St. Patrick’s Day, a holiday known for its vibrant green festivities, cheerful parades, and jovial gatherings, is celebrated by millions around the world every year. However, amidst the revelry and merrymaking, there’s a darker side that often gets overshadowed: the dangers of drunk driving. As we gear up to celebrate St. Patrick’s Day, it is crucial to remember the importance of responsible drinking and the serious consequences of getting behind the wheel while intoxicated.

St. Patrick’s Day commemorates the patron saint of Ireland, St. Patrick, and the arrival of Christianity in Ireland.  What began as a religious feast day has evolved into a global celebration of Irish culture, marked by parades, traditional music, dancing, and, of course, the wearing of green attire. It is a day when people of all backgrounds come together to celebrate Irish heritage and enjoy the festivities.

Unfortunately, St. Patrick’s Day has also become associated with a rise in alcohol-related incidents, particularly drunk driving accidents. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related fatalities tend to spike around this holiday. In 2019, for example, 51% of all traffic fatalities on St. Patrick’s Day involved drunk drivers with blood alcohol concentrations of 0.08% or higher.

The consequences of drunk driving can be devastating, both for the driver and for others on the road. Not only does it put the driver at risk of injury or death, but it also endangers the lives of innocent bystanders and other motorists. Moreover, the legal repercussions of drunk driving can be severe, including hefty fines, license suspension, and even jail time. Beyond the legal consequences, the emotional toll of causing harm to oneself or others can be immense and long-lasting.

While it is perfectly fine to enjoy a few drinks and celebrate with friends and family, it is essential to do so responsibly. Here are some tips for celebrating St. Patrick’s Day safely:

If you are going out to celebrate, plan your transportation in advance. Designate a sober driver, use public transportation, or arrange for a ride-sharing service to ensure you get home safely.

Enjoy your drinks in moderation and alternate alcoholic beverages with water or non-alcoholic drinks to stay hydrated.

If you notice someone who has had too much to drink, intervene and help them find a safe way home. Never let a friend or loved one drive drunk.

Do not succumb to peer pressure to drink excessively. Remember that it is okay to say no and stick to your limits.

There are various smartphone apps available that can help you find a sober ride home or track your alcohol consumption throughout the night.

In an effort to deter those who have been drinking from getting behind the wheel, law enforcement officers statewide will be on patrol and set up DWI checkpoints – the Booze-it-and-Lose-it campaign for the St. Patrick’s Day holiday began on Monday, Mar. 11, 2024, and will run through Sunday, March 17, 2024.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at 910-793-9000 for a confidential consultation.

Stay safe, Wilmington!

In order to deter impaired driving, the North Carolina Governor’s Highway Safety Program began to run their Booze It & Lose It campaign today through January 1, 2024. 

All across North Carolina, there will be increased patrols and checkpoints to detect impaired drivers. 

Last year, 471 people were fatally injured in alcohol-related motor vehicle accidents in North Carolina alone. 

Enjoy the holidays and some yummy holiday spirits, but please utilize a designated driver, a taxi, Uber, or Lyft, in order to make sure not to turn a good time into a tragedy for yourself or others.

However, if you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

Memorial Day is a significant occasion in North Carolina, as it not only serves as a time to honor and remember the sacrifices of our military heroes but also marks the beginning of the “Click It or Ticket” campaign. This statewide initiative aims to raise awareness about the importance of seat belt usage and enforce strict seat belt laws. The “Click It or Ticket” campaign plays a crucial role in promoting road safety, reducing fatalities and injuries, and creating a culture of responsible driving in North Carolina.

The Importance of Seat Belt Usage:

Seat belts are one of the most effective safety devices in vehicles, proven to save lives and prevent severe injuries in the event of a crash. Studies have consistently shown that wearing seat belts significantly reduces the risk of fatalities and serious injuries. The “Click It or Ticket” campaign emphasizes the importance of using seat belts for all occupants, regardless of their seating position.

Raising Awareness:

The “Click It or Ticket” campaign utilizes various strategies to raise awareness about seat belt usage. Public service announcements, educational programs in schools, and media campaigns play a vital role in disseminating information and encouraging individuals to buckle up. By highlighting the consequences of not wearing seat belts, the campaign underscores the need for responsible behavior on the road.

