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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.
Bringing a Firearm onto Courthouse Property
Our client was incorrectly charged with bringing a firearm onto courthouse property in Davidson County. In fact, our client had a concealed carry permit and was arrested for lawfully having a firearm on the parking lot beside the courthouse. A Dummit Fradin criminal defense attorney recently represented this client and successfully got the case voluntarily dismissed. Getting the Charge Dismissed The deputy perceived danger and acted quickly. The deputy, however, failed to observe the law. Thus, our attorney filed a pretrial motion to dismiss. He spoke with the deputy and the prosecutor and explained that he was not contesting the facts of what happened. Instead, he was focusing specifically on an entirely legal argument. When the NC General Assembly drafted the prohibition of firearms on certain government property, their statutory intent clearly did not prohibit lawful concealed carry on property outside of the courthouse building. Our attorney also [...]
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. [...]
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 case [...]
Driving is Risky Business: Go with the Flow or Impede Others?
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 were about to become filled with stress and anxiety. When Driving a Daughter to School Becomes [...]
Assault on a Female Charge Dismissed
A husband was charged with Assault on a Female in Forsyth County, NC for allegedly assaulting his wife. The charge was holding our client back from applying to become a United States Citizen. Fortunately, our Winston-Salem criminal defense attorney secured a dismissal of the charges against the husband. There are two sides to every story. Never is that more important than when you are faced with a domestic violence charge involving an assault on a female in Forsyth County. In an effort to crack-down on domestic violence, prosecutors around North Carolina are refusing to dismiss or reduce assault on a female charge even if there is evidence showing innocence. You must have a committed trial attorney if you are facing these charges in Forsyth County. Contact a Forsyth County Criminal Defense Attorney Today If you’re facing a criminal charge, you’re likely dealing with a lot of uncertainty about [...]
Not Guilty – DWI, Failure to Reduce Speed
A client was charged with DWI and failure to reduce speed. He had left a restaurant in the late evening after having two sizable beers and a bit to eat. While driving around a corner, he went off the road. The police responded within minutes. Our client was put through the battery of field sobriety tests and was arrested. He eventually blew a 0.14 at the station in downtown Winston Salem where he was charged with DWI and failure to reduce speed. An unsuccessful motion was made regarding the accuracy of the field sobriety test; however, importantly, the testimony of the officer who testified was clearly not credible. This credibility issue was brought to the forefront by DWI attorney Michael Fradin. After a full trial on the merits, and the officer’s credibility continually challenged, Michael Fradin successfully argued to the Forsyth county court that the state had not [...]
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. Â 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.
Dismissed – Under 21 DWI
Mr. Dummit wins again! This time, our client was a young woman who had been charged in Winston-Salem with Driving After Consuming under the age of 21. This charge is different from an over 21 DWI. When under 21, a breathalyzer reading of anything over 0.0 is, by law, enough for the charge. Mr. Dummit was able to show that proper procedures were not followed at the time our client was charged, and so the breath test could not be used as evidence. Without a breath test, the state could not prove the charge, and our client’s charge was dismissed. Dummit Fradin shows, yet again, that the state has to follow the same rules as the citizens.
Primary Care Taker Granted Motion for Contempt
Our client is the primary caretaker for the parties’ special-needs teenager. His mother repeatedly refused to pay any financial support. Our Attorney filed in Winston-Salem and successfully argued a Motion for Contempt in Forsyth County and the Judge found the mother in contempt of court, ordering her to immediately pay her past-due child support for the benefit of the parties’ child. Our client no longer has to financially support his son alone.
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.
Visit One of Our Office Locations
Winston-Salem
Criminal Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal, Family, & Immigration Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Randolph County, and Alamance County.