Archive for the ‘Drunk Driving’ Category

How Can You Minimize Your Risk of a DUI Conviction in Kansas?

Saturday, December 22nd, 2012

When drivers are stopped for DUI in Wichita or the surrounding areas of Kansas, it can be a terrifying experience.  Everyday upstanding citizens from all walks of life are cited or arrested for DUI, including professionals, police officers, judges, teachers and those in virtually all occupations.  When you are stopped by the police and know you have been drinking, there is an understandable tendency to panic.  However, the way you respond when you are pulled over by a law enforcement officer can play a significant role in determining whether you spend the night at home or in a county jail cell.  At the Sedgwick County DUI defense law firm of Cummings and Cummings, we see many clients that make critical errors because they are overwhelmed by stress and fear during a traffic stop after consuming alcohol.  We have provided a number of answers to common questions we see about how to handle a DUI stop.

Take a Deep Breath and Relax: This suggestion is far more important than you might think when it comes to avoiding a DUI arrest and/or conviction.  Drivers often presume that most DUI stops all proceed along a fixed pattern: (1) stop, (2) discussion, (3) field sobriety testing, (4) breath testing of BAC and (5) arrest.  Many times when officers pull over a driver, they do not have sufficient legal justification to conduct BAC testing or field sobriety testing.  The officer will look for physical signs of intoxication like watery red eyes, slurred speech or the odor of alcohol to justify initiating a DUI investigation.  If you act unusually nervous or evasive, the officer may attempt to use this to justify prolonging the stop and investigating further.

Do Not Be a Chatty Kathy: This may be the biggest mistake made by motorists stopped by police in Sedgwick County.  Many people assume that if they are cooperative the officer will be more likely to let them go.  The exact opposite is true!  If you admit to drinking, using prescription drugs or consuming a controlled substance, the officer will often use this information to initiate a DUI investigation and present this information in court.  While you must provide your Kansas driver’s license when lawfully stopped, you do not have to answer questions about where you are coming from or whether you have been drinking.  One way to handle these questions is to indicate you would like to speak to an attorney before answering any questions.  It is also worthwhile to ask if you are free to leave.

Just Say No: The officer may ask you to submit to field sobriety testing or a field blood alcohol concentration (BAC) breath test.  If you have had anything to drink or taken any form of drug prior to driving, you should respectfully decline to participate.  These tests are used to establish probable cause for a DUI arrest.  Voluntarily participating in these tests in the field may provide additional evidence against you while offering no benefit to you.

Be Courteous: While law enforcement officers are not supposed to arrest you for being rude, they are normal people who may be controlled by their emotions.  If you are argumentative and verbally hostile, this may escalate a situation and give the officer reason to look extra close for a reason to arrest you.

Admittedly, these suggestions are simple and fairly straightforward, but many motorists fail to observe these practices when overwhelmed by the stress of flashing red lights and an armed police officer.  If you or a close family member have been arrested for DUI, experienced Sedgwick County DUI defense attorney Bill Cummings provides a diligent defense to protect his clients from the harsh penalties of a Kansas DUI conviction.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can hel

What You Can Expect With Holidays and DUIs This Year

Tuesday, November 13th, 2012

In our lives there are very few things that we can expect, and predict to go a certain way from start to finish. While there are only a few that can be expected there are many occasions, and instances in our lives that we not only cannot expect, but when we have the opportunity to do so never can truly predict what its outcome may be. Holidays are an aspect of the year that we can expect to occur seasonally, which we can expect to either celebrate with our friends, or family.

Alcohol’s Place During The Holidays

Unfortunately, however, we cannot always predict how a holiday will be celebrated, and the outcome of things taken to the extreme. Soon to come pertaining to holidays is that of Thanksgiving, Christmas, and New Years. During these three holidays one can assume a few factors such as travel, great food, enjoyable fellowship, and probably that of alcohol. Alcohol is one substance that always seems to have a spot on the guest list at many holiday functions regardless of whether it has to do with your family, friends, or co-workers. Yet, holidays are just like normal days within the year that can be full of potential for an accident, or mistake to occur.

During the holiday season each year we see an increase of DUI related crimes, or accidents that take place all over the country. From individuals simply driving erratically to that of serious auto accidents taking place alcohol is one aspect of a holiday that can negatively affect you and your loved one’s holiday season now and for years to come. Aside from the danger an individual puts themselves in when driving under the influence they face serious legal consequences that can affect their lives now, and later on multiple levels such as legally, personally, and professionally.

