It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, does not necessarily mean you will be convicted.  Collins Law Firm has represented many people charged with violating the laws concerning the sale, possession, and consumption of alcohol.  In most cases, especially for first time offenders, we have been able to prevent convictions.  Presently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. When there is a solid defense, we normally are able to have the charges dismissed without our clients having to perform any volunteer service or complete classes.

If you have been charged with underage drinking, a DWI / DUI, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you call Collins Law Firm at: 910-793-9000 for a confidential consultation.

On Friday, April 15, 2011, Chief District Court Judge Jolly issued an administrative order, stating that newly elected District Attorney Jon David’s proposed traffic court program would be a “gross impropriety” because the owner of the company which would provide some of the driving courses under the program, contributed to David’s campaign.  The part of Mr. David’s proposed program to which the Judge referred is called StreetSafe, and is a program for people aged 16 to 21 who are charged with committing traffic offenses, and is supposed to educate young people about the dangers of risky driving.  The owner of the program, Doug Darrell, contributed money to Mr. David’s campaign, according to state records.
In Chief District Court Judge Jerry Jolly’s order, he wrote that because people were to be referred to the program, and would be required to pay money to the program operated by one of his campaign contributors, that the program would constitute a conflict of interest that “brings the criminal justice system into disrepute.”  Judge Jolly’s order puts a stop to all traffic court days, which were to be held in effect in Brunswick, Columbus and Bladen Counties, which comprise the 13th prosecutorial district.  The order shutting down traffic court stated that “the District Court of the Thirteenth Judicial District will not be a party to the scheme of the District Attorney Jon David and will not tolerate District Attorney Jon David financially profiting one of his financial contributors.”  Mr. David said that no hearing was held on the issue and he was not aware of the judge’s concerns until he read the order.
On Monday, April 18, 2011, Mr. David responded in a letter in which Mr. David wrote that the order was “slanderous” and was based on a “petty personality conflict.”  He further stated that the order contained factual errors, and he questioned why there was no hearing on the issue.
On Thursday, April 21, 2011, the Star News, the main news paper in the Wilmington, NC area, reported that a number of high-ranking law enforcement officials in Brunswick County indicated support of Mr. David’s program, and that they disagreed with the Judge’s order as misguided and that it would ultimately undermine public safety.  The law enforcement officials issuing the statement included Brunswick County Sheriff John and Police chiefs from Holden Beach, Oak Island, Shallotte, Leland, Northwest, and Bald Head Island.  Their statement said that law enforcement officials opposed Jolly’s ruling to close the traffic program because it would hamper their ability to patrol their jurisdictions because law enforcement officers would have to spend more time in court since the traffic court is eliminated.  Under the traffic court program, officers are not required to be in court, and the traffic charges are resolved without trials – usually by dismissals or pleas to reduced charges.  And in traffic court, lawyers could appear in traffic court for defendants to resolve their charges for them.
On Monday, April 25, 2011, the Star News reported that two groups connected with the Brunswick County Republican Party indicated support for District Attorney Jon David regarding the dispute with Judge Jerry Jolly over the traffic court program.  The story reported that Brunswick County GOP Chairman George Bell said “Mr. David, who had the support of 68 percent of the voters in Brunswick County in last year’s election, would not violate the trust of the citizens of Brunswick, Bladen or Columbus County,”.   “It appears that partisan politics is at play here and we agree with Mr. David that the charges are slanderous.”  The story also reported that the Brunswick County Republican Women’s Club President Kathryn Lawler wrote an email to Senior Resident Superior Court Judge Ola Lewis, asking her to intercede in the matter.
On Tuesday, April 26, 2011, the Star News published a story stating that District Attorney David is currently abiding by the judge’s order, but that the traffic court dispute “continues to simmer without resolution … It’s been just more than a week since David sent the judge a letter asking him to rescind his order that blocked David’s administrative traffic court and threatening to take legal recourse if Jolly did not change his mind,” the story reported, and it indicated that the District Attorney had not yet filed an appeal, and that while Mr. David disagrees with the order, he had instructed law enforcement officials to comply with it.  Mr. David said that “It’s an order that’s in effect right now, and until it’s rescinded or overturned by a superior jurisdiction, I am instructing officers to follow that.”
If you have been issued a traffic citation, or charged with any traffic violation or crime in Southeastern North Carolina, in Wilmington, NC or the surrounding areas including Bolivia, NC, Brunswick County, New Hanover County, Burgaw, NC, or Pender County, you should at least consult with a lawyer or attorney about your charges.  We may be able to represent you, go to court for you, and prevent you having to appear in court at all. You can call the professionals at Collins Law Firm for a confidential consultation at: 910-793-9000.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B entitled “Regulation of Alcoholic Beverages.” (§§ 18B-100 – 18B-1308) and (§§ 18B-300 – 18B-399).  Convictions for most violations of these provisions are subject to punishment for either a class one misdemeanor (punishable by a maximum of 120 days in jail) or a class two misdemeanor (punishable by a maximum of 60 days in jail).  Further, a conviction for a violation of 18B-302(c), (e), or (f) will result in the person’s NC drivers license being revoked for one year.  See N.C.G.S. § 20-17.3 entitled “Revocation for Underage Purchasers of Alcohol.”

