Call Us: 252-728-1208

RECENT POSTS - DWI_defense_lawyer_north_carolina

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

About Observational Period Violations

  • By James Cummings
  • Oct 24, 2017

  

CONTINUE READING

Frequently Asked DWI Questions

  • By James Cummings
  • Sep 20, 2017

Here in North Carolina, the courts take driving while under the influence (DWI) offenses seriously. Now, if you or a loved one have been charged with a DWI, you’ll be facing some major fines and penalties. It’s important to know as much about the law in order to protect yourself from unfair prosecution. It’s advisable to contact a defense attorney who specializes in the DWI law in North Carolina, in order to ensure that your rights are protected.  

CONTINUE READING

Start Driving 11 Days After A DWI

  • By James Cummings
  • Jan 03, 2017

The team of lawyers at Cummings & Kennedy law firm are dedicated to getting you back on the road as soon as possible.

Receiving a DWI & DUI is considered a criminal offence due to the driver being under the influence in accordance to the laws of North Carolina. It doesn’t matter whether the impairment was derived from alcohol or a controlled substance. The law states very specifically that a defense cannot take the stance that the drugs or alcohol that caused the impairment was legal.

A common myth is that to be criminally charged with a DWI (driving while impaired), it must be proven that a blood alcohol concentration (BAC) is of 0.08% or higher from the driver. §20-138.1 of the 2009 North Carolina code states that to be charged of a DWI, it must be proven that while operating a motor vehicle, the driver was impaired. The law reads that a DWI will be given in result of the defendant's impaired ability to operate a motor vehicle. Penalties can range in severity and fines depending upon a variety of different factors in accordance with the level system in place in North Carolina. The level system can affect your ability to drive, as well as your legal record.

It’s difficult to monitor how many drinks correlate to a 0.08 BAC level, affecting your ability to decide if you legally meet the mandated standard of whether or not you’re technically driving impaired. The BAC is different for each and every person, and so is a DWI. We here at Cummings & Kennedy have dealt with many DWI’s, ranging in severity and penalties, and are well-equipped to assist you with a DWI offence.

We at the Cummings & Kennedy law firm have in-depth experience with criminal defense cases dealing with DWI’s. When it comes to dealing with defending a criminal offence, experience and knowledge is a powerful tool to help you fight your DWI. Our Carteret County criminal defense lawyer from the legal team at Cummings & Kennedy will stand by your side and defend you in criminal court. We know the nuances of criminal defense cases dealing with DWI’s and are ready to go as far as possible to help our clients by providing a strong defense when you need it the most.

If a DWI was received in Carteret County, the lawyers here at Cummings & Kennedy Law Firm can get you back on the road as soon as 11 days. With the ability to get back on the road as soon as possible, you won’t have to figure out to get around without a car. Call us today.

 

 

CONTINUE READING

It seems there is a top ten list, or a how to list, for nearly everything. From how to do your taxes to how to change a light bulb, instructions for nearly every task can easily be found online. And, if you are not able to locate the information you need by performing a quick internet search, there is always a late night talk show host ready to dole out advice on life’s most important topics.  

CONTINUE READING

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.  

CONTINUE READING

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.  

CONTINUE READING

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.  

CONTINUE READING

Another Student Athlete Faces DWI Charges

  • By James Cummings
  • Feb 17, 2015

DWI cases are serious matters, with serious punishments. Loss of driving privileges from a DWI can mean you are unable to get to work or school, and earn a living. In some instances, your employer may add a layer to the punishment being imposed by the Court, and this can make your daily routine much more difficult. For athletes, it is not uncommon to be placed on suspension from your sports team when you receive a DWI. All of these consequences are severe, and can be damaging to your future.  

CONTINUE READING

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.  

CONTINUE READING

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. 

CONTINUE READING

Categories