This holiday season make sure that you have a great time of food and fun with your friends and loved ones. However, make sure that when alcohol is present that it is drunken modestly if you know you will be traveling on the roads later, or have a designated driver in place.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C.
129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

How Your DUI Effects Your Future

Tuesday, November 6th, 2012

Our lives are full of mistakes that constantly are occurring each and every day. When we deal with our mistakes we deal with the cause, the accident, and the eventual effect, which all vary on many different levels. One mistake that many individuals make today is that of driving under the influence. When an individual gets behind the wheel of a vehicle under the influence of either drug substances, prescription medication, and most commonly that of alcohol they are putting their lives at danger, and the lives of other innocent motorists and pedestrians alike.

Your Desk and DUI Coming Face-To-Face

While many individuals are familiar with the physical damages and legal consequences that they can face when involved in a DUI related accident, or are found to be driving under the influence, are you actually familiar with the implications a DUI charge, or conviction has when dealing with the professional aspect of your life? When charged or convicted with a DUI crime you can expect that discrepancy to be apparent, and present on your permanent legal record, which can be seen when a company, or organization runs background checks. Yet, how does this actually hinder you from many future employment opportunities?

Many companies, businesses, and organizations today will not hire an individual that has a past criminal discrepancy such as a DUI crime. On your application for employment you can expect to be asked whether or not you have had a past criminal charge, with additional questions pertaining to later follow. Think you can simply put “None”, and you are all clear? Think again. As stated previously it is a routine part of interviewing prospective employees to run a background check that shows whether or not there are actually any legal discrepancies or not. Today, it is more important than ever to have a position of employment, especially with the country still dealing with that of an economic recession.

Make sure that you do not have to deal with this issue in the future by contacting an experienced, and understanding DUI attorney when you have either made the mistake of having a little too much to drink and getting behind the wheel, or have been falsely accused of driving under the influence.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C.
129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

Lab Errors Result in Over 50,000 DUI Cases Being Reexamined

Thursday, September 20th, 2012

Today, driving is an average portion of our lives, which we participate in almost everyday. Unfortunately, driving behind the wheel under the influence of alcohol, prescription medications, and other substances is also average within the United States. When an individual under the influence gets behind the wheel of a motor vehicle they are not only putting themselves at risk of being involved in a serious automobile accident, but also other innocent people on the road as well. However, when it comes down to that of a DUI crime can you always count on crime and forensic labs to produce accurate results?

The Purpose of Forensic Labs

Crime and forensic labs are there for many different purposes. However, when it comes down to a DUI crime the majority of the time they take and analyze blood samples, perform urinalysis tests, and other testing methods in order to check the blood alcohol content of an individual, or if there were in drugs present in their system.  Usually, these tests are very procedural and have to be done in a specific order and evaluated in a specific way in order to convey true, and accurate results.

A Purpose Being Undermined

Recently, unfortunately, one crime lab failed to properly administer, and accurately examine blood samples, and urine tests, which has now caused nearly 50,000 DUI cases to be reexamined. The report dealing with the issue stated that the majority of the issues derived from one forensic analyst who was basically just sloppy with his work, and mishandled samples, as well as drugs within the lab. Currently, other lab analysts are quickly going back through the analyst’s work in order to make sure that those who were convicted of a DUI as a result of lab work were actually under the influence.

While accidents, and mistakes on our part are a common aspect of life that we deal with everyday it should not be existent within a crime lab. Make sure that when you are charged with a DUI crime to contact an experienced DUI attorney in order to fight for your rights, your case, and your life. Without one you can easily be convicted of a crime you did not commit and live with consequences now, and the rest of your life.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

Understanding Underage Drinking

Thursday, September 6th, 2012

Alcohol, today, is a very present aspect within our society. Whether you actually notice it or not alcohol is everywhere whether it is on advertisements, in your grocery store or convenience store, and even when you sit down for dinner at a restaurant; it’s there. However, alcohol today can also be present elsewhere such as that of underage individuals. In recent times, underage drinking has not only begun to occur more frequently, but has ultimately skyrocketed within the past few years. However, do those under the legal age of alcohol consumption actually understand the potential consequences they face when drinking, as well as when doing so behind the wheel of a motor vehicle?

The Facts of Underage Drinking

If you were to either go to a high school classroom, or a class full of college freshman and asked “Who in here has ever consumed alcohol?” would you be surprised that not only half, but the majority of the class would probably raise their hand? Studies today show that alcohol is now very commonly used amongst teenagers, and young adults under the age of 21. When students go to college they are faced with many different aspects than they were at home, such as the “everyone’s doing it” factor.

