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Browsing Post with the Tag: impaired driving

Thanksgiving 2023

Thursday, November 16th, 2023

Thanksgiving has been celebrated since 1621.  Throughout the years, Americans have kept that tradition alive to celebrate the bountiful blessings of the past year.  Traditionally, Thanksgiving is celebrated by gathering with friends and family to enjoy good food, drink, and watch football.  Celebrations take place each year on the fourth Thursday of November. 

Millions are expected to travel by car to celebrate with family and friends near or far.  This makes Thanksgiving one of the busiest travel times of the year.   With so many people on the roads and the fact that Thanksgiving celebrations often involve alcohol consumption which is a huge contributor to motor-vehicle crashes, the National Safety Council (NSC) estimates that during this year’s Thanksgiving holiday travel, 507 people may die.

The North Carolina State Highway Patrol will therefore increase patrols in an attempt to deter dangerous driving such as speeding, distracted driving, or impaired driving.

Please consider the following when you travel:

•    Use less busy travel days – the Wednesday before and the Sunday after Thanksgiving are the two busiest days.

•     Do not speed – speeding won’t get you there much faster and it can lead to a ticket or worse, a collision.

•    Wear your seat belt.  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 and your family’s safety your number one priority.

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

4th of July Weekend & Public Safety

Friday, June 30th, 2023

The Fourth of July weekend is a time of celebration and joy in the United States, as citizens
come together to commemorate their nation’s independence. However, amidst the festivities, it is
crucial to acknowledge the role played by police officers in maintaining law and order during
this time. Police departments across the country adopt a strict approach to ensure public safety,
handling increased traffic, crowd management, and enforcing regulations related to fireworks
and alcohol consumption.


Maintaining Public Safety:
The primary responsibility of police officers is to uphold public safety, and this duty becomes
even more critical during holidays with heightened celebrations like the Fourth of July. The
influx of people attending parades, firework displays, and outdoor gatherings necessitates
increased police presence to prevent potential disruptions, control unruly behavior, and respond
to emergencies promptly. By being present and vigilant, police officers deter criminal activity,
promote a sense of security, and ensure that citizens can enjoy the festivities without fear.


Traffic Management:
The Fourth of July weekend witnesses a surge in vehicular traffic as families and friends embark
on road trips and outings. The increased traffic volume poses a significant challenge, requiring
police officers to take on the responsibility of managing and regulating traffic flow. By directing
traffic, enforcing speed limits, and monitoring impaired driving, officers strive to minimize
accidents, maintain smooth traffic patterns, and protect the lives of motorists and pedestrians
alike. Their presence on the roads during this period is essential to prevent accidents and provide
timely assistance if incidents occur.


Crowd Control:
Public celebrations on the Fourth of July often draw large crowds, congregating in parks, public
spaces, and event venues. Police officers play a crucial role in ensuring crowd control to prevent
any potential disorderly conduct or conflicts that could jeopardize public safety. They are trained
in crowd management techniques, including maintaining order, diffusing tense situations, and
facilitating the smooth movement of people. The presence of police officers in such gatherings
acts as a deterrent to any disruptive behavior, allowing individuals to celebrate responsibly and
peacefully.


Regulation Enforcement:
Fireworks and alcohol are often integral components of Fourth of July celebrations. However,
the misuse and improper handling of these substances can lead to accidents, injuries, and
property damage. Police officers are entrusted with enforcing regulations related to fireworks
displays, including licensing requirements, safety guidelines, and time restrictions. By
monitoring the sale, possession, and use of fireworks, officers seek to prevent accidents and
protect the well-being of the public.


Additionally, the consumption of alcohol during celebrations increases the risk of impaired
driving, public disturbances, and altercations. Police officers conduct sobriety checkpoints and
enforce laws related to driving under the influence to ensure road safety and reduce the potential
for accidents. By enforcing regulations on alcohol consumption and conducting preventative
measures, police officers strive to create a safer environment for everyone during the holiday.
During the Fourth of July weekend, police officers demonstrate strict vigilance to maintain
public safety, manage traffic, control crowds, and enforce regulations. Their presence and
proactive efforts contribute to the smooth conduct of celebrations and safeguard the well-being
of citizens. By upholding the principles of law and order, police officers enable individuals to
celebrate their nation’s independence in a secure and peaceful environment. As we appreciate the
festivities and come together as a community, let us acknowledge and respect the dedication of
these officers who work tirelessly to ensure a safe and enjoyable Fourth of July for all.


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 Gordan, Legal Assistant

Labor Day Weekend 2019

Friday, August 30th, 2019

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

2015 Labor Day Weekend

Friday, September 4th, 2015

Labor DayIt’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

Holiday Season – Booze It & Lose It

Tuesday, December 18th, 2012

The holiday season is in full swing and so is the North Carolina “Booze It & Lose It” Campaign, created by State Transportation Secretary Gene Conti in an effort to remove impaired drivers from the road and keep our citizens safe. Checkpoints and increased patrol began on December 6th and will continue through January 2, 2013, to help reduce the rising number of alcohol related crashes, injuries and fatalities state wide.

