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

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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Admissibility Of Blood Tests

  • By James Cummings
  • Feb 17, 2015

When you are arrested for DWI the police provide proof of intoxication to the prosecution that is used against you in Court. In most cases the proof consists of evidence of being impaired while driving which most typically is in the form of a blood or breath test. If the level of alcohol in your blood exceeds the legal limit, the State can charge you with DWI. This is why it is important you thoroughly analyze the field sobriety results and find weaknesses in the State’s evidence. Once such opportunity may exist if the charging officer fails to adequately inform the defendant of his implied consent rights.  

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Speeding, weaving, driving at night without headlights on, and driving too slow are all indications you may be driving while impaired. If an officer notices a driver engaging in any of these actions, a traffic stop is likely. Some people think they can avoid a traffic stop by taking extra care when driving after drinking. But the simple truth is drinking too much alcohol impairs your judgment and cause you to believe you are driving “normally.”  

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The best thing you can do after an accident is stay put. Leaving the scene of an accident is serious, and if you are injured leaving could cause further injury. Fleeing the scene also makes it more difficult for law enforcement to investigate, and could be seen as an attempt to hinder the investigation. Even if you have been drinking and face possible DWI charges, leaving the scene could result in additional or more severe charges being lodged against you.  

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DWI Doesn't Mix Well With Hit And Run

  • By James Cummings
  • Feb 17, 2015

A hit and run is a criminal charge. A DWI is a criminal charge. Take the two together and the charges are escalated. Any time a DWI case is combined with other charges, the defense strategy becomes more important. You may feel helpless if you are facing multiple charges, but skilled criminal defense attorneys know how to minimize the impact.  

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Not Guilty!

  • By James Cummings
  • Feb 17, 2015

When friends get together for a fun time, the night can turn deadly in an instant if alcohol is involved. The tragic death of a 19 year old in 2013 is one such case, and his friend was recently found not guilty in the matter. After only 30 minutes of deliberation, the jury returned the not guilty verdict as the accused broke down in the Courtroom.  

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Multiple Charges In DWI Involving Children

  • By James Cummings
  • Feb 17, 2015

Driving while intoxicated can have devastating consequences. Most people who take the wheel of a car after drinking feel immune to anything bad happening. But accidents do happen, and when third parties are involved the charges begin stacking up. If you are involved in an accident while under the influence and another person is hurt as a result, you can be sure you will face serious consequences.  

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