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

About Observational Period Violations

  • By James Cummings
  • Oct 24, 2017

  

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At Cummings & Kennedy Law Firm, we are able to help you with alcohol-related charges. This can include helping clients deal with charges of boating while impaired after being on one of North Carolina's waterways, helping clients protect their driver's license in a DMV hearing after a DWI or could even mean that we are helping minors handle underage possession or fake ID charges. We also recognize that alcohol-related charges do not always stand on their own. For example, someone who has been criminally charged with public intoxication could also be facing concurrent disorderly conduct charges and we are fully prepared to handle both.  

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Sideline Reporter Has Been Sidelined

  • By James Cummings
  • Feb 18, 2015

A DWI arrest is scary and confusing. In the moments just after you are pulled over, your thoughts are consumed with what to do next. You might wonder how much of a fine you will face, or if your job will be in jeopardy as a result of the charges. When the police say you are driving while intoxicated it is important to develop a solid defense to the charges so the things you care about, like your job or right to drive, are protected. Our extensive experience in criminal defense, and DWI defense, gives us valuable insight on how to best fight DWI charges in eastern North Carolina.  

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DWI cases are two-fold, there is the criminal case against you for DWI and there is also an administrative portion of the matter concerning your right to drive. What most people don’t realize when they receive a DWI is that they must fight both of these cases in order to reach an acceptable outcome. The portion of the case dealing with your driver’s license should not be ignored because you face the loss of your driving privileges. If you are unable to drive, it will be difficult for you to get to work or school, and can cause a strain on your relationships with family and friends.  

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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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DWI Basics

  • By James Cummings
  • Feb 17, 2015

Being arrested for DWI in North Carolina is a serious crime. North Carolina has one of the strictest DWI laws in the country. This is true dating back to the late 1990’s, and since that time the laws have become tougher. Because the laws are so harsh, many people think they cannot successfully defend a DWI charge. This is not true! You can and should fight back if you have been charged with DWI.  

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The Game Never Ends

  • By James Cummings
  • Feb 17, 2015

When you hold a position that constantly puts you in the public eye, you may be destined to live the rest of your life in the spotlight even after your position as a public figure comes to an end. Consider politicians, such as the President of the United States. Most people would be hard pressed to think of a President that did not still make news, even after his term of office ended. The same is true of celebrities and athletes. Just because their time in the movies or professional sports comes to a close doesn’t mean once famous people are now free from paparazzi or from the journalist’s pen. 

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The list of items most people can’t go without is pretty short. Of course the list includes the basic necessities of life such as food, shelter, and clothing. In today’s world you can add to that list certain “techie” items like a cell phone or tablet. Still another thing that significantly impedes a person’s ability to conduct their daily routine is the loss of their driver’s license. That little card with your picture on it suddenly becomes vital when it isn’t in your possession. In DWI cases, the possibility of having your license revoked or at least temporarily suspended is very real.  

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Is It Ok To Plead Guilty To A DWI?

  • By James Cummings
  • Feb 17, 2015

When you are pulled over for DWI, the experience can be scary and confusing. What you need to know is that before you can be charged, the police must have probable cause to believe that you are driving under the influence of an impairing substance. This means the authorities have to have proof that your blood alcohol level at the time of driving is over the legal limit. In North Carolina, the legal limit is 0.08%, and is typically determined by a Breathalyzer or blood test. DWI cases are complex, but you can beat the charges with the right defense strategy.  

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DWIs and Fake IDs in Eastern North Carolina

  • By James Cummings
  • Feb 17, 2015

Being arrested for DWI often times includes other charges, such as speeding, running a light or stop sign, reckless driving, failing to devote full time and attention to your driving, possession of controlled substances, or having a fake ID. These charges can result in loss of driving privileges, increased insurance rates, high fines and penalties, and harsh punishments that might include jail time. The circumstances that determine the terms of your punishment depend on whether you are a first time offender, repeat offender, the amount of alcohol in your bloodstream, and a variety of other factors. The consequences vary from case to case, and no one is immune from prosecution.  

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