Texting: A Driver’s True Enemy

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

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Avoiding A DUI, How and Why?

November 16th, 2011

Today, individuals are much different than there was over half a century again in the days of poodle skirts, and drive-in movies. Society is now built promising features such as equality, strength, and individualism. These aspects have not only greatly shaped how we live our lives day in and day out, but also the laws of the United States throughout the years. Over the years drinking has been a primary source of laws in this country. From changing the legal age of consumption, to serving those that are underage drinking has been a top concern of lawmakers in America. However, the largest aspect associated with consuming a nice, cold alcoholic beverage is getting behind the wheel of a vehicle.

A DUI, or driving while under the influence, charge is a serious crime in this country today. To get one of these not only pricey, but also life-changing tickets is quite easy. All an individual needs to do is simply sit, not even drive, behind the wheel of a vehicle after consumption of alcohol. Although some can get away with a beer here, or a glass of wine there without getting a DUI, the general population that does consume alcohol that does drive is not showing proper roadway safety.

To avoid a DUI ultimately it is advised by all that a designated driver is implemented to any situation that drinking could occur from. However, some individuals do not always heed the advice of those more conscious of possible situations. If an individual has had a small amount to drink and plans on driving, a period of sobriety is recommended, in which the individual consumes water for a about 30 minutes to make sure that the alcohol content has declined some.

When driving a person is advised to always follow traffic laws and regulations. If an individual has more than just a few drinks it would be best not only for themselves, but everyone else on the road if they would simply catch a ride or stay with a friend.

Drinking and driving within the country is a publically known issue, which continues to rise. However, with so much attention one can only assume that safety would be prime concern of all. In the future, one can only hope that people will not be mixing their drink with alcohol and driving.

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

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Reasonable Suspicion: The Facts

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

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Bad Results, What’s New?

October 11th, 2011

When an individual is behind the wheel of a motor vehicle they have one true purpose when dealing with driving, going from one point to the next to carry out their tasks and back to the point of origin. So when a person drives they would like to experience as little technical difficulties with the trip as possible. However, from car problems to the external environment a trip can never be guaranteed to go smoothly. Yet, when problems do arise in any form we depend on someone or something that we trust. When we are accused of drinking and driving and participate in field sobriety tests and a breathalyzer examination, we should trust the breathalyzer results, right?

Something that has given people trouble not only in the past, but is still continually causing uproar of issues from not only individuals in Kansas, but also apparently all across the nation is the infamous breathalyzer. The Intoxilyzer 8000 is a breathalyzer machine, which is commonly used all over the nation when field sobriety tests are administered to drivers.

Recently, a news report has stated that in 2006 alone thousands of individuals in the state of Kansas were given false breath results, which lead to hundreds of convictions, hefty fines, and even jail time for some. In Kansas alone, there are 231 machines that were in use and 40% of those falsified results. With so many instances occurring in one state alone many would have to think what about the rest of the country.

Many studies have been done to actually get a yes or a no as to whether or not breathalyzers should even be used when the sobriety tests are given. So many issues currently exist not only with the Intoxilyzer 8000, but various breathalyzer products that are found small and large in many law enforcement agencies.

Inevitably, a reform must be met so that innocent individuals are not constantly being convicted of such crimes when try perpetrators of the crime continue to drink and drive on a daily basis without any remorse, or punishment. If this continues to be done and dealt with many will become angry, upset, and eventually fed up with the law enforcement equipment, and soon all trust will be lost with the officers of the law out there who are suppose to be defending our homes and communities of criminals, not innocent citizens.

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

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How Much Is Too Much? Alcohol Awareness

September 23rd, 2011

Everyday we have certain tasks that are at hand that must be carried out, or responsibilities. From taking the kids to school, to going to work, picking up the laundry, or going by the grocery store to pick up a gallon of milk we all have things that have to be done everyday in order for our day to function properly. Everyone needs a break from that at some point for either a small portion of time or for a day or two. However, when an individual needs to resume their life after a certain point you are faced with the question, “ How much have you had to drink?”

Alcohol consumption is something that is present in everyday life of those either above or below the legal age of the consumption of the liquid. Many people simply “toss back” a couple of beers at the sports bar, or maybe have a glass or two of wine at dinner on a daily, or weekly basis. Yet, people still do not grasp the concept of when they have had too much, or more importantly is I able to drive home safely without endangering others or myself around me?

