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RECENT POSTS - texting_while_driving

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

If you’re like most people, when you get a traffic ticket you might be inclined to just pay the fine. This is a typical reaction to tickets for things like speeding, but what about a more serious traffic infraction? Reckless driving and other more serious charges can significantly impact your driving record and your insurance rates. To avoid the consequences of a traffic ticket, the best approach is an aggressive defense.  

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The dangers of drinking and driving are well-known. Impaired drivers are less likely to devote their full time and attention to their driving, and as a result an accident can happen. Fighting a DWI can be scary, but with the help of a strategic legal partner, a solid defense can be established. One of the most common defenses is to attack the field sobriety test results. And in a decent number of cases, the results have been found to be invalid. The invalidity of the test hinges on several things, a common theme being that the test result is a “false positive”. Other common areas of error include operator error and equipment malfunction. Any of these things can lead to a test result that is not valid, which provides a strong defense to a DWI charge. But, in today’s technology filled world, a new form of dangerous driving exists: the text and drive scenario.  

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What Is Reckless Driving?

  • By James Cummings
  • Feb 17, 2015

Sammy Hagar famously sang “I can’t drive 55”, and in the decades since that classic hit, the national speed limit has increased. But, many drivers still exceed the speed limit, and when they do they can face traffic tickets for the violation. If the speed is high enough, speeders can also be charged with reckless driving.A conviction means points on your driving record, and high fines.  

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Being arrested for a crime is an unnerving experience for anyone. That stress level only increases when the age of the offender decreases. Even though some juveniles seem mature for their age, when facing the severe consequences of a criminal conviction a young defendant may have more difficulty facing the court system than an adult. And, just because the defendant is a minor, that does not mean the conviction will not have an impact on their future. While the records of juvenile cases are generally not made public, the effect on your child if convicted of a crime is still significant. For this reason, a solid defense is a must and part of the goal should be towards rehabilitation and repeat behavior.  

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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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A traffic ticket may seem like a minor matter, but it should not be treated lightly. Simply paying the fine and moving on is not the best approach to handline a speeding ticket or other moving violation. Fighting back means you care about your driving record and keeping your insurance rates low. Traffic ticket defense is important and helps you maintain the ability to drive and prevents disruption of your daily routine.  

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DWI vs Driving While Texting

  • By James Cummings
  • Jun 23, 2014

If you consider that texting while driving is probably as dangerous as driving under the influence of alcohol....how should both crimes be punished?  How could a law or policy change make our roads safer and encourage better driving? First off, reflect on the old adage: “a stitch in time saves nine.” Prevention is usually preferable to stricter punishment. To that end we need insight into what makes people think it is okay to text while driving.  

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