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

A traffic ticket can cause a lot of headache.  It starts with embarrassment when the blue lights come up in your rear view mirror and when you have to sit on the side of the road while the officer investigates and issues your ticket and it continues far beyond.  If you receive a traffic ticket, you should consult with an attorney on how to best handle your ticket.

After consulting with an attorney you may come to the crossroads where you have to choose to have your speeding ticket reduced to an Improper Equipment or to request a Prayer for Judgment Continued (PJC).

An improper equipment is a non-moving violation that carries no points with the North Carolina Division of Motor Vehicle (NC DMV) and no insurance points.

It is possible to be charged with Improper Equipment, if there is actually something wrong with your vehicle.  Upon proof of the underlying deficiency of your vehicle being repaired, most Improper Equipment charges result in a dismissal.

A plea of responsible to operation of a vehicle with improper equipment in violation of N.C.G.S. §20-123.2 does not mean that there was something wrong with your vehicle, the North Carolina legislature specifically addressed the issue of improper equipment plea negotiations by making it a lesser included offense for most speeding violations N.C.G.S. §20-141 (o).  Pursuant to N.C.G.S. §20-141 (o) (2) however, an Improper Equipment plea shall not apply to charges of speeding in excess of 25 miles per hour or more over the posted speed limit.  Pursuant to N.C.G.S. §7A-304 (a) (4b) a defendant must pay an additional amount of $50 for all offenses arising under Chapter 20 of the General Statutes and resulting in a conviction of an improper equipment offense.

In some counties, such as New Hanover and Pender County, you are generally not allowed to get a Chapter 20 offense amended to an improper equipment more than once within a three year period without prior completion of a safe driving class.  If a defendant however already received an improper equipment plea and also already attended a safe driving class or if the defendant does not want to attend a safe driving class, then different options can be explored.  One of these options only applicable to speeding charges is a reduction of the speed, most commonly a reduction to less than ten over the posted speed limit. While a reduction to less than ten over the posted speed limit will appear on your driving record, it should not affect your North Carolina insurance premiums as long as the violation did not occur in a school zone or there is not another traffic moving violation within a three year period.

Another option of disposing of a traffic ticket pursuant to N.C.G.S. §15A-1381 (9) is a Prayer for Judgment Continued, or PJC – an entry of a plea of guilty or no contest pursuant to G.S. 15A-1011, without regard to the sentence imposed upon the plea. The PJC is unique to North Carolina Law.  If the PJC is granted, the offense is not entered against the defendant and no fines are assessed in addition to the court costs.  However, pursuant to N.C.G.S. §20-141 (p) a driver charged with speeding in excess of 25 miles per hour over the posted speed limit is not eligible for a PJC.  Also, defenders who hold an active Commercial Driver’s License (CDL) or who were driving a commercial vehicle when they were charged, cannot receive a PJC without it effecting their driving record because NC DMV does not recognized a PJC in such instances and would record a conviction of the underlying charge instead.

Both the NC DMV and Insurance Companies have their own policies regarding PJCs. Currently, the NC DMV will recognize two PJCs per driver every 5 years. If you plead guilty and are granted a third PJC within that 5 year period, DMV will not recognize it and the underlying conviction will affect you just like any other guilty plea. Also, Insurance Companies will recognize only one PJC every 3 years per household – a second PJC per household may cause insurance points to be charged according to the underlying conviction.

We generally advise our clients to save their PJCs. However, each defense in traffic matters is unique and needs to be analyzed to determine what the best possible disposition would be.

If you or someone you know is received a traffic ticket in Southeastern North Carolina, then call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Jana H. Collins

Driving slowly in the left hand lane is not just a pet peeve, but causes a hazard by negatively impacting the flow of traffic.

This forces faster moving traffic to pass in the right hand lane. Drivers hoping to pass a slow left hand lane driver often signal a lane change toward the center median, flash headlights, or drive very close to the bumper to the slow left hand lane driver, which is known as tailgating.

The left hand lane which is also referred to as the fast lane, inside lane, or passing lane is reserved for faster moving vehicles wishing to pass or overtake. The United States Uniform Vehicle Code states the following: “Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic.”