Section 18B-302 provides that “the court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.”

The relevant portions of the statutes prohibiting certain conduct are contained in § 18B-302 entitled “Sale to or purchase by underage persons,” which provide as follows:

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage. (c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.  (e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license. (3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section. (f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, doesn’t necessarily mean you will be convicted.  Collins Law Firm has represented hundreds of people charged with violating the laws regarding the sale, possession, and consumption of alcohol since 1998, and in most cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing an class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. In most cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at:  910-793-9000.

The elections are over and we are very excited that all of our friends whom we supported in their races in the Southeastern North Carolina counties surrounding Wilmington NC (Brunswick County and New Hanover County) won their elections! This was an historic election, and for the first time since 1898, the Republicans hold the majority of both houses of the North Carolina legislature.

Jon David will be the new District Attorney in North Carolina’s 13th prosecutorial district, which includes Brunswick County, Columbus County, and Bladen County. Mr. David’s office will prosecute all state crimes including infractions, misdemeanors, and felonies. Jon David has over ten years experience as a prosecutor, and has been prosecuting cases for years with his brother, Ben David, who is the District Attorney in the Fifth Prosecutorial District (which includes New Hanover County and Pender County). We know Mr. David will make an outstanding District Attorney and will work hard to seek justice in all the cases his office will handle.

Thom Goolsby will be New Hanover County’s new State Senator. Mr. Goolsby is a Wilmington, NC lawyer who practices personal injury and criminal defense in Wilmington, North Carolina. He is a conservative and will focus on creating jobs by limiting government in Raleigh. He holds both a Juris Doctor, and Master of Business Administration, and has been managing his law firm for years, so he understands business, and will make an excellent law maker.

Jay Hockenbury will continue one of our Superior Court Judges in New Hanover County and Pender County. Judge Hockenbury was challenged in this election, and soundly defeated his opponent. He also is a Republican, and he is a fair and impartial judge. He hears civil cases as well as all types of criminal cases in including misdemeanors and felonies. We are glad Judge Hockenbury will continue to be one of our excellent Superior Court Judges.

Chad Hogston, also a Wilmington attorney, will be our newest District Court Judge. Mr. Hogston has been practicing law in Wilmington for almost a decade and a half. He has experience in both civil and criminal cases, and we are sure he will be an outstanding fair and impartial District Court Judge.

Jan Kennedy will be our new Clerk of Court in New Hanover County. She has almost two decades experience in the clerk’s office, and we are confident she will make an excellent Clerk of Court, and she will make sure that the courts continue to run smoothly and efficiently. The clerk’s office manages all the files in State court including civil matters as well as all criminal matters – including all infractions, misdemeanors, and felonies.

In this great recession, many people are trying to save money. Almost every day, we see people going to court without an attorney and making terrible mistakes which will affect them for the rest of their lives. They are being convicted of crimes and infractions which will stay on their records forever, and costing them money in fines, costs and other expenses; and for traffic offenses, causing insurance premium increases.

In most of these cases, if they had competent legal representation, these consequences very likely could have been avoided. For example, for most traffic charges which are moving convictions, a conviction will result in a thousand dollars or more insurance premium increases over a three year period, and these costs could have been avoided for a few hundred dollars in attorney fees.

If you have a pending court date in New Hanover, Brunswick, or Pender Counties, call Collins Law Firm at 910-793-9000 to discuss how we can help and what our fees would be.