Combs Law Firm PLLCWinston-Salem Criminal Lawyer | Family Law & Personal Injury Lawyer2026-03-17T09:58:51Zhttps://www.johncombslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203508/2024/05/cropped-Site-icon-32x32.jpgOn Behalf of Combs Law Firm PLLC<![CDATA[What impacts the cost of a divorce?]]>https://www.johncombslaw.com/?p=479002023-03-18T14:13:20Z2023-03-20T14:13:04Zhow much you will spend.
In general, you will spend the lowest amount of money if you have an uncontested divorce. That is a situation where you and your spouse agree on everything. All you need is to complete the paperwork and get the judge to sign off. Contested divorces, where you cannot agree, will cost more, and there are several factors that will influence the final amount you spend.
Agreement on details
If you disagree on even one item, you have a contested divorce. If you have to spend months negotiating and going back and forth over every detail, you will spend a lot more money than if you can agree on most of the points. Being difficult and trying to avoid any agreement will only hurt your bank account.
Time spent in court
Time is money when it comes to any legal matter. You will spend more the longer it takes to get to the final divorce decree. You should aim to find ways to speed up the process and work through the issues as quickly as possible.
Using resources that allow you to work on your case outside the courtroom will help. You should look into alternative options, such as mediation. You can work on issues that may enable you to come to an agreement without needing the court's help.
The cost of a divorce is very dependent on you and your spouse. If you can move through the process smoothly, then you can save money.]]>On Behalf of Combs Law Firm PLLC<![CDATA[What should you avoid after a DUI arrest?]]>https://www.johncombslaw.com/?p=478992023-03-01T19:36:17Z2023-03-06T19:35:17Zpenalties for DUI if you drive with a blood alcohol content level at or above 0.08%. To protect your interests and potentially mitigate the consequences of a DUI conviction, avoid the following after the arrest.
Forgetting your court date
After you get arrested for drinking and driving, you will likely have to attend a hearing to discuss the situation surrounding your arrest. Do whatever it takes to make this court appearance. If you cannot make the original date, let the appropriate party know as soon as possible to reschedule.
Failing to tell your employer
Your employer may need to know about your DUI arrest, especially if you drive to complete any part of your job. Instead of shying away from talking about the issue, be upfront and honest with your employer about your DUI.
Avoiding the consequences
It may seem easier to pretend like your DUI did not happen. But this can only create more challenges later on as you go to court.
After getting arrested for drinking and driving, you may feel anxious, worried and nervous about what is to come. Refrain from avoiding the issue and take steps to protect your interests as soon as possible following the arrest.]]>On Behalf of Combs Law Firm PLLC<![CDATA[Can you be charged with a crime if the drugs are not yours?]]>https://www.johncombslaw.com/?p=478982023-02-27T21:39:40Z2023-02-27T21:39:40ZWhat drug possession means
Whether a friend hands you drugs to hold for them or you are a passenger in a vehicle with drugs in it, you are in possession of those drugs. This is true even if you did not purchase them. For example, if your friend puts drugs under the front seat of your car, law enforcement can arrest you and any other passengers for drug possession.
The difference between constructive and actual possession
North Carolina law recognizes two types of drug possession; constructive and actual.
Actual drug possession means you have illegal substances on your person or in your personal belongings, such as a purse or backpack.
Constructive possession is when drugs are not found on you but are nearby, and you can access the drugs.
While law enforcement can arrest multiple offenders for constructive possession, the state must prove you knew the drugs were there, that they were illegal and that you could use them if you wanted to.
Drug paraphernalia can also lead to criminal charges
Items used for the manufacture, distribution or consumption of drugs are also illegal to have. Law enforcement can arrest you for possessing drug paraphernalia even if you do not have drugs.
Possessing drugs or paraphernalia can have a lasting impact on your future, so it is vital to understand how the law defines criminal possession.]]>On Behalf of Combs Law Firm PLLC<![CDATA[How to get auto insurance after a DUI]]>https://www.johncombslaw.com/?p=478972023-02-22T20:26:28Z2023-02-22T20:26:28ZReinsurance facility
Many insurance companies do not want to insure high-risk drivers. Getting a DUI is likely to place you in the high-risk category which may mean insurance companies will charge you higher rates or refuse to insure you.
However, because North Carolina law requires all drivers to purchase bodily injury and property damage liability coverage, insurance companies may not refuse to write those coverages. Instead, they can place drivers in the reinsurance facility.