Strict Enforcement and Penalties:

The campaign combines education with enforcement by employing law enforcement agencies to conduct targeted seat belt checks and patrols. Officers actively enforce seat belt laws and issue citations to drivers and passengers who fail to comply. The imposition of fines and penalties acts as a deterrent and encourages individuals to adopt safe habits. By strictly enforcing seat belt laws, the campaign aims to create a culture of compliance and responsibility.

Collaborative Efforts:

The success of the “Click It or Ticket” campaign relies on collaboration among various stakeholders. State and local government agencies, law enforcement, community organizations, and media outlets join forces to promote the campaign’s objectives. Partnerships are forged to maximize outreach, allocate resources effectively, and engage the public in road safety initiatives. By working together, these entities create a unified front to address the issue of seat belt non-compliance.

Positive Impact on Road Safety:

The “Click It or Ticket” campaign has demonstrated significant positive impacts on road safety in North Carolina. By consistently reinforcing seat belt usage and enforcing compliance, the initiative has contributed to a reduction in traffic fatalities and injuries. According to statistics, states with primary seat belt laws, such as North Carolina, have higher seat belt usage rates and lower fatality rates compared to states without such laws. This highlights the effectiveness of the campaign in promoting safer driving practices.

The North Carolina Memorial Day “Click It or Ticket” campaign serves as a powerful reminder of the importance of seat belt usage and responsible driving. Through comprehensive awareness programs, strict enforcement, and collaborative efforts, the campaign aims to instill a culture of seat belt compliance, ultimately saving lives and reducing injuries on the road. As we honor our fallen heroes during Memorial Day, let us also honor their memory by prioritizing safety and protecting one another through the simple act of buckling up.

Increased law enforcement efforts will also be focused on all types of traffic violations including speeding, DWI, driving while license revoked, and other infractions such as running red lights or stop signs.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

With the celebration of Halloween, the holiday season begins.  According to the Highway Safety Program, Halloween is among the most dangerous times a year for traffic accidents.  Halloween parties and trick-or-treat events invite individuals to come out, and the chances for drunk driving and pedestrian accidents increase. 

With the statewide Booze It & Lose It campaign which began on October 24, 2022, and will last through October 31, 2022, the Governor’s Highway Safety Program is aiming to discourage drivers from operating a car after consuming alcohol.   There will be increased law enforcement patrolling our roads, and sobriety checkpoints will be set up.

It is very dangerous to drive distracted or impaired.  But especially on Halloween with excited kids darting out in the middle of the street or simply crossing without looking, all drivers should be vigilant, keep their eyes on the road and be prepared to stop.

If you plan to go out and enjoy alcoholic beverages, please have a designated driver, use a taxi, Uber, or Lyft.  Please make sure not to turn a good time into a tragedy for yourself or others.

Also keep in mind, a charge of driving while impaired can be expensive. People charged with DWI can lose their license and may have to pay thousands of dollars in court fees and increased insurance premiums.

Have a good time this weekend and be safe!

By Jana H. Collins

DWI/DUI refers to Driving While Impaired (DWI), or Driving Under the Influence (DUI).  Commonly, even more terms are used to describe what North Carolina General Statute (N.C.G.S.) defines in §20-138.1 as impaired driving, for example driving while intoxicated, drunk driving, or drugged driving.  Pursuant to N.C.G.S. § 20-138.1. A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this 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 0.08 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 G.S. 90-89, or its metabolites in his blood or urine.

Often, law enforcement agencies set up road blocks in order to detect drunk or drugged drivers, in other cases, law enforcement officers pull drivers over who exhibit signs of impaired driving.  In either scenario, upon suspicion of impaired driving, a law enforcement officer will request for the driver to submit to a breath test, and/or administer a field sobriety test to determine if the level of impairment is outside the legal limits. 

Pursuant to N.C.G.S. §20-16.2. Any person who drives a vehicle on a highway or public vehicular area thereby gives consent to a chemical analysis if charged with an implied-consent offense. Any law enforcement officer who has reasonable grounds to believe that the person charged has committed the implied-consent offense may obtain a chemical analysis of the person.  Before any type of chemical analysis is administered the person charged shall be taken before a chemical analyst authorized to administer a test of a person’s breath or a law enforcement officer who is authorized to administer chemical analysis of the breath, who shall inform the person orally and also give the person a notice in writing that:

(1) You have been charged with an implied-consent offense. Under the implied-consent law, you can refuse any test, but your driver license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.

