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.
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 – 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 [...]
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.
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 [...]
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 [...]
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 [...]
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.
Stokes County DWI Charge Dismissed
Stokes County DWI Charge Dismissed After Trial Strategy Success A client approached our Winston-Salem legal team with a Stokes County DWI charge. On the second court date, DWI attorney informed the State that the Defense was taking the case to trial. The trial grounds were contesting that the State Crime Lab blood tests did not sufficiently establish impairment. After negotiating with the State Trooper and Assistant District Attorney, the case was dismissed. Meet With a Stokes County DWI Attorney Today A DWI also referred to as a DUI, is a very serious charge. Don't take the risk of going to court with an experienced DWI attorney on your side. Call today to set up a consultation to learn your options. Our attorneys will listen to and answer each and every question or concern you may have.
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 [...]
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 [...]
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