Posts Tagged ‘Kansas DUI Attorneys’

Kansas DUI Attorneys Ask The Public to Resolve Not to Drink & Drive in 2014

Tuesday, January 28th, 2014

No start to a New Year is complete without the time honored tradition of making a list of New Year’s resolutions. Even if you chose not to make a list this year, one thing every motorist should resolve to do in 2014, is to not drink and drive. Much like deciding to quit smoking, the benefits of not drinking and driving are clear. However, if you are in need of a reminder of why driving while under the influence of alcohol is a bad idea, the following list should prove as a helpful reminder:

  • DUI: Any time a motorist chooses to drink and drive, he or she runs the risk of being pulled over on the suspicion of drunk driving and charged with a DUI. Although many motorists understand that a DUI is not something they want—many are unaware of the extent to which a DUI can change their lives. First, a DUI charge will result in the loss of a person’s driver’s license for at least a short period of time, but most often the driver’s license will be restricted or result in the loss of driving privileges for at least one year. A DUI conviction will also mean that that person now has a criminal record. This can lead to problems when the person applies for a job, college or even financial aid. Not only may a person with a DUI conviction have to disclose the conviction to certain people upon request, the information will also become public record. This means if you were convicted of a DUI your insurance company will learn of your misfortune and most likely raise your rates. Lastly, a person convicted of a DUI may also have to serve time in jail.
  • Loss of time and money: Even if your attorney is able to have the DUI charges against you dropped or is able to win your case at trial, you will most likely spend a large amount of time and money in order for him or her to achieve such results. Unless you have a lot of time and money burning a hole in your pocket, it is best to avoid a DUI.
  • Seriously injure or kill yourself and/or other people: Drivers who are under the influence of alcohol or drugs have slower reactions times than drivers who are sober. A slow reaction time while driving, especially in an emergency type situation can prove dangerous, even life threatening. Driving requires a motorist to make split-second decisions. An impaired driver may not be able to swerve in time to avoid a collision or react appropriately to a braking vehicle. A motorist that has been drinking also experiences impaired judgment. Drinking can make a motorist feel like driving at a high rate of speed during poor weather conditions is a great idea. Which can lead the driver to wrap his or her car around a telephone pole or veer into oncoming traffic. Such actions not only put the driver’s life at risk, but also his or her passengers, and other motorists, their passengers, and pedestrians.

If you have been charged with a DUI do not make another mistake by hiring just any attorney. Only an experienced DUI defense attorney can properly advise you of your legal rights and best advise you as to your options under the law. For over 35 years, the Whitman Law Offices have been advising DUI clients on their rights. To schedule your free and confidential consultation, call the Whitman Law Offices today at (785) 843-9460 or visit us online. We can also make arrangements to visit you in jail. Trust the seasoned professionals at the Whitman Law Offices to provide you with exceptional legal services.

Drinking and Flying: How a DUI Could Jeopardize Your Pilot’s License

Wednesday, January 1st, 2014

Every day, we entrust pilots to get us from one city to another efficiently and, without incident. We place our complete faith and trust in a pilot’s skills and training to safely navigate the skies. For this reason, pilots who drink and “fly” are subject to not one, but two sets of rules. First, pilots like any other person, are subject to the state laws in which they are driving. In Kansas, this means that a person is no longer considered able to operate a motor vehicle if he or she has a blood alcohol content limit at or above .08%. In addition to following local state laws, a pilot must also adhere to the Federal Aviation Regulations (FARS) promulgated by the FAA (Federal Aviation Administration).

If a pilot is involved in a motor vehicle incident involving alcohol, certain procedures must be followed. Failure to timely comply with these procedures can cause the FAA to revoke or suspend a pilot’s license. Although the easiest way to avoid problems with the FAA is to not drink and drive, sometimes lapses in judgment do occur. If you are a pilot and find yourself in the unfortunate situation of being charged with an alcohol related driving offense, there are a few things you need to know.

First, is that you are required under FARS to send a notification letter. This letter must be sent within 60 days of the effective date of each and every alcohol related conviction or administrative action involving a motor vehicle. A copy of this form letter can be found on the FAA’s website. The notification letter must be sent to the FAA’s Security and Investigation Division in Oklahoma City, Oklahoma. An alcohol related motor vehicle action that would necessitate sending notification letter can include:

  • Revocation, suspension or cancellation of the pilot’s driver’s license as the result of either the pilot failing to pass an alcohol test or by having a blood alcohol content above .08.
  • Conviction for driving under the influence (DUI), operating while under the influence (OWUI), or driving while intoxicated (DWI).
  • Suspension of a license due to the pilot’s unreasonable refusal to submit to alcohol testing.

As a pilot, you also want to be aware that you may need to send more than one notification letter to the FAA for the incident. For example, if a license is suspended at the time of an arrest for example, for blowing a .95, the pilot would need to send a notification letter within 60 days of this event. If the pilot is later convicted of a DUI by the court, then he or she would need to send another notification letter to the FAA for this event, regardless of the facts that the events both stemmed from the same alcohol related motor vehicle action.

Do not think you can avoid having the FAA discover your alcohol related motor vehicle action by failing to send a notification letter. The FAA will find out about the action and your failure to comply with the regulation can result in a suspension or revocation of your pilot’s license. You will also have to report the action on your medical application.

If you are a pilot who has been charged with an alcohol related motor vehicle offense, you need an experienced Kansas DUI attorney. For more than three decades attorney Charles E. Whitman has defended individuals whose licenses and careers depend on a clean driving record. Protect your license and hire a skilled and seasoned litigator. Contact the Whitman Law Offices today at (785) 843-9460 to schedule your free confidential consultation. At the Whitman Law Offices, we will take the necessary steps to make sure that your rights are protected.