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.
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. [...]
Mother Wins Third-Party Custody Battle in Forsyth County
Winston-Salem Family Law Team Type of Case: Third-Party Custody Case Result: Opposing party's claim for custody dismissed County: Forsyth County Our family law team recently helped a woman fight for custody of her child after being incarcerated for six years. While incarcerated, the woman's cousin attempted to take custody of her child. The cousin hadn't been in the child's life for very long. Yet, she refused to give the child back to the mother after the mother's release from prison. Our client, the mother, had worked extremely hard during and after her incarceration towards her rehabilitation. She wanted to make a better life for her and her child, and she was not about to give up that easily. So she reached out to our family law team for guidance on a third-party custody case. Third-Party Custody in NC Our team knew the mother could potentially lose her constitutionally [...]
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, [...]
DWI for a Local Guy but the Numbers Just Don’t Add Up
A Bad Day Just Gets Worse With an Unjustified DWI Imagine you’ve had a hard day at work, and you stop for dinner, a little bite after a bad day. We’ve all done it. Perhaps you’ve decided to have a drink with your food. You’re an adult, it’s legal. You aren’t impaired in any way. You can drive home. Now imagine on that drive home you get into an accident. It’s the cherry on top of the sundae, the icing on the cake, the very worst thing on this already bad day. Unfortunately, this is exactly what happened to one Forsyth County man, and his day was about to deteriorate even further. Investigating the Truth or Investing in an Arrest? When the police officer showed up, naturally, he began to ask questions. After all, he had a job to do, find [...]
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 [...]
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 [...]
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 [...]
Mistaken Identity: Clearing our Client’s Name
Attorney: Tyler Chriscoe Type of Case: Misdemeanor Larceny Case Result: Voluntary Dismissal with Court-Ordered Expungement Location: Winston-Salem, Forsyth County A Promotion Denied Our soon-to-be client, a normally hardworking guy, was ecstatic when his name came up for a significant promotion at work. Not only would he receive more money but more responsibility and faster advancement. There was only one hurdle left, a review with his bosses that included a background check. He was not concerned, he had a troubled past, but nothing new. He had been through these reviews before, his bosses knew about his history and more importantly, how he had cleaned his life up. This should have been a formality. However, when they showed him the background check, he was dumbfounded. It showed he had a pending larceny charge. Stuck in a state of utter confusion, he simply couldn't understand what had happened. [...]
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 [...]
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