Winston-Salem Case Results2019-02-15T16:13:30-05:00

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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.

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 [...]

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.

Father of Two Maintains Child Custody | Family Law

Our Family Attorney represented a father in Forsyth County whose ex-wife moved away and was trying to modify custody and take visitation away from the father. During the trial in Winston-Salem, the Attorney successfully argued a Motion to Dismiss ex-wife’s Motion to Modify Child Custody and the father was able to maintain custody of his two children.

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. Criminal defense attorney, Luis Maradiaga, 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, attorney Luis Maradiaga filed a pretrial motion to dismiss. Luis Maradiaga 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. Luis also [...]

Dismissed – Larceny

Client was charged with LARCENY BY CHANGING PRICE TAG in Winston-Salem, however after extensive work, Attorney Clarke Dummit was able to get the case dismissed.

Not Guilty – DWI and Failure to Reduce Speed

Client was charged with DWI and failure to reduce speed. He had left a restaurant in the late evening after having two very large beers and a bit to eat. While driving around a corner, he went off the road. The police responded within minutes. Client was put through the battery of field sobriety tests, was arrested and eventually blew a .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 Mr. Fradin. After a full trial on the merits, and the officer’s credibility continually challenged, Mr. Fradin successfully argued to the Forsyth county court that the state had not met its burden of [...]

Husband Calls 911, Gets Charged with Assault on a Female

Charges: Client was charged with Assault on a Female and Interfering with 911 Call Case Result: Dismissed County: Forsyth Attorney: Luis Maradiaga What Happened A client called the police when his wife became aggressive, grabbed him, and pushed their three-year-old child. When the police arrived they instead began investigating him. He insisted to the police he did not do anything, but they did not listen and continued to accuse him. At the end of the investigation, instead of helping our client, he was arrested and charged with Assault on a Female and Interfering with 911 Call. The police officers spoke with the client's wife, who claimed that our client had struck and hit her on the head. There were no visible signs of injury to her head, but with an assault, there isn't always physical evidence. These situations are a he-said-she-said, and the side that is better prepared [...]

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.

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Your needs are our top priority. No matter what the case entails, we look forward to meeting and working with you to get through this matter as efficiently and effectively as possible. Stop by one of our locations today in Winston-Salem, Greensboro, or High Point, NC. We currently service the following counties: Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Rockingham County, Randolph County, and Alamance County.

1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
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820 North Elm Street
High Point, NC 27262
(336) 814-8118
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412 West Market Street
Greensboro, NC 27401
(336) 792-2522
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