Some states, including North Carolina, have made it illegal to drive slowly in the left hand lane and fail to yield to traffic that seeks to overtake.

In North Carolina, travel on a multi-lane roadway is governed by N.C.G.S. §20-146(b):

Upon all highways any vehicle proceeding at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 drivers license points pursuant to N.C.G.S. §20-16 (c), or 3drivers license points if the violation occurred during the operation of a commercial motor vehicle.

Most of the laws prohibiting driving slowly in the left hand lane however seem to only be enforced to stop suspicious vehicles or passengers.

Generally, one should always be aware of their surroundings especially while driving and move lanes if they find themselves holding up traffic – the choice to travel in the right hand lane should be made already out of consideration for other travelers, to increase traffic safety, to reduce traffic congestion, and to improve emergency response.

By Jana H. Collins, Office Manager

A Commercial Driver’s License (CDL) is a special driver’s license for those wishing to drive larger vehicles. Every driver is required to hold a CDL to legally operate any vehicle that meets

one or more of these conditions:

– has a gross vehicle weight rating or combination GVWR greater than 26,000 pounds;

– is designed to transport 16 or more passengers, including the driver; and/or

– is transporting a hazardous material or cargo that requires placards.

Possession of a CDL is considered a privilege for drivers and it requires those drivers to abide by other rules in addition to the normal traffic regulations. These include certain violations committed in a Commercial Motor Vehicle (CMV) and those committed in their personal vehicle. Violations to these rules can generally cause a suspension or revocation of your CDL privileges.

A major driving violation that will significantly effect your CDL is Driving While Impaired and other alcohol related offenses

Driving While Impaired (DWI): For commercial drivers in North Carolina, it is illegal to operate any commercial vehicle while under the influence of an impairing substance or with blood-alcohol concentration of .04 percent or higher. DWI is a criminal offense resulting

in a loss of driving privileges for one year following the first conviction and lifetime driver license revocation upon the second conviction, plus court fees (N.C. General Statute 138.1).

NCGS 20-138.2. Impaired driving in commercial vehicle:

(a) Offense — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the state:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in NCGS 90-89, or its metabolites in the driver’s blood or urine.

Some others include:

• Driving While Impaired (BAC of 0.06) in a Commercial Motor Vehicle
• Driving While Impaired (BAC of 0.04 or 0.05) in a CMV
• Leaving the scene of an accident involving a CMV you were driving
• Using a CMV to commit a felony
• Vehicular manslaughter offense occurring while operating a CMV
• Driving a CMV during a period your CDL was revoked, suspended, cancelled, or disqualified

A second conviction of any of these offenses will result in a lifetime suspension of your CDL and if any of these offenses occur while you are driving a CMV that is placarded for hazardous materials, your CDL will be disqualified for a minimum of three (3) year.

If you use a CMV to commit a felony involving controlled substances your CDL will be disqualified for life.

A person can also be suspended from driving a CMV for 60 days if you are convicted of two “serious traffic violations” within a three-year period and for no less than 120 days if convicted of three or more serious traffic violations. Some examples of serious traffic violations are:

• Excessive speeding (15mph or more above posted speed limit)
• Reckless driving
• Following too close
• Erratic lane changes
• Traffic offenses committed in a CMV in connection with fatal traffic accidents
• Driving a CMV without obtaining a CDL
• Driving a CMV without having your CDL in your possession

These traffic violations also carry a heavier point system when dealing with a CDL. For example, if a person with a regular license is convicted of Reckless Driving then they will receive 4 DMV points, however if a person with a CDL is convicted of Reckless Driving then they will receive 5 DMV points.

Another important fact to note is that if you carry a CDL and you are charged with a serious violation in your own personal vehicle (non-CMV), it still may affect your CDL if convicted. So, if you or someone you know has been charged with a violation while possessing a CDL, or was charged while driving a CMV, then please call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Rachel R. Reynolds

Motor vehicle crashes are the leading cause of death among those age 5-34 in the U.S. More than 2.3 million drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. Seat belt use and proper child restraint are the most effective ways to save lives and reduce injuries in crashes, yet millions of adults do not wear their seat belts and fail to properly secure their children on every car ride. Many of these deaths and injuries can be prevented.  Placing children in age- and size-appropriate car seats and booster seats reduces serious and fatal injuries by more than half.

