As the fall season starts this year and Halloween comes closer, there are more pedestrians as well as more drivers on our roads.

There have been multiple hit-and-run accidents this year in our area, including the tragic death of 25-year-old Ammad Brown, who was hit and killed by a vehicle last month in Carolina Beach.

The Wilmington Police Department (WPD), as well as other local authorities, urges pedestrians to be extra cautious and mindful of the laws, especially considering that traffic has the right of way if a pedestrian is crossing the street mid-block.

Authorities say that following these pedestrian safety tips could save lives:

• If there is no sidewalk, walk facing traffic and as far from traffic as possible.
• When possible, cross the street at a designated crosswalk.
• Always look both ways before crossing the street.
• Look for cars in all directions, including those turning right or left.
• Never assume a driver sees you. Make eye contact with drivers as they approach you to make sure you are seen.
• Walk on sidewalks whenever they are available.
• Wear bright clothing during the day and wear reflective materials or use a flashlight at night.

Another extremely common cause of car accidents is distracted driving. Distracted driving includes texting, eating, or simply not paying attention to their surroundings while operating a motor vehicle.  It only takes a moment of distraction for a possibly life-changing accident to occur.  Take a second to think before texting while driving, or being distracted in another way – it could be what it takes to save a life! However, eliminating distractions while driving is only half the battle when considering being a safe driver – you have to also be aware of other driver’s movements and anticipate possible traffic violations, such as an unsafe lane change, or failure to stop for a stop sign or red light. 

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation (money damages) for your pain and suffering, medical bills, and lost wages.

If you are charged with any type of crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Karen M. Thompson, Paralegal

In Part I, we discussed the Second Chance Act, and how it will affect charges that are dismissed without leave, dismissed by the court, acquitted, found not guilty, or not responsible on or after December 1, 2021. This blog, Part II, will discuss some of the other changes to expungement laws in North Carolina.

According to N.C.G.S.§ 15A-146(a4), an automatic expunction will not be required by law for a case with a felony charge that was dismissed pursuant to a plea agreement – individuals in this scenario must petition for an expunction, as it was the case under the previous statute.

Pursuant to N.C.G.S. § 15A-145.5 (c), the petition for expunction shall not be filed earlier than one of the following:

 (1) For expunction of one nonviolent misdemeanor, five years after the date of the conviction or when any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(2) For expunction of more than one nonviolent misdemeanor, seven years after the date of the person’s last conviction, other than a traffic offense not listed in the petition for expunction, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(3) For expunction of one nonviolent felony, 10 years after the date of the conviction or 10 years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

If an individual has been previously granted an expunction for a nonviolent felony or nonviolent misdemeanor, then they are not eligible for an expunction under the new law.

Pursuant to N.C.G.S. § 15A-145.5 (a), the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.25(b), 14-27.30(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver

cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

(8a) An offense involving impaired driving as defined in G.S. 20-4.01(24a).

(9) Any offense that is an attempt to commit an offense described in subdivisions (1) through (8a) of this subsection.

If you or a loved one has a criminal record in New Hanover (including Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach), Pender (including Hampstead and Burgaw), or Brunswick County (including Bolivia, Ocean Isle Beach, Sunset Beach, Shallotte, Leland, and Southport), and are interested in having your record expunged, please give us a call for a confidential consultation. Mr. Collins has been successfully handling expunctions for over 20 years.

By Karen M. Thompson, Paralegal

As Memorial Day approaches in the Wilmington, NC area, the usual excitement and preparation for a holiday weekend has been replaced by uncertainty and frustration.

Wilmington mayor Bill Saffo announced on Friday morning that there will be several changes effective at 5:00 p.m. on May 22, for the phase 2 of reopening our economy. One change is the maximum capacity for hotels and motels was raised from 25% to 50%. Some restaurants and salons will be allowed to reopen with restrictions and limited capacity, but bars and breweries are still not allowed to reopen with this Phase 2.

In addition, Wrightsville Beach has lifted all short-term rental restrictions, beaches will be open to all activities, and more parking will be available at certain access points. On-street parking will remain closed to the public.

At Topsail Beach, there has also been restrictions lifted to allow activities and recreation on the beach, and some parking will be available. However, beachgoers are required to comply with regulations that are still in place, restricting groups of more than 10 people, and to maintain a minimum of six feet distance between you and other visitors.

In Carolina Beach specifically, Mayor LeAnn Pierce has amended the State of Emergency Declaration, allowing certain restaurants with private, off-road parking lots to use up to 25% of their parking lot to accommodate outdoor dining.