Types of coverage you can buy through the reinsurance facility
If you cannot obtain auto insurance on the standard market, you can purchase several types of coverage through the reinsurance facility:
Up to $100,000 per person and $300,000 per accident bodily injury liability coverage
Up to $50,000 per accident property damage liability coverage
Up to $1,000,000 per person and accident underinsured motorist coverage for bodily injury liability
Up to $1,000,000 per person and accident uninsured motorist coverage for bodily injury and $50,000 property damage liability coverage with a $100 deductible
You must purchase at least the minimum amount of coverage North Carolina law requires.
Minimum insurance requirements
To legally own or drive a vehicle in North Carolina, you must purchase a minimum coverage limit of $30,000 per person and $60,000 per accident for bodily injury liability. You must also purchase a minimum of $25,000 property damage liability coverage.
The reinsurance facility provides a way for drivers to meet the minimum insurance requirements after receiving a DUI.]]>On Behalf of Combs Law Firm PLLC<![CDATA[Types of sobriety tests]]>https://www.johncombslaw.com/?p=478962023-01-30T22:47:56Z2023-02-06T22:46:47ZFirst test category: field sobriety tests
The first category of tests is field sobriety. There are various types of these tests, each with a varying level of accuracy. Various other factors could also influence the reliability of field sobriety tests.
Furthermore, drivers have the right to refuse to participate in these types of tests. While the state might use that refusal to support its argument and pursue a conviction, refusal of an FST does not carry the same immediate license revocation, as does refusal of other types of tests.
Second test category: chemical tests
The next category of tests includes chemical tests. These are typically blood or breath tests. If a driver tests above the legally allowed limit, then license revocation would immediately occur, and officers would most probably place the driver under arrest if they had not done so already.
Refusal to participate in chemical testing would likely result in license suspension. The suspension typically lasts for one year, which is the same minimum duration that courts order for a first conviction for DWI.
Beyond license suspension, which is sometimes subject to an official restoration after completion of a substance program, DWI is a serious crime with corresponding potential consequences. Even if arresting officers imply that it is a little more than a traffic offense, convictions for DWI could have ramifications for years.]]>On Behalf of Combs Law Firm PLLC<![CDATA[What is custodial interference?]]>https://www.johncombslaw.com/?p=478952023-01-23T20:18:13Z2023-01-23T20:18:13Zcustody agreements.
However, sometimes parents interfere with these agreements.
What is custody interference?
Parents who are unhappy with a custody agreement or want to get back at an ex-spouse may intentionally disrupt the time their ex has with the children. There are several ways this happens:
Refusing to allow children to visit with the other parent during the designated time
Leaving the state or country without the other parent's consent
Trying to turn a child against the other parent by speaking negatively about their ex
Preventing a child from contacting the other parent
Failing to return the child to the other parent at the designated time
Not all actions that disrupt the custody agreement are interference. For example, it is OK to take a child out of the country if the other parent agrees.
What are the consequences of custody interference?
In some cases, parents may face criminal charges. A parent who is guilty of interference may lose custody or visitation rights or the court may modify the custody agreement to reduce the amount of time that the parent has with the child. Courts may also order parents to complete counseling. The court may only allow the offending parent to have supervised visits with the child.
Because of the potential for severe consequences, it is important for parents who are not happy with a custody agreement to pursue a modification of the agreement through the court system, rather than take matters into their own hands.]]>On Behalf of Combs Law Firm PLLC<![CDATA[Narcissism makes divorce more difficult]]>https://www.johncombslaw.com/?p=478942023-01-04T22:32:52Z2023-01-10T22:31:25ZSigns of a narcissist
Some people may exhibit certain narcissistic traits, but this does not mean they are necessarily a narcissist. The Mayo Clinic discusses the traits that define narcissistic personality disorder:
Feel they are high in importance and deserve special treatment and admiration
Preoccupy themselves with thoughts of power, success and the perfect mate
Use others for their own needs and wants
Inability to be empathetic and recognize the needs of others
Can act moody and withdrawn and have trouble managing behavior and emotions
Arrogant and conceited
Tips when divorcing a narcissist
The Huff Post outlines certain tips when divorcing someone with narcissism. One important one is to limit interactions and communication with the other spouse, as he or she is unable to deal rationally or logically.