(2) Repealed by Session Laws 2006-253, s. 15, effective December 1, 2006, and applicable to offenses committed on or after that date.

(3) The test results, or the fact of your refusal, will be admissible in evidence at trial.

(4) Your driving privilege will be revoked immediately for at least 30 days if you refuse any test or the test result is 0.08 or more, 0.04 or more if you were driving a commercial vehicle, or 0.01 or more if you are under the age of 21.

(5) After you are released, you may seek your own test in addition to this test.

(6) You may call an attorney for advice and select a witness to view the testing procedures remaining after the witness arrives, but the testing may not be delayed for these purposes longer than 30 minutes from the time you are notified of these rights. You must take the test at the end of 30 minutes even if you have not contacted an attorney or your witness has not arrived. NC Gen. Stat. 20-16.2 Implied consent to chemical analysis; mandatory revocation of license in event of refusal; right of driver to request analysis.

Before the revocation of one’s driving privilege goes into effect based on their refusal to submit to a chemical analysis, North Carolina Division of Motor Vehicles (NCDMV) will send a letter to let one know for when the suspension of their driver license is scheduled, and will advise of the right to request a preliminary hearing.  If NCDMV receives the request for a preliminary hearing along with payment for the required hearing fee in the amount of $450.00, prior to the suspension going into effect, one may retain their driver license pending the outcome of the preliminary hearing.

Upon six months from the effective date of the suspension of one’s driver license due to their refusal, the court may be petitioned for a limited driving privilege for the remainder of the one year refusal suspension. 

Fortunately, Collins Law Firm is here to help those facing impaired driving charges in New Hanover, Pender, and Brunswick County.  Attorney David Collins has over 25 years of experience in the legal field, and has successfully represented many people charged with DWI/DUI.   If you or someone you know has DWI/DUI, then call us at (910) 793-9000 for a confidential consultation.

By Jana H. Collins, Paralegal

As the summer season comes to a close this year, there are more cars on the road –schools are fully back in session, and New Hanover County has had a continuously increasing number of residents which is currently at 227,000+.  And, events such as the Wilmington Riverfest and the Cape Fear Fair and Expo attract tourists to add even more to our already crowded streets.

WECT reported this week that there have been three pedestrians hit and killed in a ten day period here in Wilmington, North Carolina.  Wilmington Police Department (WPD) was shocked at the high rate of occurrence of deadly hit and runs in our area recently, even considering the perpetual construction and awful traffic.  The WPD 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.

Police say these pedestrian safety tips could save lives:

• Walk on sidewalks whenever they are available.
• 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.
• Wear bright clothing during the day and wear reflective materials or use a flashlight at night.

Another common cause of car accidents is distracted driving, whether that is texting, eating, or simply not paying attention to their surroundings.  Only a partial second of distraction is needed for a potentially life-changing accident to occur.  Giving it a second thought before texting while driving could be what it takes to save your life, or someone else’s!  However, eliminating distractions while you’re driving is only half the battle when considering being a safe driver – you also have to be aware of other driver’s movements, and anticipate possible traffic violations, such as running a red light, or failure to reduce speed to avoid a collision.

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.

By Karen M. Thompson, Paralegal

During this December holiday season, a record-breaking 112.5 million Americans will be traveling, which is a 4.4% increase since last year, according to American Automobile Association (AAA).  While many people may choose to fly this holiday season, it is important for the ones who are driving to their Christmas destinations to be prepared for their travels, no matter the distance. Some precautions you should take to help ensure safe travels include making sure you have gotten a recent oil change, and if not do so, check your tires to make sure they have the right pressure, keep your gas tank at least ¼ full, do not let it go below that, and be sure to secure all luggage in the car.

No matter if you are driving with your family, friends, or alone, traffic may cause stress during your travels. However, it is very important to remember to stay patient in these situations in order to keep everyone on the roads safe. In order to prevent being rushed, AAA suggests that you leave earlier then you normally would because with holiday traffic, delays should be expected. This way, you will not be as rushed and your drive will be much less stressful.

