Case Results in Winston-Salem and the surrounding areas
Disclaimer: The facts and circumstances of each case are different as such each case must be evaluated upon the unique circumstances and facts. The results summarized here are not necessarily representative of the results obtained in all cases.
Clients Not Guilty for Possession of Marijuana
Our clients were cruising along when they were abruptly rear-ended. A deputy arrived on the scene and said he smelled marijuana. He ordered the two clients out of the vehicle. One client admitted that she had been smoking a hemp cigarette. Eventually, after an illegal search, the deputy found what he thought was marijuana in two places in the vehicle. As a result, the two individuals were charged with Possession of Marijuana in Forsyth County. Our client owns several hemp shops and maintains an ABC permit. A conviction for Possession of Marijuana meant they’d likely lose their ABC permit and face huge financial losses. So, they turned to criminal defense attorney Clarke Dummit for help. You Can’t Tell by the Smell At trial, the deputy was testifying about his training and experience in smelling and identifying marijuana based upon the smell and appearance. During a [...]
Divorce Finalized After Successful Equitable Distribution Mediation
Family Law Team Type of Case: Divorce & Equitable Distribution Mediation Case Result: Settlement and Divorce Finalized One of our clients had been trying to get his divorce settled for over a year since splitting up with his ex. They shared assets and debts that still needed to be divided, and they desperately wanted to get a divorce as soon as possible. Unfortunately, our client's previous attorneys had taken a long time to make any progress. With Dummit Fradin's help, our client had a settlement, and divorce papers were signed within two months." We aided our client in reaching a resolution that he was happy with so that he could move on with finalizing his divorce. Don't Overlook Equitable Distribution Mediation After reviewing our client's case, our Greensboro family law team knew that they needed to work quickly and efficiently. The client had already endured a [...]
Careless & Reckless Driving Charge Dismissed
Attorney: Clarke Dummit Type of Case: Careless and Reckless Driving Case Result: Dismissed County: Yadkin County Our client in Yadkin County was in a single-car accident. She hydroplaned on some water, hit a guard rail, and flipped the vehicle. She was hospitalized and not interviewed about the wreck for several days. Eventually, the Trooper completed the accident report. In the report, the Trooper estimated our client was going 80 mph in a 65 mph zone. As such, our client faced a Careless and Reckless Driving Charge in Yadkin County. With this charge, there was the possibility that her insurance premiums would skyrocket. Aside from the Troopers estimate, there was no evidence of careless and reckless driving except the fact an accident occurred. Attorney Clarke Dummit was prepared for trial on the issue that it was not possible to estimate speed in a hydroplane situation; with no skid marks [...]
Case Result: Father Maintains Child Custody in Forsyth County
Case Result: Father Maintains Custody After Motion to Dismiss Out-of-State Modification For a parent, few things are more distressing than the fear of losing time with your children. This anxiety is often amplified when an ex-spouse moves to another state and then attempts to change a custody order from afar. Our firm recently represented a father in Forsyth County who faced this exact challenge. This case underscores the crucial importance of understanding legal jurisdiction in interstate custody disputes and how a strategic legal motion can effectively protect a parent's rights. The Challenge: An Out-of-State Motion to Modify Custody and Visitation Our client, a dedicated father of two, had an established child custody order in North Carolina. His ex-wife subsequently moved out of state. Sometime after her move, she filed a "Motion to Modify Child Custody" with the court, seeking to drastically change the existing arrangement and [...]
Dismissed | Breaking and Entering, Larceny, Resisting Officer
Our client was facing sentencing on multiple counts in Winston-Salem and hired criminal defense attorney Clarke Dummit. Mr. Dummit presented multiple potential evidentiary issues, and possible suppression and identification issues if the case went to trial. Rather than continue with trial, the State agreed to dismiss all charges once our client paid restitution and did community service.
Finding Peace Through Mediation: A Tenacious Effort
Outstanding Results from the Family Law Attorneys in Winston-Salem: Settlement of All Divorce Issues in Mediation Difficult and Emotional Time Divorce is never easy. It's the end of a huge chapter in a person's life. However, it is usually not a good sign when a client comes to us seeking a second attorney. In this case, the client had already attempted mediation, which resulted in a deadlock and high levels of hostility between both parties. The previous counsel had not been able to get the case settled, and the other side was making unreasonable offers. Our client was facing litigation and would most likely fare poorly. Dummit Fradin was determined to help the client get the best outcome possible. Back to Mediation The first step in the process was to persuade the opposing counsel, client, and the judge to order the parties [...]
An Unexpected DWI Refusal Hearing Win
Type of Case: DWI Refusal Hearing at the DMV Case Result: Hearing Won! Attorney: Clarke Dummit When our firm takes on DWI defense cases we often look for the needle in the haystack. Many times, we find it and many times we don’t. Occasionally we find a defense we were not expecting, and a case that looks like a pure losing case turns into a win. Attorney Clarke Dummit recently had that experience in a DWI refusal administrative hearing at the DMV. Know Your Rights When a person is arrested for DWI and taken to the breath testing room they will be read their Implied Consent Rights from the government form DHHS 4081. Afterward, the charging officer or trooper will request the person to submit to a breath or blood test. If the person refuses to take the test they will be marked as a Willful Refusal. [...]
Driving is Risky Business: Go with the Flow or Impede Others?
Driving Can Be Risky Business - Do You Go With the Flow or Impede Others? This is one client's story A Typical Commute Goes Awry Driving down our normal paths every day, from work to home, from home to school, from school to work becomes customary, expected, even ordinary. We try to stay alert, we try to stay safe, but these routes become so ingrained in our daily routines that we drive them on autopilot, nearly without thought. We follow along with others on the same paths in life thinking about our jobs, our kids, or singing along to our favorite songs. We know these roads. We know their hazards and their twists and turns. These are our safe zones. For one Forsyth County woman, just going along about her daily drive, the same as she does every day, these familiar spaces [...]
Dismissed – DWI won for Corpus Delicti
Our founder, Clarke Dummit, won another DWI case based upon the Corpus Delicti rule. Our client got charged with DWI after the Winston-Salem police officer heard the crash and drove over to the scene of the wreck 3 minutes later. When the officer arrived our client was out of the car with the hood open looking at the damage to the grill. There was another person at the scene who could have been driving, but our client said he was driving. There was no physical evidence that our client was driving, and the only circumstantial evidence (that our client owned the car, and was at the scene) led equally to the conclusion that he was a passenger. Our client was arrested and blew a .17 at the station. What is Corpus Delicti? Mr. Dummit of Dummit Fradin made a motion to dismiss at the close of the State’s [...]
Mother, Daughter Narrowly Avoid Vehicle Forfeiture
Attorney: Clarke Dummit Type of Case: Vehicle Forfeiture Case Result: Successfully received a court order returning the car County: Forsyth County A mother and her daughter were both on the title of a car. However, it was primarily the daughter's vehicle. A friend of the daughter took it without permission and got charged with DWI. At the time, the friend was driving with a revoked license due to a prior DWI. So, the police seized the car and towed it to Charlotte for forfeiture. The daughter petitioned to get the car returned, but she was denied. Appealing to Avoid Vehicle Forfeiture After getting denied, the daughter decided to seek help from attorney Clarke Dummit. He advised her on how she needed to fix the problem in the petition and told her to try. But because her petition had already been denied, the clerk would not allow her to [...]
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