As you likely know, Johnson County and across the state of Kansas there are harsh penalties for drunk drivers. The charges are even worse where an accident, causing injury, occurred. That is because the DUI charge becomes an aggravated battery. Kansas defines aggravated batter as "knowingly causing bodily harm, great bodily harm, disfigurement or death to another person."
Because this charge is a "strict liability" criminal offense, the prosecutor need not show (beyond a reasonable doubt) what caused the injury to the other person. Rather, showing that you were under the influence while driving (remember that driving can mean operating or attempting to operate) a motor vehicle and that harm was done.
Being charged with this offense means you are prohibited, even if it is your first DUI, from participating in a diversion program. Depending on the extent of the harm done, you may be facing several months to several years in jail, fines, fees, etc. We suggest you get an attorney right away. There are defense to this charge. Call NOW 913.602.7288. Payment plans are available.
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