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

Arrested For DWI In Carteret County?

  • By James Cummings
  • Jul 21, 2015

 

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BWI in Eastern North Carolina

  • By James Cummings
  • May 27, 2015

Many people assume that DWI only refers to motor vehicles driven on state roadways. This, however, is untrue. In fact, according to the definitions laid out in §20‑4.01(49) of the 2009 North Carolina code, a vehicle is defined as any vehicle upon which a person or property can be transported – excluding those powered by humans or set exclusively on fixed tracks. In fact, in §20-138.1, when outlining DWI law, the only "vehicle" that is deemed as exempt is that of a horse.  

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Avoid DWI In Eastern NC This Summer

  • By James Cummings
  • May 07, 2015

Summer is quickly approaching and we know it's always nice to enjoy an alcoholic beverage on the beach. It's important to understand how your alcohol consumption can put yourself and others in danger if you get behind the wheel of a vehicle.  

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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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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.  

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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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