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.
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 [...]
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. [...]
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 [...]
Winston-Salem Traffic Attorney Saves Senior’s Holiday
Winston-Salem Traffic Attorney Races to Save One Senior's Holiday Season Our Traffic Attorneys always strive to provide the best defense possible for each and every one of their clients. Generally, though, they can't perform miracles. But a Holiday miracle is exactly what Winston-Salem Traffic Attorney Tyler Chriscoe managed for one Stokes County Senior. The Incident A senior citizen of Stokes County found herself with a unique problem this Holiday Season and was at a loss as to what to do. You see, back in October, she was doing her normal errands, nothing unusual, when she was cited for speeding 15mph over the limit and failing to wear a seat belt. Taking care of this type of thing was not within her knowledge base since she had not had a traffic citation in nearly 36 years. The ticket said she could pay it [...]
From Crash to DWI Trial: Winning With A Tactical Cross
From A Car Crash to a DWI Trial: Winning through the Art of Tactical Cross-Examination Facing criminal charges is always stressful, but it's especially difficult when it's a Driving While Impaired (DWI) charge. The consequences can feel overwhelming: the client will have to pay court fines and legal fees, will face at least one license suspension, and probation or jail time depending on the circumstances, unless a plea bargain can be arranged. Additionally, there are potential future consequences to employment, custody battles, housing, or anything where having a criminal record might be a problem. A guilty verdict after a DWI trial can and will upend a person's entire life. Therefore, it's imperative when facing this kind of charge, that your attorney is experienced in DWI defense so they have effective strategies at every stage in the case. Recently, [...]
Cyberstalking Dismissal as Custody Battle Rages on
Child custody cases often become difficult and messy, but rarely do they lead to cyberstalking charges. In one recent case, however, our Winston-Salem-based Criminal Defense Attorney Tyler Chriscoe had to step in and help out a client who experienced exactly that. Custody Dispute Gets Complicated Our Firm was assisting a client with an ongoing child custody dispute. Sometimes it becomes necessary for one parent to investigate the activities of another when it pertains to the safety and well-being of their mutual children. As part of that investigation, our client hired a private investigator to gather information about the other party involved. The private investigator placed a GPS monitor on the other party's car as part of their contract. This is legal when done for a lawful purpose. However, the other party discovered the tracker and accused our client of cyberstalking. Unfounded Cyberstalking Accusations Fortunately, [...]
Father Attains Child Support with 50/50 Custody
Winston-Salem Family Law Team Type of Case: Child Support Case Result: Father Granted Child Support with 50/50 Custody County: Forsyth County Our attorney recently represented a father in a child support case in Forsyth County. The client held 50/50 custody of his children and now needed Erica's help in getting a fair child support arrangement. Months before the two parties even separated, our client took medical leave from his job while he had shoulder surgery. The parties then separated and our client did not go back to his job after medical leave. Going back meant he'd have to work 2nd shift from 3:00 pm to 2:00 am without anyone to care for his children. So he was forced to take a different job making less money. Accurately Imputing Income for Fair Child Support Although he no longer worked there, the county was trying to impute the first, higher-paying [...]
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 [...]
Dismissed – Carry Concealed Gun and Possession of Marijuana
A Dummit Fradin criminal defense attorney submitted a motion to suppress evidence due to the Winston-Salem law enforcement violating our client's Miranda rights. Our attorney succeeded in getting the charges dismissed after winning his motion to suppress evidence. If you're facing a criminal charge, don't hesitate to contact our criminal defense team at Dummit Fradin. We have offices located in Winston-Salem, Greensboro, High Point. Our attorneys are always ready to listen to your case and give their honest feedback regarding your options. Call today to schedule a free criminal case consultation.
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