College Meets Consequences

Unfortunately, many individuals within this age range do not truly understand what the outcome of alcohol can be. When an individual under the age of 21 consumes alcohol and gets behind the wheel of a motor vehicle they put not only themselves, but also others, and especially their future at risk. Many times, students within a collegiate setting that are charged, or convicted with a DUI can have their scholarships revoked, not be allowed further transportation registered at that campus, and can even be removed from the university. Unfortunately, this impacts a student’s future greatly, which can follow them for many years to come. A DUI charge and conviction can always interfere with post-graduate studies such as medical school, law school, and graduate schools.

Make sure that you take the time out of your day to discuss alcohol with your teenager, or young adult and explain what alcohol actually is, and the negative affects it causes, especially behind the wheel of a motor vehicle.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

Breathalyzers: Hurting Not Helping

Thursday, July 19th, 2012

Drinking and driving, or operating a motor vehicle under the influence of alcohol or other drugs is a very serious crime. When an individual partakes in a DUI they are not only putting themselves in a very sticky, and legal situation, but ultimately a dangerous one as well. However, when a DUI occurs you are putting not only yourself at a serious risk of injury, or death, but also other innocent motor vehicle operators, as well as pedestrians. Yet, when you come into contact with a DUI there are many varying aspects of the crime itself, such as that of a breathalyzer exam.

What Is A Breathalyzer?

What is a breathalyzer you might ask? The majority of people know the general function of what a breathalyzer does. The machine requires that an individual blow in a tube that is connected to a larger, pocket sized portion of the device. After an individual blows into the tube their breath will be registered on a scale that then gives an individual their BAC, or blood alcohol content, score. Legally, an individual cannot be behind the wheel of a motor vehicle with a BAC score over that of .08, and for underage individuals a BAC over .02.

The Problem At Hand

However, the majority of the time a breathalyzer can actually give false results and ultimately cause an innocent individual to be charged, and possibly convicted of a DUI. Yet, how does such a device that is being used by almost all law enforcement officers have so many known issues, and still is being used? No one can be certain as to why these devices are still being used, but individuals actually do have the option to refuse to participate in the test. Hopefully in the future we can look towards relying more heavily on blood testing, or alternative methods that will help determine an individual’s blood alcohol content without producing false, life changing results.

A DUI charge is very serious whether you are falsely accused, or not. When you or a loved one has been charged with a DUI you have the right to fight back for your case, and your life. Make sure to contact a dedicated, and experienced DUI attorney in order to get you the results you want, and need.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

What Is A False DUI Charge?

Tuesday, May 22nd, 2012

Today, driving while under of the influence of alcohol, prescription medication, or other substance is a serious offense in the United States. When an individual participates in a DUI crime they are not only putting themselves at risk of an accident, which can result in serious injuries, or even death, but unfortunately everyone else out on the roadways as well. When you drink and drive you face serious consequences that impact your life now, and later. However, what is a false DUI charge, how does an individual receive such a charge, and what are the consequences that result from it?

Understanding A False DUI Charge

When an individual is charged with drinking and driving when they have not been driving under the influence, or were within the legal limit this is known as a false DUI. Today, more individuals are being charged with a false DUI. Yet, how does one actually falsely get charged with driving under the influence? Many things can easily contribute to a false DUI, which include, but are not limited to:

  • Reckless driving
  • Swerving between lines
  • Abruptly stopping, and speeding
  • Breathalyzer results
  • Blood test results
  • Physical features
  • Smoking
  • False teeth

The Consequences of A False DUI

Being charged with a false DUI is bad enough as it is, but what are the results of a false DUI? When you are charged falsely for driving under the influence, you unfortunately face the exact same consequences that an actual DUI offender does. Some consequences of a false DUI include, but are not limited to:

  • Hefty legal fines
  • License suspension
  • Jail time
  • Rehabilitative services
  • DUI school
  • Employment termination
  • Child custody issues

Drinking and driving, or driving while under the influence of drugs, or other substances is illegal all throughout the United States. When you commit a DUI crime you are impacting the lives of many. However, when you have either been falsely charged with a DUI, or charge as a result of other circumstances you need help that you can rely on. Contact an experienced, DUI attorney today in order to get the results you need, and deserve.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

How Does A DUI Affect Your Life?

Wednesday, May 9th, 2012

Reports state that each and every day a DUI crime will take place somewhere near you. Each year, driving while under the influence of alcohol, drugs, or other substances takes the lives of many motorists, and pedestrians alike. When an individual engages in driving under the influence they are putting not only themselves, but also all others at risk of accidents, serious injuries, and even death. However do you know what all can results from a DUI offense, and how it impacts your life presently, and in the future?