Other beaches, such as Kure, Ocean Isle, Holden, and Surf City, may also have their own specific guidelines, so make sure to research the restrictions before visiting one of our beautiful beaches over this Memorial Day Weekend.

We hope it will not become necessary, but if you or your loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We also handle wills and estates with our of counsel attorney, Mitch Baker.  

By Karen M. Thompson, Paralegal

During these trying times, while everyone has been strongly suggested to stay home when they can, the only thing to do to get out of the house may be to take your pets on a walk.  However, with more pets out and about, it is still important to abide by the laws with respect to having your pet on a leash, or some type of restraint when it is not on your property. 

Section 5-9 of the New Hanover County Ordinance states:

a. It shall be unlawful for any owner of a dog, cat, or ferret to allow it to run at large off the premises of its owner.

b. Upon an animal services officer’s observation of a dog, cat, or ferret running at large, or off the premises of its owner and not under the restraint of a competent person, the officer, may, at his discretion, impound the dog, cat, or ferret or return it to its owner.

c. Upon an animal services officer’s receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this chapter or any state law as the circumstances may require.

d. Any owner cited for a violation of this chapter may discharge the citation upon payment of the current fee schedule adopted by the board county commissioners. If the dog, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of section 5-17, provided the owner is in compliance with all other applicable provisions of this chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of section 5-23 shall apply.

A violation would constitute a class 3 misdemeanor punishable by a fine of up to $500.00.

There are strict leash laws for the beaches here in Wilmington, as well – in the Town of Wrightsville Beach, pets must always be on a leash from October 1 through March 31.  From April 1 through September 30, no pets are allowed on the Wrightsville Beach Strand at all.  It is also required that you clean up after your pet, and have the means to do so at all times.  Similarly, in Carolina Beach, dogs have to be on a leash from April 1 to September 30.  The rest of the year (October 1st-March 31st) dogs are allowed off leash, but they must remain under voice command and the owner must be within a reasonable distance.  At North Topsail Beach, dogs must be on a leash from May 15 through September 30.  From October 1 to May 14, dogs are not required to be on a leash, but must be under voice command of a responsible person. 

While we are all on edge and awaiting news about COVID-19 day by day, please take some time to take your pet on a walk to enjoy some fresh air, but also please be responsible, abide by the laws, and respect your neighbors. 

By Karen M. Thompson, Paralegal

With the ongoing spread of the novel coronavirus COVID-19, businesses around the globe are having to make decisions to close, whether it be temporarily or permanent.  Here in North Carolina, bars and restaurants are currently closed for dine-in, and are instead offering take out and/or delivery options.  These changes are set for at least March 31, possibly longer, depending on how the virus develops and continues to spread. 

As of today, because of COVID-19, the Wrightsville Beach Mayor and the Chief of Police have decided to close all of the public beach accesses.  Surf City has also made the announcement that they have closed their public beach accesses.   

Carolina Beach officials followed in the same fashion at a meeting this afternoon, and called a State of Emergency and decided to also close their public beach accesses.  These decisions have been made to help prevent the spread of COVID-19 in our area, especially now that there have been 3 positive test results from our area.  

Wrightsville Beach, Surf City, and Carolina Beach are all popular destinations for tourists and locals – other beaches in our area include Caswell Beach, Holden Beach, Kure Beach, Oak Island, Ocean Isle Beach, Surf City, Sunset Beach, and Topsail Island.  However, officials in North Carolina are strongly urging residents strongly suggest against non-essential travel at this time and many vacation rental agency discuss flexible cancellation and date moving requests due to Covid19.  And, North Carolina’s welcome centers have been closed until at least April 1, 2020.

In the midst of information about the spreading of the virus or new precautions, unfortunately, false claims are spread promising ways to prevent an infection or even kill the virus, like inhaling hot air from a hair dryer, or gargling with warm water and salt or vinegar.  Please always consider the source of information and check with a healthcare professional before turning to self-remedies.  

By Karen M. Thompson, Paralegal

New Hanover County was founded in 1729 and was named after the House of Hanover.  It has an estimated population of 228,657 as of 2019.  

New Hanover County is known for its history – two of the biggest historic attractions are the Fort Fisher State Historic Site and the USS North Carolina. The Fort Fisher Battlefield is located in Fort Fisher. At Fort Fisher, visitors have a chance to get up close and see where the Battle of Fort Fisher was held. Visitors can also go inside the USS North Carolina, which became one of the first ten fastest battleships to join the American Fleet in World War II.

