Charged with aggravated battery being first felony offense….can I just get probation in Kansas ?

   

kansas city kansas

Question 

 I am charged with aggravated battery being first felony offense . I am wondering if I could  get a probation in Kansas

Criminal Defense Lawyer, R. Christopher Simons Answer
You need to re-ask this question but put “Kansas” as the location of the case. A Missouri lawyer will not be able to give you much information unless they also happen to be licensed in Kansas. At any rate, no one will be able to give you a specific answer without going over the details of the case and your personal history. Do NOT put that sort of information in a post.

Challenging breath or blood tests in DUI case in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Challenging BAC test results associated with breath tests/Breathalyzers

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Drunk Driving Defenses in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Breath Test Device Not Maintained Properly

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Sobriety Checkpoints in Missouri

   

Police DUI Checkpoint

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Refusing a Breathalyzer /Blood Test in Missouri

   

Refusing a Breathalyzer

Under Missouri’s Implied Consent law, drivers operating motor vehicles on public highways in Missouri are obligated to submit to breathalyzer/blood tests whenever pulled over for suspected drunk driving. Typically, the breathalyzer/blood tests are part of a drunk driving investigation meant to determine a driver’s blood alcohol concentration. Refusing to take chemical tests as provided in sections 577.019 to 577.041 of Missouri legal statutes may lead to automatic suspension of a driver’s license.

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Sobriety Checkpoints in Missouri

   

At a sobriety checkpoint, police officers stop drivers at some regular interval whereby the drivers are briefly detained and those suspected of intoxication are assessed for signs of intoxication and impairment. Police officers do not have unfettered discretion to stop every driver at a checkpoint. There must be an established pattern for stopping motorists. However, the police do not need reasonable suspicion to stop a vehicle at a sobriety checkpoint in Missouri. These checkpoints can be set up at any time though they are common during weekends, holidays, late nights and early morning hours.

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Alibi Defense in Missouri

   

Alibi Defense

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

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THE CRIMINAL DEFENSE OF SELF-DEFENSE IN MISSOURI

   

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.

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