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RECENT POSTS - Breath_test_DUI

Check out the latest posts from Cummings & Kennedy's Carteret County law blog.

In any criminal case it can be confusing to try and figure out the evidence, and what can be used to help or hurt you. The law places certain burdens on the parties to the case, and when the party responsible for establishing their burden fails to do so the case should be dismissed. Sounds easy enough, right? Unfortunately, things don’t always go this smoothly.  

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Is A Breath Test Reliable?

  • By James Cummings
  • Feb 18, 2015

One of the most adrenaline inducing moments of life can be when you see the flashing lights of a police cruiser in your rear view mirror after you’ve been drinking. The first few seconds can be the worst, and the anxiety that is produced lingers for days after the event. Anyone who has been in this situation is understandably scared, and wonders what the best course of action is to resolve the matter. Part of the confusion may stem from the process, and in particular the breath test. The facts are clear though: not all results are reliable. Human error plays a part in the testing, and since no one is perfect it is wise to challenge the validity of the test results.  

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Can They Take My Blood In A DWI Case?

  • By James Cummings
  • Feb 17, 2015

Being charged for DWI requires the authorities to show you are legally intoxicated. What that means is that the level of alcohol in your blood exceeds the legal limit. To make this determination the police may perform a field sobriety test, which might include a Breathalyzer. However, a more accurate conclusion of your BAC is reached by the officer actually taking your blood. The process for obtaining a blood sample is complicated.  

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DWI’s aren’t reserved for just those “of age” to drink. There are plenty of college kids and other underage drivers that drink and drive. Drivers under the age of 21 can be pulled over and arrested for a provisional DWI and the charges are serious. But, it is not a foregone conclusion that if you are underage and pulled over after having been drinking you will be charged with the lesser offense of provisional DWI. The type of DWI is within the arresting officer’s discretion and differs from case to case.  

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Being pulled over after you have been drinking, or facing a DWI checkpoint while under the influence is an unsettling experience. It can be difficult to remain calm and think clearly, but your reaction to the stop is very important to your case. There are certain things you should not do, but there are also actions you can take that may prove beneficial to you in the long run.  

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Sparks Flew On The 4th Of July

  • By James Cummings
  • Feb 16, 2015

 
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Another Athlete Faces DWI

  • By James Cummings
  • Feb 16, 2015

 
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Child Star Gets Probation for DUI

  • By James Cummings
  • Feb 16, 2015
Arguably one of the most popular child stars of all time, David Cassidy, seems to repeatedly face criminal charges.  
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