Law enforcement will be present on all North Carolina roads through the New Year, and will be enforcing their annual Booze it & Lose it campaign, which intends to keep the roads safe this holiday season and save lives. After drinking, you should not operate a car, as the consequences of doing so may be deadly. Over the past 5 years, 300 people died due to drunk driving accidents the week between Christmas and New Years.  This holiday season, there will be multiple checkpoints and saturation patrols. If you are caught driving above the legal limit, you will be stopped and charged, but this can be avoided by not driving after drinking.

Please try to stay safe this holiday season. However, if you find yourself in trouble, such as a traffic ticket, car accident, or criminal charge such as driving while impaired (DWI/DUI), please call Collins Law Firm for a confidential consultation at 910-793-9000.

By Sarah M. Collins,  Legal Assistant

This holiday season AAA is expecting 103 million Americans to travel, which is nearly 1.5 million more people than last year. While many people choose to fly to their Christmas destinations, AAA is predicting that more people will be driving this year than previous years. It is very important that those driving, no matter the distance, are prepared for their travel. Make sure you’ve recently gotten an oil change, check your tires to make sure they have the right pressure, never let your gas tank get below ¼ of a tank while traveling, and secure all luggage in your car.

While traveling with a car load of family members, or even alone, traffic can make things very stressful. However, it is very important that you remember that patience is key in these situations to make sure everyone on the roads remains safe. If you need to be at your destination by a specific time, AAA suggests that you leave earlier than you normally would as you should expect delays during this holiday season.

Law enforcement will be on all North Carolina roads through the New Year enforcing their annual Booze It & Lose It campaign. The goal of this campaign is to keep the roads safe this holiday season and help save lives. It is very important that you do not get into a car after you have been drinking as it can have deadly consequences. Last December alone there were 431 fatalities due to car accidents involving a drunk driver. To try to avoid this, there will be an increased number of saturation patrols and checkpoints so that people know they will be stopped and charged if they are drinking and driving over the legal limit. There are several DWI Task Force teams funded by the N.C. Governor’s Highway Safety Program and these officers are responsible for working nightly to catch impaired drivers. These Task Force teams are located in many different counties, including, Brunswick County, NEw Hanover County, Pender County.

Please be safe, smart, and avoid distractions this holiday season! However, if you happen to find yourself in trouble, whether it be a traffic ticket, car accident, or a criminal charge such as an alcohol related offense, please call Collins Law Firm for a confidential consultation at 910-793-9000.

By Kimberlin Murray, Legal Assistant

It’s finally here, a three-day weekend! Although for most of us Labor Day weekend marks unofficial end to summer, it’s also a great time to catch up with family and friends at the beach and spend some quality family time before it starts to cool off.
If and as you travel, keep in mind that this is one of the most traffic heavy weekends all year. Officials say about 1 million Tar Heel state residents are expected to travel 50 miles or more from home, 86% of those will be driving—but here we have good news! According to AAA Carolinas, the average gas price in North Carolina is now $2.22 per gallon. This time last year it was over a dollar more.

Although traveling this year will be more economical than last, the laws and consequences associated with the dreadful DUI/DWI have gotten nothing but worse. So, whether you’re traveling locally to relax at the beach or headed out of town, remember to drink responsibly and don’t drive!

Law enforcement officials said they are going to keep a close eye on you this Labor Day weekend to make sure everyone has a safe and fun holiday. NC State Highway Patrol said they have teamed up with the NC Wildlife Commission to crack down on impaired driving this weekend.

Their “On the Road, On the Water, Don’t Drink and Drive” campaign which was kicked off on Thursday September 3rd and conclude at midnight on Monday, September 7th. Highway Patrol also launched their ‘Booze it & Lose It’ campaign on August 21. Sgt. Pope with the Highway Patrol said they have arrested 41 people for driving impaired in New Hanover and Brunswick counties throughout the last week and they plan to over-staff law enforcement this weekend.

North Carolina is well-known nationwide for having some of the most severe DUI/DWI consequences in the country.

Here at Collins Law Firm we wish you all a safe and fun Labor Day Weekend.

If you or someone you know is in need of representation for a traffic or DWI/DUI offense, please give Attorney David Collins a call. With over 20 years of experience, we are able to help you in most matters! Call us at 910-793-9000.

By Amber Younce, 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