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An elderly Indian man at the retirement house

Nursing Home Bill of Rights

The Nursing Home Resident's Bill of Rights: NursingHomeResidentsRights
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What to do after an Automobile Accident in NC

Mistakes that can jeopardize a case for injury compensation A single statement, action, or inaction can weaken a compensation claim.  Without advice from an automobile accident attorney in NC, you...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Insurance Points for Traffic Offenses

Most people do not know that when you pay a ticket for a traffic offense, like speeding, you are actually pleading guilty to that offense. Most moving traffic violations add...
traffic-offenses

Traffic Offenses and DMV Points

Most people do not know that when you pay a ticket for a traffic offense, like speeding, you are actually pleading guilty to that offense. Most moving traffic violations add...
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What to do if you’ve been in an accident.

Car accidents occur every day.  While the majority of North Carolina car accidents do not result in serious, long lasting injuries, a single collision has the power to change your...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

What’s an Ignition Interlock Device (IID)?

Drunk driving is never tolerated in any state. However, North Carolina deploys some of the harshest penalties for drunk drivers, including the Ignition Interlock Device (IID). From jail time to fines...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

What Happens if You are Convicted of Growing Marijuana in North Carolina?

While some states allow growing marijuana and the private use and sale, North Carolina is not one of those states. In North Carolina, marijuana is considered a Schedule VI substance,...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

When Does Misdemeanor Assault Become a Felony?

In the state of North Carolina, there are three types of misdemeanor assault crimes. While the vast majority of individuals charged with assault will face a misdemeanor, there are instances...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Can a Defendant Contest Breathalyzer Results?

The breathalyzer, known as a breath-test device, is routinely used by law enforcement in North Carolina to determine if a motorist is under the influence. Law enforcement's prevalent use of...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Are DWI Roadblocks in North Carolina a Violation of Motorist Rights?

Sobriety checkpoints, often called DWI roadblocks, feel like an invasion of privacy. They are strategically set along main roads with one purpose: finding drunken drivers. At these checkpoints, all vehicles must stop,...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Stalking: Is It a Form of Domestic Abuse?

Stalking is considered domestic violence and is taken very seriously in the state of North Carolina. Courts are diligent when it comes to protecting victims of alleged acts of domestic...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Reasonable Suspicion: What is it and How Does It Affect My DWI Case?

For law enforcement to pull your vehicle over, the law requires them to have reasonable suspicion that you violated the law in some way. When it comes to drinking and...

Recent Firm News

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Dement Askew & Johnson Included in US News/Best Lawyers in America Best Law Firms 2020
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Russell W. DeMent named to the 2020 Edition of Best Lawyers in America
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Rusty DeMent included in the Business North Carolina Legal Elite 2019
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Russell W. DeMent III has been selected by his peers for inclusion in the 2019 Edition of The Best Lawyers in America©
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Russell W. DeMent III selected for 2018 “Best Lawyers in America” publication
Final passing of the torch…
Final passing of the torch…
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.
Announcing Our New Website
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.
James Johnson joins DeMent Askew

Verdicts

PROVEN TRIAL SUCCESS

Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement

November 14, 2016

The deceased was a resident of a North Carolina nursing home. She had recently been sent to a local hospital for an unrelated illness and was recovering well from this prior illness. During this recovery period, she developed an ulcerous wound in and around her sacrum. The nursing home staff failed to timely detect the…

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Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice

July 11, 2016

DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…

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9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly!

January 14, 2019

Attorney: James Johnson, Dement Askew On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was…

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NC COURT OF APPEALS AFFIRMS MULTI-MILLION DOLLAR JURY VERDICT AGAINST THE RALEIGH N&O

February 12, 2019

In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…

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Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage

February 11, 2019

On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…

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Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement

October 11, 2015

DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…

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Nurse at Local Hospital Involved in Automobile Collision Receives $300,000.00 Settlement After Extensive Litigation

February 11, 2019

Mr. Johnson’s client was driving north on Capital Blvd., approaching the intersection with Wake Union Church Road. The Defendant was driving south on Capital Blvd in a large SUV owned by a local landscaping company. As our client approached the intersection, the traffic light for her direction of traffic was emitting a steady green light.…

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Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial

September 14, 2015

DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…

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Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation

January 14, 2019

Mr. Johnson’s client was driving a Dodge pick-up truck northeasterly on the on-ramp for traffic exiting off of I-485 and onto I-77 north in Charlotte. He was in the process of moving from Georgia to West Virginia and was pulling a U-Haul trailer. He had a full load in the bed of his truck. One…

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North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer

October 14, 2016

9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…

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CRIMINAL DEFENSE SUCCESS

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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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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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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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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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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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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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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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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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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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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