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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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Can They Take My Blood In A DWI Case?

  • By James Cummings
  • Feb 17, 2015

Being charged for DWI requires the authorities to show you are legally intoxicated. What that means is that the level of alcohol in your blood exceeds the legal limit. To make this determination the police may perform a field sobriety test, which might include a Breathalyzer. However, a more accurate conclusion of your BAC is reached by the officer actually taking your blood. The process for obtaining a blood sample is complicated.  

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What Is The Best Evidence In My Case?

  • By James Cummings
  • Feb 17, 2015

There are certain things that all legal matters require. In civil cases there is a plaintiff and a defendant, where the plaintiff claims the defendant did or did not do something they were obligated to do or not do. Criminal cases have plaintiffs and defendants as well, and the plaintiff is the state or federal government. In a criminal case, the government is bringing criminal charges against a person, claiming that the law has been broken. The most glaring difference between civil and criminal cases is that in a criminal case if the defendant is found guilty a jail sentence may be imposed, and a criminal record is established for the defendant. On the other end of the scale, what both of these types of cases have in common is the need for evidence.  

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