BAC, or blood alcohol content, is the measure of blood within an individual’s body that relays to health professionals, or usually law enforcement officials how much alcohol an individual has consumed. Many people now see that a breathalyzer is inaccurate and do not believe that it will determine their fate when dealing with a DUI charge. However, more often these days’ people are relying on blood tests to determine the BAC of an individual. The legal level is 0.08, which are often times easily exceeded just by a small bit. However, alcohol is also abused obviously since many people are drinking excessively, driving and placing risks with not only themselves, but also others on the roads.

Inevitably, drinking and driving just don’t serve as the best mix, yet people still insist, “Oh I’ll be fine! I only had a sip!” A sip can lead to a drink, and drink can lead to a few, and a few could lead to health related consequences on and off the roadways.

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

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Is Hiring a Lawyer Really That Important?

September 20th, 2011

In the popular television shows, the lawyer appears just at the right time to gallantly defend his client’s innocence with a compelling speech or solid piece of evidence. As much as we would like to believe it, reality isn’t quite as picturesque.

Most defendants do not have a lawyer to ride in and save the day. If they do, it is usually a public defender that was appointed to their case. This public defender may or may not meet with the client before walking into the courtroom. That is definitely not the kind of thing that happens in our favorite law dramas. In reality, defendants looking at misdemeanor charges usually appear to court without counsel in their corner.

They typically think that they will receive a fine and a slap on the wrist before returning home to life as usual. These people do not know how valuable having an attorney is. Most people don’t have $1,000 to $2,000 at home sitting in their piggy banks for situations like these. This is where having a lawyer comes into play.

Lawyers can negotiate a deal on their client’s behalf to ensure that the outcome of the case is the best one available. If you opt out of having a lawyer, it then becomes your responsibility to know what is going on in the courtroom.

You must take the time to research and know what is going on. This includes courtroom vocabulary, possible outcomes, ways to negotiate a deal, etc.  No one is going to take the time to explain the court proceedings to you. The prosecutor doesn’t simply have justice on his mind. He wants to clear his court docket efficiently and in a timely manner so that he can move on with his day. Judges are also very busy. Your case may have a great impact on your life, but it is just one of the many that floats across their desks every week. This could be the way you want to handle your situation, but for many people, finding a lawyer is the answer. A lawyer is there to help answer the questions you may have regarding your case and to work through this process with you step by step.

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

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Are You Safe in Your Car?

August 13th, 2011

The day a person receives a legal license to drive a motored vehicle is one that children across the world look forward to. Parents and adults across the world take for granted the ability to jump and safety arrive at a destination then return home. We worry about our children and every aspect of their lives. Adults fear the uncontrollable but often to forget to take care to of necessary things to help prevent accidents of any nature for themselves, children, elderly, neighbors or strangers.

Driving just down the street or across the country can be walk in the park or in an instant it can become a nightmare. When buying a vehicle it is crucial to consider all the factors, especially safety prior to purchasing. As good as a vehicle may look on the outside if it doesn’t meet the highest safety standards it may be in your best interest and the best interests of your loved ones to look elsewhere. When purchasing a vehicle do the background work and do not allow others to rush an important decision. With the large amount of information available on the web there is no excuse for not knowing which vehicles are safe and which are not.

If an accident does occur whether it is the fault of the driver another vehicle’s driver or what you presume may be the fault of the vehicle, seek legal advisement prior to any rash decisions. Accident attorneys are very knowledgeable of any issues that may pertain to safety rates of your vehicle as well as other vehicles involved. You are entitled to receive compensation for accidents that cause loss of wages, injuries and other damages. Accident lawyers can greatly increase the amount of compensation you may receive. Be informed of the laws and let an accident attorney fight for you. Insurance adjusters will not tell you what you should know. They will inform you of what they want you to know. Do not be misled. Let your attorney fight for you!

At Cummings & Cummings, L.L.C. we know each case is about you. Your needs always come first. We work aggressively to protect and defend our clients’ rights and seek minimal charges when possible. We utilize every available resource to investigate and explore the facts so we can work to achieve results you can be satisfied with. For a free consultation call (316) 264-1548. Our firm represents clients throughout Sedgwick County and south-central Kansas. We do offer full bilingual services for Croatian-speaking clients. Call us today and let us work for you!

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Kansas DUI Laws Change

August 7th, 2011

The state of Kansas recently amended the laws concerning DUI convictions. The current law, Senate Bill 6, was official signed by the governor on May26, 2011. Senate Bill 6 took effect on July 1, 2011. It partially changed the penalties of a DUI conviction in Kansas. Similar to the prior DUI laws, the severity depends on prior convictions and if there are multiple convictions.