In addition to the Fort Fisher Battlefield and the Battleship, there is historic Downtown Wilmington with its mile-long Riverwalk along the Cape Fear River. It was named “Best American Riverfront” by USA Today in 2014.  There are various local shops, and restaurants and bars, where you can watch the passersby while enjoying a nice meal or drink in this beautiful scenery. 

New Hanover County has a countless other attractions which make it a very popular location to visit in Southeastern North Carolina.  The most popular locations to visit are the beautiful beaches: Wrightsville Beach, Carolina Beach, and Kure Beach.  Especially when the weather is nice, visitors as well as residents enjoy these beautiful beaches and beach towns, and take advantage of countless opportunities like boating, scuba diving, and surfing—Wrightsville Beach was named one of the “World’s 20 Best Surf Towns” by National Geographic Magazine.

Usually, around this time of year, New Hanover County’s residents as well as visitors, would be preparing for the Azalea Festival, where thousands of people flock to celebrate by attending concerts, the Garden Party, art shows, and other exciting festivities.  However, for the first time in it’s 73-year history, the Azalea Festival has been cancelled due to the COVID-19 pandemic. 

By Karen M. Thompson, Paralegal

Labor Day 2019 in Southeastern North Carolina is expected to be a busy and dangerous holiday.  Being the holiday weekend that traditionally wraps up the summer season, travelers are anxious to get their last beach trip of the year started, and Star News reported yesterday that nearly one-third more fatal accidents occur on Labor Day weekend than a typical three-day period.  In 2017 alone, 354 fatal car accidents occurred during the Labor Day weekend across the United States, leaving 374 people dead.

The Wilmington Police Department (WPD) has handled over 100 crashes per Labor Day weekend for the past 3 years, with none of those ending in fatalities.  However, DWI-related stops have become more frequent each year and in 2018 alone, WPD responded to 13 DWI-related incidents in the Wilmington area.  A larger and more widespread police presence will be on duty for the holiday weekend, so drivers should continue to be cautious, use turn signals, follow the speed limits, remove distractions like texting, and never drink and drive.  More people on the road simply means more opportunities for car wrecks, and it only takes a moment of distraction to cause a life-altering accident.

In addition to an already-expected increase in traffic, with Hurricane Dorian expected to hit land in Florida early next week, there is concern that evacuees from Florida could cause more traffic congestion on I-95, and some may head our way to escape the torment of the storm.

As well as opportunities for more car accidents, plenty of families will be celebrating this Labor Day weekend, and drinking alcohol is part of many of the events.  In the revelry many people will be charged with alcohol related crimes including open container, driving while impaired or driving under the influence (DWI/DUI), fake ID or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation, meaning money damages, for your pain and suffering, medical bills,, and lost wages.

If you are charged with any type of crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

By Karen M. Thompson, Paralegal

On June 30, 2017, the Star News reported that the Carolina Surf condominium complex in Carolina Beach was condemned and an evacuation was ordered after an engineer found serious structural deficiencies in the building, which could cause its collapse.  This was according to a news release from Assistant Town Manager Ed Parvin.

The Star News wrote that Parvin said:  “Town staff and the homeowners association worked together to safely remove the occupants from the building and secure the area.” Fire Chief Alan Griffin said the fire department had been working with the evacuation.

“Most of the units in the building are rentals,” Parvin said. “Those renting units all worked with the rental agencies to be relocated to other units. The condos are a secondary home for the other occupants that spoke with the fire department. They were all able to return to their primary residence.”

The address of the building is 201 Carolina Beach Ave. S., and the Focus Matters Realty website indicates that the ocean front units sell for between $250,000 to $350,000.

The Star News wrote that “Parvin said the issue with the condos came to light several weeks ago after ‘significant corrosion’ was detected on steel exposed when contractors removed a portion of the stucco siding while replacing windows on the building, Parvin said.” Town staff requested an engineering evaluation, he said.

“The engineering report indicated that the steel framing of the oceanfront decks was severely corroded,” Said Parvin. “The decks were condemned and safety barriers were installed to prevent access to the areas below the decking.”

A later engineer’s report of other parts of the building presented to the homeowners association revealed the building was “in significant danger of collapsing,” he said.

Town staff members will be submitting instructions to the homeowners association to establish its responsibilities “moving forward in accordance with state and local codes.”

