Archive for the ‘Kansas Car Accidents’ Category

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 Implied Consent?

Thursday, July 5th, 2012

Drinking and driving, today, is an action, and crime that impacts your life now, and in the future. When an individual partakes in consuming alcohol, and gets in a car, or vehicle they are greatly raising the likelihood of an accident occurring. The majority of the time these accidents not only result in serious injuries, but also death. However, drinking and driving also holds serious legal consequences for an individual whether they are falsely accused of the crime or not. When it comes down to a DUI investigation and your case do you actually understand what implied consent is?

Breaking Down The Situation

When you are pulled over by a law enforcement officer that is the exact moment that the investigation portion of your DUI case begins. Usually, law enforcement officers have a routine in how they conduct an investigation. To begin, they will usually run an individuals license plate, as well as ask for their license and vehicle registration. After that is when the real evidence is gained in a DUI investigation. A law enforcement officer will ask you to participate in something known as a field sobriety test, as well as a breathalyzer exam.

The Facts of The Matter

While the majority of people just participate in doing both without thinking about the situation, and whether or not they have been drinking or not, you actually do have an option as to whether or not to participate in either. This is known as implied consent. Implied consent is when officers ask you to participate in either one of these exams with the belief that when you participate you understand you actually had an option as to opt out of the whole thing. Some would think that a law enforcement officer would inform individuals that they have the option to say “No”, but they do not.

Yet, what are the consequences that are associated with saying “No” to these examinations? If an individual does refuse to participate in either exam they will only for certain face a license suspension for a period of time. Although this is a hassle all in itself, by refusing to participate in the exams an individual can easily raise their defenses and help fight evidence against their DUI charge.

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

Underage Drinking On The Rise in Kansas

Monday, March 19th, 2012

Alcohol can be seen from the entire world no matter what walk in life you are: rich, poor, young, or old. Individuals view alcohol differently in all aspects of life. Alcohol can be used in celebrations, when happy, when depressed, and even just for its ending factor of being drunk. Today, alcohol is not only used, but also abused more frequently than ever, which ultimately can contribute to your health issues now and later down the road. Yet, one thing that alcohol has yet to prove it does not mix well with is driving. When you get behind the wheel of a motor vehicle while intoxicated you instantly put yourself and all of those around you at risk of being injured, and even killed.

One aspect of alcohol that is pretty common knowledge within the United States is that of the legal age of consumption, which is 21. In saying so those under the age of 21 are not legally able to purchase and drink alcoholic beverages. Yet, today more than ever, underage and teen drinking is at an all time high.

High schoolers not only drink alcohol, but also abuse it roughly. Many do not understand that with things such as alcohol comes responsibility. The responsibility one must have when consuming alcohol is the responsibility to demonstrate public safety not only for themselves, but all others as wel

How these children are getting this alcohol from everywhere is something that varies in many different forms. They might have older friends, their family might be apathetic to the laws of underage drinking, and they could even have fake identification cards that could let them access as much alcohol as they could afford.

High schoolers today are not focused about tomorrow, or the next day, but they are focused on right now and what is happening this very moment in their lives. We have all been there, and it can be certain that younger generations will take a pit stop in life there as well. Drinking is an aspect of socializing that teens will participate in whether you like it or not. However, a new idea to lessen underage drinking has occurred. When talking to teenagers or your children about alcohol make sure to not only make them understand that it is illegal, which they can get into serious trouble for partaking in, but more importantly the health risks and other incidents that occur from drinking it.

Make sure that your children understand not only what a DUI can do to them right this moment in life, but how it can impact where they go to college, or who ends up hiring them in the future.

For a free consultation with one of our experienced Wichita DUI attorneys, 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 a DUI

Monday, March 12th, 2012

When you get out on the roadways you assume that everything will go according to plan. You never expect that when you are out going to get groceries, or picking up the kids from school you will come face to face with a crime being committed. When you drive and are under the influence of drugs, which include alcohol, you are not only committing a crime, but also potentially putting your life in danger. It not only puts just your life in danger, but every other party that is around you whether it is another motor vehicle driver, or a pedestrian.

