An alibi is a defense in criminal cases whereby a defendant demonstrates that he or she was somewhere else other than the scene of the crime at the time the alleged crime took place. In an alibi, a defendant is simply arguing that it is impossible for him or her to have committed the crime because they were at a different place at the time the crime was supposedly committed. A successful alibi rules out the defendant as the perpetrator of the offense
Self-defense is a criminal defense that can be raised by criminal defendants who inflict serious harm on another person and they believe that they were justified in doing so. This defense can be raised in crimes such as murder, assault, battery and others where the accused responded to the threat of force or violence from the victim. While Missouri laws prohibit the use of force and violence against other persons, they equally allow individuals to use reasonable and proportionate force to protect themselves from imminent harm. Therefore, inflicting serious harm or even killing an assailant may not be considered a criminal act when the defendant reasonably believes that his or her life is at stake.
A person whose driver’s license is suspended by the Missouri Department of Revenue may have his or her driving privileges reinstated after the suspension period is served. Under section 302.281 (4) of Missouri laws, there are specific steps that must be completed in order to get a suspended driver’s license back. The requirements may vary based on the nature of the offense and the kind of suspension in effect. Typically, offenses that are deemed greater or severe will have stricter requirements. The following are the steps to follow
First, stop posting facts of the case online. Second, your husband will probably need to hire a DWI attorney. At this point, the government has already started two different actions against your husband: a criminal action for the DWI/ hit and run, and a license revocation for testing over .08. These are 2 separate issues that you will need to fight.
Justin Hunt is a defence lawyer based in Kansas City, Missouri, and working at KC Defense Counsel.He has had a wide range of criminal law experience, having worked as a prosecutor in California before changing sides when he moved to Kansas City
If you are facing a DUI or DWI charge in Kansas City, it is important to note the fact that the state of Missouri processes these offenses administratively as well as criminally. Administrative actions differ from criminal or court actions, and if you are facing these types of charges, you should be aware of these differences.
If you are charged with serious criminal charges, you need a serious criminal defense. Our attorneys have the experience and knowledge to help you
In the state of Missouri, law enforcement officials are permitted to set up DUI checkpoints. Typically, these checkpoints are placed on busy roads and the officers involved will either stop every car that comes through or they will use a pre-formulated system to stop cars in a seemingly random manner. Once stopped, a driver may be asked to submit to either a field sobriety test or a breath test and if they fail, they will be arrested and charged with a DUI – even if they didn’t show signs of drunk driving before reaching the DUI checkpoint.
Under normal circumstances, when a police officer initiates a traffic stop in order to determine if someone is driving while under the influence, they first need probable cause to show that there was a legal reason for pulling the driver over. For example, if a driver runs a red light or is erratically swerving across lanes, an officer has a legal reason to pull them over. Then, based on their interaction with the driver, they may proceed with a field sobriety test or ask the driver to take a Breathalyzer test. Without probable cause, the stop and subsequent DUI can be legally challenged in court.
Knowing this, it’s easy to understand why so many Americans believe that DUI checkpoints violate the 4th Amendment.
The 4th Amendment states:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Basically, this protects Americans by prohibiting law enforcement from making searches and seizures without probable cause. When applying the 4th Amendment to DUI checkpoints, the following should be noted:
Despite this, the United States Supreme Court has ruled that DUI checkpoints are legal, as long as they meet specific criteria.
In order for a DUI checkpoint to be viewed as constitutional, the following criteria must be met:
If law enforcement fails to meet with this criteria it may be considered an unconstitutional checkpoint and anyone charged with a DUI may be able to use this argument as part of their defense.
If, while driving, you note that a DUI checkpoint is ahead and you can legally turn or make a legal U-turn to avoid the checkpoint, you may do so. However, there are almost always officers posted to specifically watch drivers who avoid going through a checkpoint and if you violate any traffic laws they will pull you over.
Do not take any chances, get your DWI lawyer to take your paper down there and get this dismissed if he is able to. This has ramifications of revoking your diversion agreement and hurting your ability to make a living. Call your lawyer immediately