Out right refusal to submit a breath test, blood or urine test results in a suspension of one year followed by an ignition interlock regardless of prior DUI incidences in Kansas. The length the ignition interlock is effective varies based on prior convictions. If it is the first offense of DUI and the breath test results are a failure with an alcohol level of .08 to.15 the length of driving suspension is 30 days followed by 6 months of ignition interlock. The length of interlock is extended to 12 months if there is a prior MIP, Open Container or three moving violations. The driving suspension is increased to one year if the failure of a breath test is over .15 for a first time offense or over .08 on a second or more offense. This is still followed by ignition interlock which will be based on the number of prior convictions.

A big change occurs now with anyone who is has received a suspension may obtain a newly restricted license which will allow the ability to drive to and from school or work and the ability to drive to alcohol treatment after a 45 day suspension. The restricted license must come with an interlock device used only with the allowances to drive per the restriction. Ultimately the one year suspension becomes 45 days suspension with ignition interlock and driving restrictions.

The newly amended law can be retroactive for people suspended from driving prior to July 1, 2011. In order for the retroaction to be applied an application and $100.00 fee must be paid. If these prior convictions have previously completed 45 days suspension a restricted license with ignition interlock can immediate take effect. After July 1, 2011 they fee is only $50.00 to request an administrative hearing.

Minimal fines on all Kansas DUI convictions have increased by $250.00. So as of July 1, 2011 a first time DUI offense will cost the individual $750.00 and a second offense is $1,250.00.

The residential treatment option opposing jail time no longer exist for second or subsequent convictions. A 48 hour minimal jail time is required for a second time offender plus a work release of 72 hours in addition to the hours the person is working or an additional 120 hours on house arrest.

Third time DUI convictions in Kansas are addressed based on whether prior convictions have or have not occurred within a ten year span. With no prior DUI convictions within the last ten years, the third offense is considered a misdemeanor punishable by $1,750.00 in fines, 48 hours jail time followed with 192 additional work release hours or house arrest with a G.P.S. for 240 hours excluding the time the convicted individual is allowed out of the house. The third conviction with a prior within ten years is felony with the same minimal punishment.

A fourth Dui conviction in Kansas is a felony regardless of time spans. This offense is punishable by a minimal of $2,500.00 in fines, 72 hours in jail followed by 168 work release hours or 240 hours of house arrest with a G.P.S.

Effective July 1, 2011, any prior convictions and diversions will not count against individuals as convictions in determining offenses. So anyone convicted of a DUI after July1, 2011 with prior convictions can still be convicted as a first time offense. A DUI conviction can be expunged after 10 years.

The newly effective amendments to DUI laws are increasingly complicated but broken down into layman’s terms makes the essence of understanding them much easier. Carrying out previous convictions, new terms and suspensions will require much deliberation and only time will tell how they are handled and addressed.

Hiring an attorney that is experienced in DUI and knowledgeable on the new laws will be crucial to your once you have been arrested on DUI. At Cummings & Cummings, L.L.C. we know each case is about you. Your needs always come first. We work aggressively to protect and defend our clients’ rights and seek minimal charges when possible. We utilize every available resource to investigate and explore the facts so we can work to achieve results you can be satisfied with. For a free consultation call (316) 264-1548. Our firm represents clients throughout Sedgwick County and south-central Kansas. Let us work for you!

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Is There a Defense Against DUI in Kansas?

July 7th, 2011

Driving under the influence of drugs or alcohol is a dangerous risk and a serious crime in all states. Conviction, even for a first offense, brings serious consequences that could include fines, court-ordered community service and drug or alcohol treatment, jail time, and suspension of your driver’s license. If you’ve been arrested on a DUI charge, you may be wondering if there is any defense against the charge or hope for redeeming yourself.

In fact, with the right attorney mounting your defense, there may be options open to you. The state must show that you were driving and that you were operating under the influence of alcohol or drugs at the time of the arrest. The majority of the evidence against you will consist of the results a blood alcohol concentration (BAC) test and the testimony of the officer who arrested you. Your attorney will, after reviewing the case, recommend the best course of action.

Your lawyer will scrutinize the arrest records to determine whether established legal procedures were followed properly during your arrest. This means the officer had to have probable cause to stop you, observed behaviors that suggested intoxication, and correctly given you Miranda warnings. If your attorney sees any indication that these procedures were not followed, the state’s evidence could become inadmissible in court.

Another defense involves presenting evidence that refutes the testimony of the arresting officer. You may have witnesses who saw you before you got into the car, for example, who can testify that you hadn’t been drinking.