The Legal Aspects of A DUI

Drinking and driving, or driving while under the influence of substances, and drugs impacts individuals lives in very similar, and different aspects. When you are charged with a DUI, and later convicted you face many varying consequences. Individuals who are charged with a DUI should expect to be in a legal whirlwind. Firstly, when charged with a DUI you can expect that your license will be suspended for at least 6 months, which can exceed up to two years. Next, legal fines are expensive, especially when you have a DUI charge, so make sure when you get behind the wheel under the influence you have your checkbook in hand.

A “Personal” Touch

Legally an individual’s life can easily be impacted by a DUI charge, but what about personally, and professionally as well? Many individuals that are charged, and later convicted face employment termination. Employers today have limited job openings and want employees that are responsible in and out of the work place. Yet, after you are fired from your employment due to your DUI it will be even harder to find another job due to your criminal charge. Another aspect of a DUI that affects individuals personally is that of child custody. Many cases show that individuals who have been charged with a DUI lose the child custody that they presently hold. To the court of law, and the other parent it looks as if since you do not care about your safety why would you care about the safety of your child?

When you have been charged with a DUI, or a false DUI you need to fight for your rights and the matters at hand. Contact an experienced DUI attorney today in order to make sure that you get the results you want, and need.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

Ignition Interlock Devices Could Be Mandatory

Thursday, April 26th, 2012

When an individual participates in drinking and driving, or driving while under the influence of other drug substances they are completely putting their present and future at risk of very negative consequences. Today, car accidents and collisions are easily contributed to by drunk driving, which takes the lives of thousands each and every year. Most individuals who drink and drive end up having to pay serious fines that can cost them thousands, and face the possibility of going to jail. Safety and driving should always go hand-in-hand. However, some organizations might be taking safety a little too far when it comes down to driving under the influence.

Ignition interlock devices are instruments that usually have to be installed within a motor vehicle that requires the driver to blow into it in order to get the driver’s blood alcohol content, or BAC. If the BAC results show that the driver is under the influence the car will not start. Most individual’s initial thought is “Oh that does not sound so bad, I mean it is saving lives rights?” One can easily assume that the devices help contribute to getting some DUI offenders off the road, but an ignition interlock device is just like a breathalyzer and has been known to easily produce faulty results.

A study was done with the device and then compared to that of a normal breathalyzer, which showed both had a large room for error most of the time. These devices are meant to pick up and read an individual’s breath in order to see the alcohol content. However, the majority of the time it picks up an individual’s entire breath, which happens to be what they had for lunch, that afternoon snack they got out of the vending machine, or even just a simple piece of gum.

Ignition interlock devices serve the purpose of trying to rehabilitate individuals with past DUI discrepancies back out on the road. However, the United States today cannot handle all individuals being required the installation of this device in their vehicles until two things have been met to everyone’s satisfaction: affordability, and reliability.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

What Can You Expect From A Kansas DUI?

Thursday, April 12th, 2012

In case you have not figured it out yet when you drive under the influence of alcohol or other drugs your not only putting your present in danger, but your future as well. Driving under the influence takes the lives of many each year. Yet, individuals continue to participate in such reckless acts.  A DUI charge, and later conviction, however, can impact your life now and later in a few varying aspects. Although one can assume that you will have to pay numerous fines associated with the crime, and also face jail time, what else can a DUI gain an individual?

A DUI charge is a very serious one that many people are beginning to look differently each and every day. For instance, your job can easily be impacted by a DUI. Your employment status can easily be changed in an instant thanks to a DUI. Many employers do not hire any individuals with a DUI on their record, and for that matter most individuals who already work for them can easily land themselves in hot water with a DUI charge. A DUI shows a lack of responsibility to not only yourself, but also all others around you.

Your personal life can easily be affected by a DUI as well. Many individuals by today’s standard have had a divorce at least once. From these marriages, children were usually the product, which child custody has been given by the court to the appropriate parent. However, if you gain a DUI charge your custody rights can easily be shifted either to another parent or another individual that could stand as a guardian. A DUI shows the judge and the court that you lack your own responsibility towards your safety, which means this could easily impact your child.

When you drink and drive, or get behind the wheel under the influence of other drugs think about what you are about to do. Make sure that you follow the appropriate safety measures and when you’ve had a little too much to drink always rely on a designated driver. Leave the alcohol to being mixed with drinks, not driving.

For a free consultation with one of our experienced Wichita DUI lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704