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(2) Repealed by Session Laws 2006-253, s. 15, effective December 1, 2006, and applicable to offenses committed on or after that date.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

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

Cinco de Mayo, Spanish for “5^th of May,” is a widely-celebrated holiday in the United States. In Mexico, it is considered a minor holiday,  not to be confused with Mexican Independence Day, which happens on the 16^th of September. Cinco de Mayo commemorates the Mexican army’s 1862 victory over France at the Battle of Puebla during the Franco-Mexican War. The battle was led by Texas-born General Ignacio Zarazoga, who commanded his poorly-supplied and greatly outnumbered Mexican troops against the 6,000-strong French force of General Latrille de Lorencez. Beginning at daybreak on May 5^th, 1962, the French army attacked the city of Puebla de Los Angeles. The French forces retreated in the early evening, having lost nearly 500 soldiers, while fewer than 100 Mexicans had been killed in the battle. Although this victory was not a major strategic win in the overall war against the French, the success of the troops at Puebla became a symbol of Mexican resistance to foreign domination. The war would eventually end almost six years later, with support of the United States military and political pressure.

In the United States today, festivities are most prominent in areas with a large Mexican-American population, and, in Mexico, celebrations occur most heavily in the Puebla region. The occasion is marked with parades, mariachi bands, Mexican folk dancing, and, of course, traditional Mexican food and drink in celebration of Mexican culture and heritage. Traditional foods include Mole Poblano, Chalupas, and Chiles en Nogada. Revelers may sip on sangria, margaritas, and Mexican beer, aka cerveza.

While Wilmington festivities will remain tame compared to celebrations in other cities, local restaurants are gearing up for the holiday with food and drink specials to mark the occasion. One local favorite, El Cerro Grande, promises an “epic fiesta” at each of their three locations. Many chain restaurants are also marking the occasion: Taco Bell® will reportedly be giving out free breakfast food, while Moe’s Southwest Grill® will be giving away t-shirts. Restaurant-goers are sure to see specials aplenty on margaritas, tequila, and cervezas; sombreros may or may not be optional.

With alcohol such a big part of many people’s Cinco de Mayo festivities, it’s no surprise that drunk driving is especially high on “Cinco de Mayo”.  At Collins Law Firm, we have over 20 years experience handling DWI/DUI’s and other criminal and traffic matters. If you or someone you know is charged with a crime or gets hurt during the celebration, please call our office at (910) 793-9000 for your confidential consultation.

By Rebekka Sekeres, Legal Assistant at Collins Law Firm

The first Thanksgiving was celebrated in 1621 to commemorate a bountiful harvest in the Plymouth Colony. Americans have kept that tradition alive throughout the years, gathering with friends and family on the fourth Thursday of November to eat, drink, watch football, and of course, stay up all night to get the best deals on holiday shopping. While the meaning behind this holiday has remained the same over the years- to celebrate the things we have to be thankful for- the Colonists and Native Americans did not encounter two issues that Thanksgiving and the holiday season bring us today- an increase in traffic and an increase in drinking and driving.

According to AAA, this turkey day is going to be a busy one for travel.  More than 43 million Americans will travel at least 50 miles over the Thanksgiving holiday period and 90% of travelers will be driving to their Thanksgiving destination. That means congested highways, frustrated drivers, and vigilant law enforcement.

Help ease your travel woes this Thanksgiving by following a few simple guidelines:
•    Considering traveling on a less busy travel day-the Wednesday before and the Sunday after Thanksgiving are the two worst.
•     Don’t give into the temptation to speed. It won’t get you there much faster and it can lead to a ticket or worse, a collision.
•    Wear your seat belt: Police will also be looking for seat belt violators and wearing your seat belt during an accident may mean the difference between life and death.
•    Don’t text and drive. Taking your eyes off the road for just a second or two can have tragic consequences.
•    Understand that traffic will be heavy and don’t let your frustrations tempt you to take chances. Keep your family’s safety your number one priority.

The night before Thanksgiving is also one of the busiest bar nights of the year, combined with the high number of travelers on the road, can have tragic consequences. This may be why Thanksgiving has the most drunk driving related fatalities of any other holiday. Law enforcement will be on high alert, in an effort to keep citizens safe.  Don’t put yourself at risk of getting a DUI/DWI or worse, harming yourself or others in an alcohol related accident.

Go ahead and stuff yourself with turkey and pumpkin pie, have a few drinks and be merry. But please, take your time in the holiday traffic and if you drink, don’t drive- take a cab or have a designated driver. Remember, if you do receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this holiday season, call us at (910) 793-9000(910) 793-9000. Stay safe Wilmington!

By Lauren Seidel, Paralegal

Every year, many people start off the New Year facing the consequences and expense of a DWI/DUI arrest.  Unfortunately, holiday festivities often even take a deadly turn when a person chooses to drink alcohol and then get behind the wheel.

