TRAFFIC MATTERS

Traffic Crime

If you have received a traffic ticket in North Carolina, no matter what the charge it is a serious matter with long-term impact.  Hiring an attorney experienced with North Carolina traffic laws can be the difference between a fine and thousands of dollars over time in the form of increased automobile insurance costs.  Though some traffic violations are more serious than others, every traffic violation can have severe consequences, including heavy fines, substantial court costs, points against your license and your insurance rating, increased insurance premiums, and hours spent waiting in court.  More severe traffic violations, involving DWI/DUI or injury to persons or property, can subject you to more severe consequences, including felony charges, loss of your driving privileges, and loss of your freedom. While you may think the easiest thing to do is pay your ticket, it is an admission of guilt.  Talk to an attorney with the expertise to advise you of how simply paying your ticket may impact your continued ability to drive and pay for insurance.

Depending on the severity of the infraction, just a single traffic violation in North Carolina can result in the loss of your driving privilege. If you have had previous traffic violations you are more susceptible to driving privilege loss. The attorneys at DeMent Askew & Johnson have intimate knowledge of the traffic laws and years of experience in dealing with traffic matters and the DMV.  

Whatever your traffic charge or your driving history, we will immediately set to work on resolving your traffic matter so that your driving privileges and insurance premiums remain unaffected.  Hiring an attorney can save you more than just time and inconvenience -- it can save you substantial sums of money. At Dement, Askew & Johnson we have over 40 years experience handling the full array of traffic offenses in Raleigh, Morehead City, and across North Carolina, including but not limited to the following:

  • Aggressive/reckless driving
  • Unsafe movement
  • Speeding and zone infractions
  • Evading Arrest
  • Failure to yield
  • Driving with a revoked, suspended license, or invalid operator license
  • Driving with invalid insurance, registration, and/or inspection
  • Improper turns and other moving violations
  • Improper equipment
  • Failure to obey emergency vehicle signals
  • Passing a stopped school bus
  • Illegal racing
  • Underage driving offenses
  • Hit and run, abandoning an accident scene
  • Homicide, manslaughter, or negligent homicide involving a vehicle
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Rusty DeMent in his office in Downtow Raleigh

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Even if you have lost your driving privileges, North Carolina laws recognize that people need transportation to keep their jobs and care for their families.  Our criminal defense team will evaluate your unique circumstances and immediately work to get you back on the road with a limited driving privilege and as little impact on your life as possible.  In many cases, we can acquire reduction or dismissal of charges without you ever having to appear in court. In more serious cases, our criminal defense attorneys are experienced trial lawyers who know the law.  We are prepared and ready to handle your traffic charges starting today.

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AVAILABLE AT 9AM TO 6PM

(919) 833-5555

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

MOREHEAD CITY OFFICE:
810 Arendell Street
Morehead City, NC 28557

CRIMINAL DEFENSE SUCCESS

71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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DWI DISMISSED AFTER UNLAWFUL SEARCH

September 13, 2022

Officers received a call about a suspicious person. When they arrived on the scene, they found the defendant in the driver’s seat of a vehicle with his music turned up loud. They knocked several times, but the defendant did not answer the door. Officers opened the door and engaged the defendant in conversation. During the…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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Violent Felony Dismissed

September 13, 2022

The defendant was employed at a fast food restaurant at which a shooting occurred. Upon review of the surveillance footage, officers were able to determine who the shooter was, and they were also able to see the defendant provide the shooter with the gun just moments before the shooting. The defendant was charged with aiding…

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NOT GUILTY ON POTENTIAL AGGRAVATED LEVEL ONE DWI

September 13, 2022

The defendant was stopped for speeding on the interstate by North Carolina State Highway Patrol. When the troopers approached the vehicle, they immediately noted smelling a strong odor of alcohol and cigarette smoke. They also noticed that there was a child in the car. When the troopers ran the defendant’s information, they discovered that he…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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Motion to Suppress and Dismiss Granted for Lack of Probable Cause; No Reliable Evidence Suggesting Impairment After Speeding Stop

February 12, 2019

Motion to suppress and dismiss granted for lack of probable cause to arrest where my client was stopped for speeding, had an odor of alcohol, glassy eyes, admitted to drinking, as well as showed signs of impairment on the field sobriety tests. The court put little weight on the field sobriety tests because the officer…

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NOT GUILTY ON DWI

September 13, 2022

Defendant was found asleep in the driver’s seat of his vehicle while his car was in the middle of the road. When he was found, his license was currently suspended for multiple prior DWI offenses. He was awakened by officers and asked to do standardized field sobriety tests. The defendant performed poorly on each of…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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FELONY LARCENY CHARGE DISMISSED

September 13, 2022

The defendant was an employee of a department store and was accused of stealing from the store. The store camera’s showed the defendant, who was a cashier, not ringing up several items and placing it in a customer’s basket. The defendant was approached by his store’s loss prevention personnel and provided a detailed confession. Once…

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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NO CONSENT, NO CONVICTION ON DWI

September 13, 2022

The defendant was involved in a single car accident in which he ran off the road and struck a tree. Officers arrived to the scene and conversed with the defendant. The defendant could not remember where he was coming from and admitted to consuming several beers before driving. After conversing with the defendant, officers’ requested…

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