Issues surrounding the way a BAC test was administered may also serve as a defense against DUI. Although laws vary from state to state, provisions exist to ensure your rights as well as the legitimacy of the test. For example, your license can be automatically suspended in some states if you refuse to submit to a BAC. If the officer neglected to inform you of this, or failed to offer you a choice of which type of test (in states where the option is available), the subsequent test results might be inadmissible.

Obviously, a great many factors must be considered when planning the best course of action following a DUI charge. If you have been arrested for driving under the influence of alcohol or drugs, the consequences of a conviction are severe and will follow you far into the future.

Call us today for a free consultation. Consult our law firm to discuss your case with one of our skilled and experienced Wichita DUI lawyers as soon as possible to discuss the specific details of your case.

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The Best Defense When Facing Arrest: Shut Up!

June 27th, 2011

While it is difficult to quantify the exact number of those arrested for Kansas criminal offenses that either made the case for the prosecutor or at the very least provided critical evidence, there is no denying that the number of cases is substantial.  Most people who are arrested provide damaging incriminating statements or lie creating a whole slew of other problems.  While the typical citizen in Kansas understands that they have certain protections that are included in a Miranda warning including the right against self-incrimination (right to remain silent) and right to counsel, many people are so shaken during an arrest or interrogation they attempt to talk their way out of the situation.

If you make incriminating statements once you are “in custody” (i.e. no longer free to leave), the incriminating statements and evidence obtained based on those statements, such as revealing the location of critical evidence, may be subject to the exclusionary rule which allows evidence obtained illegally to be excluded from being used as evidence against you.  An experienced Kansas criminal defense lawyer will carefully examine the facts of your case to determine if your Miranda rights were violated.  A violation may including any of the following:

  • Failure to give a Miranda warning
  • Continuing to question a citizen despite the accused asserting his or her right to counsel
  • Ignoring a citizen’s indication that he wishes to remain silent

If your Kansas criminal defense attorney believes that their has been a Miranda violation, the attorney may file for a suppression hearing to have any incriminating statements and evidence obtained from those statements suppressed so that the evidence cannot be used against you.  Our experienced Kansas criminal defense attorneys frequently file motions to suppress incriminating evidence or statements based on Miranda violations.  A successful motion may so compromise the prosecutor’s case that the prosecutor agrees to dismiss or substantially reduce the charges.

However, the Supreme Court has recently limited the protections of Miranda so it is critical that you clearly articulate your desire to exercise both rights.  You should not discuss your case with anyone and should clearly indicate that you are invoking your right to remain silent and do not want to answer any questions until you have obtained an attorney who can be present during any questioning.  The police may try to persuade you to sign a waiver or verbally agree to waive these rights.  They may even suggest that it will result in less punishment or that you may be able to go home.  This is absolutely false; it will never help you to speak to the police.  You should invoke your rights and shut up!

A common mistake many people make when arrested is to lie to the police.  This rarely goes well and eventually ends up creating more problems.  It is very difficult to lie effectively during a police interrogation so the result is usually simply conflicting contradictory statements or statements that are clearly not supported by the evidence.  These contradictions will typically be used at trial if you did not invoke your Miranda rights.  These statements may be used in a variety of ways.  They may provide evidence that you committed the crime, point the police to other damaging evidence, suggest that you are dishonest and not truthful at trial or simply make you look less sympathetic to the jury.

An additional problem posed by lying is that this can in some situations be an independent basis for criminal liability.  Depending on the law enforcement agency and surrounding circumstances, it may be easier to prosecute you for lying during an investigation than to convict you of the underlying offense.  A good example of this scenario in the media is Barry Bonds perjury case.  Bonds is not facing charges for using steroids but for lying to Congress about whether he used steroids.

The bottom line is that the protections of Miranda are a very powerful tool.  It can sometime be difficult to determine the precise moment that Miranda protections begin because you must be “in custody” before the officers are required to give a Miranda warning.  While a formal arrest will often denote the moment a person is in custody, the exact moment may occur earlier if you were not free to leave.  You may even ask if you are free to leave.  If you are free to leave, then do so.  If not, you should immediately remain silent and invoke your right to speak to an attorney.  At Cummings and Cummings, LLC, we represent those charged with all types of crimes including DUI, misdemeanors and felonies.  We have over 30 years of collective experience defending citizens from Wichita and throughout south-central Kansas.  When your freedom and reputation hang in the balance, Cummings and Cummings will fight for your future.  Call us today at (316) 264-1548!

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