In an effort to remove impaired drivers from the roads, State Transportation Secretary Gene Conti announced on December 2, 2011 that state and local law enforcement officers will be out in force as part of the Holiday “Booze It & Lose It” campaign.  Checkpoints and stepped-up patrols will be conducted through Monday, January 2, 2012 across North Carolina.  This means that an increased police presence is to be expected.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, 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.

By Jana Collins, Office Manager

The Fourth of July celebration is commonly associated with fireworks, parades, hot dogs, picnics, and other parties.  Also, it is a day where many Americans will be consuming alcohol.

As North Carolinians across the state flock to the Southeastern North Carolina coast to celebrate the 4^th of July Weekend, the state has begun “Booze It & Lose It: Operation Firecracker” to deter drunk drivers across the entire state and remove impaired drivers from the roads.  Operation Firecracker began Monday, June 27, and continues through Monday, July 4.

Operation Firecracker is conducted by the North Carolina Department of Transportation and it coordinates the Highway Patrol, sheriff’s offices and police departments.  During this period there will be additional checkpoints and stepped up patrols that will be conducted across the state.

The Fourth of July holiday is considered one of the deadliest for highway travel.  In 2010, according to the North Carolina Department of Transportation, there were 205 alcohol-related automobile accidents during the Independence holiday, which resulted in six deaths.  Additionally, alcohol-related crashes also accounted for 105 injuries in the state during the same week last year.  During the 2010 “Booze It & Lose it: Operation Firecracker” campaign officers conducted more than 4,600 patrols and checkpoints, which resulted in more than 1,200 North Carolina motorists being charged with driving while impaired.

This means there will be an increased police presence at the beaches in Pender, New Hanover, and Brunswick Counties.  The beaches that will be affected will be Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, 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.

According to news reports, more than 200 people were cited for crimes or arrested during the 2011 North Carolina Azalea Festival.  WECT (the NBC television affiliate in Wilmington) cited Division of Alcohol Law Enforcement as the source of that report.  They said that the charges ranged from drug trafficking to underage drinking, fake identification (fake ID), and carrying concealed weapons without a permit.  The story stated that:  ALE states 269 charges were made on 218 people, including 17 fake identification violations, 53 charges of possession of alcoholic beverages by an underage person, 36 drug charges including trafficking in opium, and carrying a concealed weapon without a permit.  ALE also tested local businesses for selling alcohol to minors.  The WECT story also said that the NC Highway Patrol also conducted two DWI checkpoints during the Azalea Festival due to the large influx of tourists.  The story said that First Sgt. Troy Pope with Highway Patrol reported that a total of 68 people were cited for DWI, while 498 people were cited for other violations.
The Star News (the main news paper in Wilmington NC) reported that the N.C. Highway Patrol had arrested 68 people for driving while intoxicated (DWI / DUI) Saturday and Sunday morning at checkpoints, according to Sgt. Matt Hardee.  Sgt. Hardee said that “Booze It and Lose It” checkpoints were set up on Martin Luther King Drive and on U.S. 74/76.  According to the story, Sgt. Hardee also said that the arrests bring the total number of DWI arrests to over 2000 since January, 2010, and 276 in just this year in New Hanover and Brunswick counties.
When a law enforcement office arrests a person for DWI, there are legal procedures that must be followed, and if the requirements are not met, and if challenged, it can result in the acquittal (a finding of not guilty or a dismissal of the charge) of the accused.
We always counsel people against drunk driving, which is a very serious crime.  But if you have been accused of any crime, Collins Law Firm can help.  We are available 24/7 by appointment.  If you have been accused of a crime, call us for a consultation at:  910-793-9000.

This weekend, April 6-10, 2011, is the 64th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.
This year the festival includes a concert by the Avett Brothers!  The Avett Brothers is a folk rock band from Concord, North Carolina, comprised up of brothers Scott Avett and Seth Avett, who play the banjo and guitar respectively, and Bob Crawford who plays the stand-up bass.  When tickets went on sale for this show, they sold out within days.  The Avett brothers have quite a loyal following, and many people from around the Southeast will be coming to the Azalea Festival for the first time to see the show.
The Festival also includes the 127th annual Cole Bros. Circus of the Stars. The name refers to its dome interior which replicates a celestial nighttime sky. Billed as “the world’s largest circus under the big top,” the circus boasts costumed characters, acrobatics, death-defying stunts and an international cast of entertainers with their trained and exotic animals. However, the circus comes with some controversy.  According to bornfreeusa.org, the Cole Brothers Circus has failed to meet minimal federal standards for the care of animals used in exhibition as established in the Animal Welfare Act (AWA). The United States Department of Agriculture (USDA) has cited Cole Bros. Circus numerous times for failure to provide veterinary care, adequate shelter from the elements, and proper food and water, as well as failure to handle animals in a manner that prevents trauma and harm and ensures public safety.  In past years, protesters have greeted patrons at the entrance of the parking lots with pictures of animal cruelty related to the circus.  This year, the protesters will also likely be back.
While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and 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 i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.
If you are charged with any type of crime in our area, call Collins Law Firm at 910-793-9000 for a 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.