If there are children, one can expect the narcissist to do everything possible to prove the other spouse is a bad parent. The non-narcissistic spouse should talk with trusted individuals and gather evidence to the contrary. It is also important not to take the bait when the narcissistic spouse makes accusations.
To counteract the narcissist's ability to alter or delete messages, the other spouse should save, record or take a screenshot of each original one. The goal to divide things equally should be the non-narcissistic spouses' focus throughout the process. Surrounding him- or herself with a strong support system is also helpful.]]>On Behalf of Combs Law Firm PLLC<![CDATA[What is the legal blood alcohol content limit for driving in North Carolina?]]>https://www.johncombslaw.com/?p=478922022-12-14T17:25:38Z2022-12-27T17:24:35Zmaximum test result of .08 for adult, non-commercial drivers.
Commercial drivers have a limit of .04, and there is a zero-tolerance policy for drivers under 21.
Refusing to take a chemical test
State law outlines different penalties for drivers who test above the limit and drivers who refuse the breath tests. Here is a brief overview:
Refusing a test: 30 days of license revocation and an additional 1-year revocation after an opportunity to have a hearing
Testing above the legal limit: 30 days of revocation and a 1-year revocation after a DWI conviction
The court could grant limited driving privileges in either of these cases. While the actual results depend on the handling of the case in question, the statutory rules are more lenient towards those who submit to chemical testing.
Driving intoxicated under 21 years old
Drivers under 21 face strict zero-tolerance laws for intoxication. There could be slight leniency in terms of the revocation period for those above the age of 18, but that would be at the discretion of the judge.
Further, underage defendants face a more strident standard of evidence. Even the smell of alcohol on their breath could lead to a conviction.
Defending repeat offenses
Those attempting to understand DWI limits and penalties should know that this is a complex system in which the details of a case are essential. For example, the penalties this article discussed would typically apply to first-time offenders. Those with prior DWI convictions could face more severe consequences.]]>On Behalf of Combs Law Firm PLLC<![CDATA[Can I sue a drunk driver for my injuries in North Carolina?]]>https://www.johncombslaw.com/?p=478932022-12-17T03:48:56Z2022-12-22T03:48:03ZCan I sue a drunk driver for my injuries?
You can sue a drunk driver for your injuries, but the strength of your case depends on the role you had to play in the accident. North Carolina adheres to the contributory negligence rule, which means if you share any responsibility for your injuries, your grounds to sue may diminish. For example, if your injury occurred while riding with the drunk driver, the law assumes that you accepted some responsibility by deciding to accompany the drunk driver. If you did not play a role in the drunk driving accident, you could have a better case to sue the driver for damages, but you must present enough supporting evidence to give your claim credibility in court. You can initiate a civil lawsuit against the drunk driver even if the court drops criminal charges against them.
What damages might I recover?
Money is unlikely to return what you lost in the accident, but you have a right to seek compensation for your injuries. In a civil suit, you may pursue damages for the following:
While the details of each drunk driving incident vary, you may have a case to sue the drunk driver you believe is responsible for your injuries.]]>On Behalf of Combs Law Firm PLLC<![CDATA[How does North Carolina drug court work?]]>https://www.johncombslaw.com/?p=478902022-12-12T20:33:02Z2022-12-12T20:33:02ZNorth Carolina Drug Treatment Court may be a solution for some addicts who want to break the cycle.
What is drug court?
The North Carolina Drug Treatment Court Program helps people recover from addiction by combining regular court appearances, drug screening and treatment services. The goals of the program are to reduce alcoholism and drug dependency in the state, reduce the drug-related court workload, reduce recidivism, promote effective use of resources and increase the accountability of drug offenders.
Unlike traditional substance abuse programs, drug courts can use the legal system to intervene when a participant relapses and monitor participants for signs of problems. Drug courts require participants to commit to long-term treatment and focus on high-risk offenders, rather than low-risk individuals who are more likely to successfully self-correct their behavior. These programs typically have higher rates of completion than traditional rehab.
Who is eligible for drug court?
To participate in a drug court program you must meet the eligibility criteria:
Diagnosed as chemically dependent or borderline chemically dependent
Meet legal eligibility requirements
Be eligible for intermediate punishments for any pending offenses
Meet any other requirements of your local program
Generally, drug court is only an option for non-violent offenders.
For those who qualify, drug court can provide a path to recovery. Participants may also receive other benefits, such as credits for fines and waivers for community service.]]>