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Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

The Danger of Distracted Driving

Photo Credit: iStock Photo Distracted driving includes any activity that takes a driver’s attention away from the road. This falls under three main categories: visual, manual,...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Legalizing Marijuana in North Carolina

Photo credit: iStock Photo As you probably know, a handful of states have legalized the use of marijuana for recreational purposes. Although there has been talk...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Texting and Driving Laws May Change in NC

Photo Credit iStock Photo Texting and driving is a dangerous activity, yet the statistics show that many people are doing it anyway. According to a 2011...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

DWI Enforcement During Peak Holiday Travel Times

Photo Credit: iStock Photo The holiday season stretches from Halloween to New Year’s Eve. There are plenty of opportunities over these three months to celebrate with...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Avoiding a Car Accident in the Fall Season

Photo Credit: iStock Photo The gradual change from summer to autumn brings many new variables that require adaptation for drivers. According to the United States Department...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Halloween Safety for Pedestrians and Drivers

Photo Credit: iStock Photo Halloween is a night of fun for the majority of Americans, but some parents may be concerned about the safety of their...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

School is Starting – Be Safe in School Zones and Around Buses

The Raleigh personal injury law firm of DeMent Askew and the U.S. Department of Transportation’s National Highway Traffic Safety Administration are reminding drivers that the school year is beginning, and...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

U.S. Department of Transportation Aims to Stop Drunk Driving

This Labor Day holiday will bring summer to a close, and people all across the country will spend the weekend celebrating with friends and family. For some, the holiday will...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

I-440 bridge over Hillsborough Street among N.C.’s worst

Did you know that AAA Carolinas has listed the bridge on Interstate 440 that crosses Hillsborough Street substandard? To be more specific, it is the sixth most substandard bridge in the...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

N.C 4th of July DWI Enforcement

This 4th of July holiday, as families and friends gather to celebrate the nation’s independence with food, drink, and festivities, North Carolina law enforcement officials will be out in full...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Finding the right DWI attorney in Raleigh

The North Carolina Department of Transportation estimates 38 percent of fatal accidents involve individuals driving while impaired (DWI).  Laws in North Carolina are designed to penalize and deter individuals from...
Criminal Lawyer, DWI Lawyer, Personal Injury Lawyer.

Drug Possession Charges follow Traffic Stop

An 18-year-old was charged with drug possession in Morganton following a routine traffic stop. The News Herald reported law enforcement initiated a traffic stop after notice the vehicle crossing over the white lines several...

Recent Firm News

SL2023
Dement Askew & Johnson Attorneys Recognized by Super Lawyers and Rising Stars in 2023
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2023 Business North Carolina Legal Elite recognizes Russell DeMent III
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DeMent Askew & Johnson Lawyers Honored by Best Lawyers in America 2023
Russell DeMent and Jim Johnson stand ing side by side in front of the Raleigh Justice Center
Dement Askew & Johnson Partners Included in Super Lawyers 2022
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Dement Askew & Johnson Included in US News/Best Lawyers in America Best Law Firms 2022
Publicty announcemet for J. Alex Marshall's Martindale-Hubbell AV Preeminent listing
Alex Marshall Receives AV Preeminent Award
Russell W. Dement standing next to tha badge recognizing hislisting in Best Lawyers 2022
Russell W. DeMent listed in the 2022 Edition of Best Lawyers in America

Verdicts

PROVEN TRIAL SUCCESS

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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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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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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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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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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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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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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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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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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CRIMINAL DEFENSE SUCCESS

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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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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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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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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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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Jumping to conclusions… No PC on DWI

January 6, 2023

The defendant was stopped because his tinted windows were too dark. Once the trooper turned on his blue lights, the trooper felt that it took the defendant too long to pull over. The defendant took multiple turns before stopping in a McDonald’s parking lot. According to the trooper, this was a high crime area and…

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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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POSSESSION WITH THE INTENT TO SELL OR DELIVER MARIJUANA DISMISSED

January 5, 2023

The defendant was stopped because the tinted windows on his car were too dark. When the officer approached the vehicle, the officer was able to smell a strong odor of marijuana coming from the vehicle. Upon the search of the vehicle a bookbag was located that contained digital scales, plastic baggies, a large quantity of…

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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 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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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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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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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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NOT GUILTY ON DWI

September 13, 2022

The defendant involved in a wreck on a moped. The defendant was found by emergency responders beside the moped with injuries consistent with being involved in an accident. Defendant was transported to the hospital where law enforcement responded. Upon entering the hospital room officers smelled a strong odor of alcohol and the defendant admitted to…

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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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Driving Too Fast, Moving Too Slow… DWI dismissed

January 6, 2023

The defendant was stopped for travelling 94 MPH in a 65 MPH zone. Upon approach of the vehicle the Trooper claimed to have detected a strong odor of alcohol, as well as noticed slurred speech and red, glassy eyes. Due to these observations the Trooper had the defendant step out of the vehicle to perform…

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