According to North Carolina General Statute § 20-137.1 (Child restraint systems required)

(a) Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.
(a1) A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

A violation of this section shall have all of the following consequences:

(1) Two drivers license points shall be assessed pursuant to G.S. § 20-16.
(2) No insurance points shall be assessed.
(3) The violation shall not constitute negligence per se or contributory negligence per se.

For maximum safety and to avoid being charged with failing to restrain a child, follow these recommendations provided by www.buckleupnc.org:
•    Use rear facing child restraints as long as possible, but at least until age two. Most models can and should be used up to at least 30 pounds.
•    Once a child is turned to face the front of the car, use a child restraint with a harness until the harness is outgrown, from 40-80 pounds, depending on the model.
•    Use seatbelts for older children only when they are large enough for both the lap and shoulder belt to fit correctly.
•    Use a seatbelt on every car trip to set a good example for your children.

If you have been charged for failing to restrain a child, for a seatbelt violation  or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal

Over the past twenty years, cell phones have become an essential part of day to day life for many Americans. Cell phones continue to provide us with the convenience to communicate while on the go, comfort in knowing we have a way to call for help in case of an emergency, and access to music, games and entertainment.  Cell phones can make life easier, but when used irresponsibly, can have disastrous consequences.

Answering a text takes away your attention for about five second. That is enough time to travel the length of a football field. We know it is dangerous, but many of us continue to send or receive text messages while driving thinking that nothing will happen to them. But according to the National Highway Traffic Safety Administration, text messaging while driving makes a car crash 23 times more likely and 1.3 million auto collisions involved cell phones last year.

Unfortunately, about 6,000 deaths and about 500,000 injuries are caused by distracted drivers every year.  In response to the rapid increase in texting while driving fatalities, 39 states, including North Carolina have passed laws prohibiting all drivers from texting while driving. Texting while driving is a violation of the North Carolina General Statute §20-137.4A.

N.C.G.S. §20-137.4A Unlawful use of mobile telephone for text messaging or electronic mail
(a) Offense. – It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
(1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
(2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.
(b) Exceptions. – The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped.
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
(4) The use of voice operated technology.
(c) Penalty. – A violation of this section while operating a school bus, as defined in G.S. 20-137.4(a)(4), shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.

A texting while driving charge will not cause you to receive any drivers license points or insurance surcharges, however the charge will appear on your North Carolina DMV record unless you are able to have the charge dismissed. If you or someone you know has received a ticket for texting while driving, call Collins Law Firm for a free consultation at 910-793-9000910-793-9000.

By Lauren Seidel, Paralegal

In an effort to increase the safety of our children, the North Carolina Highway Patrol launched Operation Stop Arm week yesterday, October 15, 2012 at 6:00 a.m. and will go through the end of school Friday, October 19, 2012.  They will enforce stop arm violations and other traffic violations in and around school zones aggressively.

Troopers will be observing drivers in school zones and following school busses in marked and unmarked cars statewide during this week.

Keep in mind what you are and are not allowed to do with respect to a stopped school bus:

•    Two-lane road – Everyone must stop
•    Four-lane road with no separation – Everyone must stop
•    Four-lane or more with a median or some physical barrier – Only traffic following the bus must stop
•    Center turn lane with less than four lanes – Everyone must stop
•    Center turn lane with at least four other lanes – Only traffic following the bus must stop

Passing a stopped school bus is a Class 1 misdemeanor.  The maximum punishment for a Class 1 misdemeanor conviction is 120 days prison/jail time.   In addition, upon conviction of passing a stopped school bus one receives five driving points on their North Carolina driver’s license and is subject to fines up to $200.   Furthermore, if—while passing a stopped school bus—one strikes an individual, one faces a maximum punishment of 15 months jail/prison time, because this is a Class I Felony.  If—while passing a stopped school bus and striking an individual—one causes a death, one faces a maximum punishment of 30 months jail/prison time, because this is a Class H felony.

Collins Law Firm has handled thousands of traffic tickets for our clients and, in most cases, we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension of your North Carolina driver’s license, call us at: 910-793-9000.

By Jana Collins, Office Manager

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.