Yet, what do you really get when you drink and drive? Drinking and driving, or being under the influence of drugs while operating a motor vehicle is a crime not in just one state or community, but all 50 states. Although there are not any set laws and guidelines as to how a state should punish driving while under the influence, most tend to have the same consequences such as license suspension, fines, rehabilitative services, and even jail time.

When you drink and drive you can expect that your license will be suspended for a period of time whether it is for refusing to participate in a breathalyzer test, or for actually have a an illegal blood alcohol content (BAC) score that is over the legal limit.

Individuals can expect to pay fines that vary upon the severity of their crime such as: was this the perpetrators first or multiple DUI charge, was anyone injured or killed, and if there was any damage to property. Also, jail time is a possibility that can amount anywhere from weeks, to months, and even years.

Rehabilitative services and ignition interlock devices can all either be recommended or be required of an individual who drives while under the influence. These programs and devices are not only there to help the present situation at hand, but to ultimately help an individual with something that could last a lifetime.

When you drink and drive you are committing a crime no matter how you look at it. When you are either charged, or falsely accused with a DUI you need an attorney you can count on that will fight diligently for your rights and your reputation.

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

Texting: A Driver’s True Enemy

Tuesday, December 13th, 2011

Over the years change has been a constant variable that all the varying societies and civilizations have seen. We have seen political power change, laws change, prices drop or rise, and specially the trends within the world. However, one thing that has certainly set the stage for new opportunities, and future success upon each generation is the drastic change of technology that each year brings. Computers, televisions, and iPods have revolutionized the way that we not only think, but also live our lives today. However, one invention to date has paved the way for possibilities and problems alike, the cell phone.

Cell phones can be seen not only in every family, but every individual in a family. From young, to old, students, to adults cell phones have many different functional purposes that range from entertainment to communication, and even software editing. Yet, with so much to do on cell phones today who’s stopping someone from putting it down, even when driving?

Studies have shown that texting and driving are now more dangerous in comparison to drinking and driving on roadways today. Similar to drunken driving, texting while driving exhibits similar behavior with drivers swerving in between lines and speeding then stopping abruptly around fellow vehicle drivers. A study showed that a driver who sent an average text message exhibited the same driving as an individual with the blood alcohol content of 0.08 and even higher.

Each year many people who text and drive not only die, but contribute to the death of many. Some vehicles now have the feature of a hands free texting and talking, but it really does not help anything that much except another form and filter in which a person to be messing with on top of a cell phone as well.

Inevitably, many people will obviously be upset at first if a law is passed limiting, or banning the use of a cell phone in a motor vehicle besides that of GPS devices, but overall Americans should not be concerned with their emails, planners, or social networking when they are behind the wheel of a 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

Reasonable Suspicion: The Facts

Tuesday, November 15th, 2011

In today’s day and age it is hard to trust everyone in the world. Some trust all, while others only keep a few close. Either way, the moral of society has begun to change drastically. Our law enforcement entities, and offices are also another aspect of life that is becoming harder to believe, or trust in some matters of the law. Of course people hear on news channels everyday how cops might have done this or they might have done that to get someone arrested, but what about when they falsely accuse you of a DUI in your town, or city?

Many reports today have started to aim sights at police officers and their corruption all across the country. When a police officer falsely accuses you of driving while under the influence you need to protect yourself, and your future. Many police officers can easily pin a false DUI on an individual due to so many faulty forms of examination technology. Many cases are simply begun with an individual maybe going off the road a little bit cause an officer to immediately notice.

From there, officers then proceed to pull an individual over and investigate the physical appearance of the person as well as any smells that they could easily mistake as alcohol such as finger nail polish, or many health products used for illness. An individual is then asked to participate in a field test in, which a physical response is observed. Many people have walked perfectly fine and done perfect on such exams, and were still considered to be drinking and driving.

Following the standard field test, a breathalyzer or blood test can be given. However, breathalyzer exams have been revealed to be almost inaccurate every time upon their use, which causes many false convictions for those individuals. Although blood work is done in a lab setting, many officers of the law have been known in the past to “make sure” that individuals were charged with a DUI, which meant that blood work might go missing or switched with another person.

A person would think that with our hard earned tax dollars going into the salaries of public works departments such as police officers and their facilities honesty and integrity would be included in their service, but it is yet to be truly seen.

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