.