The Homeowners will likely incur substantial costs to repair or replace the building, and there may be legal avenues to recover the damages in such circumstances.  If you or someone you know may be in a situation such as this, please call Collins Law Firm for a free confidential consultation at 910-793-9000.

Brunswick, New Hanover, and Pender counties are all experiencing mandatory water restrictions that were put into place on October 13^th due to a pipe break in Riegelwood. The Lower Cape Fear Water and Sewer Authority’s pipe supplies water to utilities to all three of these counties. This pipe break is affecting areas such as Wrightsville Beach, Carolina Beach, Kure Beach, Leland, Wilmington, etc.

The break in the 48-inch pipe is nearly the size of a football and that break alone is causing 12.5 million gallons of raw water to spill through it daily.

One of the main reasons that Brunswick County has declared a state of emergency and is pleading with public water customers to reduce water usage is to be sure there is enough water for emergency needs such as firefighting efforts and hospital uses.

Here are a few tips on how to help conserve water:

• Limit your shower time
• Turn off water when not directly using while brushing teeth, washing hands, washing dishes, etc.
• Only run dishwashers or washing machines when you have a completely full load
• Limit the number of times you flush the toilet daily

The water flow from Kings Bluff Pump has been cut in half by the break, going from about 24 million gallons of water flow a day to nearly 12 million gallons of water a day. A temporary patch would be ideal in this situation, but they were not able to successfully patch it when attempting to on Wednesday morning.

Since the patch was unsuccessful, crews began constructing a temporary bypass on Thursday morning so that water would go around the break and allow it to keep flowing until the break itself is repaired. This project is expected to be completed sometime next week. The main delay in this repair is that the surrounding counties do not have parts that this break is requiring to fix, so they are waiting on parts to be flown in from other parts of the country.

Car washes have made attempts to save water by reducing their number of open hours each day and the city of Wilmington is holding back on street sweeping and power washing in some areas until the pipe is repaired. If you do see areas throughout the city using their irrigation systems still during this mandatory water restriction, it may be because their water comes from a pond.

Brunswick County Emergency Services are preparing for the worst and are there to help you if needed. They have 480,000 gallons of bottled water on hand, which is equivalent to four days worth of water for residents. Please be safe and make sure you follow all mandatory water restrictions in your area!

 

By Kimberlin S. Murray, Legal Assistant at Collins Law Firm

Independence Day originally started as a celebration for the United States liberation from Great Britain. Over the years, culture has shifted, and this has become a day when people of all ages flock towards the beaches for relaxation and time with family and friends. Popular hangout spots, such as Masonboro Island, Mason’s Inlet, and the North End at Carolina Beach, have drawn crowds to Wilmington. Due to an increase in safety concerns in the area during popular holidays, such as Memorial Day and July the fourth, law enforcement has increased patrols and monitoring of the waterways, beaches, and surrounding areas.
As of yesterday, emergency officials have already begun preparation for the upcoming weekend. Local news stations report that both the North Carolina Department of Highway Patrol and area law enforcement alike will have increased patrols in an effort to “keep everyone safe.” Wrightsville Beach Police Department reports the main issues they have seen in the past on this holiday are underage drinking and illegal water taxis. Wrightsville Beach Police will work closely with the United States Coast Guard in an effort address these concerns. Those caught without proper permits and or fail to meet other regulations could face hefty fines.
It is equally important to understand the long-term consequences of underage drinking. Consumption of alcohol has many negative health consequences, but if one is caught drinking and driving, and or drinking underage, the monetary fines and long term implications are severe. The State of North Carolina has a zero-tolerance policy for underage drinking and driving; offenders could face fines up to $500, be sentenced to serve community service, attend DWI Treatment court, and complete two alcohol education courses. Ramifications of being charged with this crime include having to tell future employers of the charges, as well as universities to which you may be applying.
For those over the age of 21, consequences of drinking and driving are still cause of concern. A DWI charge can result in imprisonment for up to three years, fines up to ten thousand dollars, and license suspension. The process of obtaining your driver’s license after suspension due to DWI can prolong the emotional and financial effects of the charges; the defendants face the possibility of having an ignition interlock installed and face an increase in insurance premiums.
Attorney David Collins has over 20 years of experience in the legal field, focusing on criminal defense matters. Mr. Collins has helped many clients facing underage drinking, fake ID, DWI, drunk and disorderly, and possession of open container charges. If you or someone you know is facing criminal or traffic charges, please give our office a call at (910) 793-9000.
By: Brittany Bryant, Legal Assistant