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RECENT POSTS - Police

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

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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How Traffic Tickets Impact Auto Insurance

  • By James Cummings
  • Feb 17, 2015

While getting pulled over for speeding or some other moving violation may seem like a minor offense, the costs are very real. The fines associated with most speeding tickets are sky high, and getting a ticket can add points to your driving record that may put your ability to drive in jeopardy. But, some of the most severe costs may be the increase in your auto insurance rates.  

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How Long Does A Traffic Stop Last?

  • By James Cummings
  • Feb 17, 2015

Seeing the flash of a police cruiser’s lights in your rear view mirror makes your heart jump to your throat. When this happens, your best move is to signal you are pulling over and then come to a stop as you wait for the officer to approach your window. Once stopped, remain calm and respectful when answering any questions. If ticketed it may go against your gut feeling, but thank the officer and then resume driving to your destination. Sounds easy enough, right? However, a traffic stop becomes more than routine when you are unsure as to when it has ended. The general rule is that the officer may detain a driver only as long as it takes to complete the actions relative to the initial reason for the stop.  

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It’s no secret that if you are given a ticket and/or convicted of certain offenses “points” are added to your driving record. These points affect your ability to drive and can also cause your insurance company to increase your rates. Therefore, it is important to have an understanding of how certain violations count against you and your driving record.  

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Criminal Law Myths

  • By James Cummings
  • Feb 17, 2015

Criminal law is a complex area of law, with as many exceptions to the rules are there are rules. Unfortunately there is no shortage of people with an opinion about the law, and if you are charged with a crime it is important you receive accurate information. The consequences of a criminal conviction range from probation, fines, restitution, community service, and incarceration. These events impact your freedom, your finances, and can damage your reputation or employment.  

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Resistance Is Futile

  • By James Cummings
  • Feb 17, 2015

For sci-fi fans, the phrase “resistance is futile” is well-known. The quote is attributable to the wildly popular Star Trek series, where an alien form known as the Borg frequently overtakes and “assimilates” other species into their collective. In the criminal law arena, resistance is also futile when referring to an attempt to resist arrest. If you are being placed under arrest, it is in your best interest to keep the charges against you minimal by not resisting arrest. Not only will resisting arrest increase the charges against you, but if you continue in your resistance you may be met with force from the authorities.  

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DWI Causes Trooper To Resign

  • By James Cummings
  • Feb 17, 2015

A DWI is a serious charge, with serious consequences. You can lose your right to drive, go to jail, be required to have an interlock installed on your car, and pay higher insurance rates. You may also lose your job or be forced to resign.  

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Police Chief Arrested For DWI In North Carolina

  • By James Cummings
  • Feb 17, 2015

The police are typically the ones responsible for enforcing the laws, not breaking them. But even the authorities are not immune from criminal charges, and find themselves on the other side of the prison bars. When a law enforcement officer is arrested for a crime, they are required to defend the charges and are subject to the same penalties as are civilians.  

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Cops & Cameras

  • By
  • Mar 18, 2014

A lot of e-ink has been used to discuss the practical and legal issues of filming police officers in the course of duty.  

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The SBI and the Carteret County Fire Marshal are investigating what started a blaze that damaged three boats over the weekend, including two luxury yachts. 

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