Driving while under the influence is a violation of North Carolina General Statute § 20-138.1

N.C.G.S. § 20-138.1.  Impaired driving.
(a)        Offense. – 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.
(a1)      A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

Last year, 3,600 North Carolina Drivers were charged with DUI / DWI during the month long holiday campaign and that number is expected to increase this year. Not only does drinking and driving put you at risk of getting arrested at a checkpoint or during a traffic stop, it puts your life and the lives of others in danger.  In fact, drunk drivers with a blood alcohol concentration (BAC) of 0.08, the legal limit, are 11 times more likely than a sober driver to be in a motor vehicle accident. This likelihood increases with the increase of the BAC level.  With odds like that, why risk it?

In 2011, there were more than 950 alcohol related crashes in North Carolina during the “Booze It & Lose It” Campaign spanning from December 3rd – January 3rd. Those 950 crashes resulted in 44 fatalities and 702 injuries- some of which were innocent victims and not the drunk driver themselves.

If you find yourself questioning weather you had too much eggnog at your office holiday party, don’t risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab or have a sober friend take you home.  If you or someone you know have any legal needs this holiday season call Collins Law Firm at (910) 793- 9000(910) 793- 9000.

By Lauren Seidel, Paralegal

Court Costs – New Impaired Driving Fee

Thursday, December 1st, 2011

Effective for offenses committed on or after December 1, 2011 the General Assembly of the State of North Carolina has enacted a new, additional court cost specific to impaired driving offenses, which took effect on December 1, 2011.

Unlike most changes to court costs which were enacted during the past years and which typically took effect for costs assessed or collected on or after the effective date of the enacting legislation, this cost applies only to convictions for offenses committed on or after December 1, 2011. The fee may not be assessed for offenses committed prior to that date.

The new fee of $100 is to be assessed in addition to all other costs applicable to the case; it does not replace any other costs. E.g., it is assessed in addition to the Chapter 20 fee of G.S. 7A-304(a)(4b), not in lieu of it. The cost is to be assessed only upon conviction, so the fee should not be assessed unless the defendant is convicted of one of the following offenses:  Impaired driving, G.S. 20-138.1; Impaired driving in commercial vehicle, G.S. 20-138.2; Operating a commercial vehicle after consuming alcohol (second or subsequent convictions, only), G.S. 20-138.2A; and Operating a school bus, activity bus, or child care vehicle after consuming alcohol (second or subsequent convictions, only), G.S. 20-138.2B.

Because it is a court cost under G.S. 7A-304, waiver of this fee requires that the court make a finding of just cause for the waiver, pursuant to G.S 7A-304(a).

Collins Law Firm regularly represents people charged with impaired driving offenses with court appearances in New Hanover, Pender, and Brunswick County.  If you were charged, you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

By Jana Collins, Office Manager

Memorial Day Weekend

Wednesday, June 1st, 2011

Americans were not discouraged by high gas prices, which at $3.77 a gallon was one dollar a gallon higher compared to last year, and took to the road this past weekend in enormous numbers to celebrate Memorial Day Weekend.  According to a  AAA report 34.9 million travelers journeyed at least 50 miles from home, which was an increase of 100,000 travelers compared to the same weekend last year.  The report declared that 41 percent of the people traveling in the South Atlantic region went to a beach.

In North Carolina that meant that people came to our beautiful beaches up and down the coast.  North Carolinians spent the holiday weekend at the beaches in Pender County, New Hanover County, and Brunswick County.  The beaches in our area that saw a dramatic rise in population this past weekend was Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

The increase in driving led to more dangerous conditions on the roads.  The roadways going to and from the beaches had many traffic jams because so many people descended on the beaches in our part of the state.  In addition to more cars clogging the roads, people were more likely to be drinking and driving.  The North Carolina Highway Patrol announced that at least nine motorists died during the Memorial Day Weekend.  Last year, eleven motorists died and 358 people were injured in car accidents.

The Star News (Major newspaper in Wilmington, NC) published before the holiday weekend that the Wilmington Police Department would host a multi-agency traffic checking station on Sunday afternoon and evenings.  Officers involved in the operation will target impaired driving as well as underage possession of alcohol, open containers of alcohol, or failure to use seatbelts.  It is highly recommended to find experienced attorneys or lawyers to help you if you were caught in one of these checkpoints.

If you were hurt in a car accident, or you were charged with any crime or issued a traffic citation during the Memorial Day Weekend in or around Wilmington, NC scheduled for court in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC), you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

Labor Day Weekend

Friday, September 3rd, 2010

Wilmington Traffic | Source: WWAYTV3.com

Hurricane Earl has passed our area, and thankfully without inflicting much serious damage to our area.

Now we are heading into a busy Labor Day weekend. The American Automobile Association (AAA) is predicting a 10% increase in travelers on the road this year over last year. They predict that about 34.4 million people are likely to take trips of at least 50 miles.

That means that everyone needs to take greater precautions and plan for heavier traffic and slower travel paces. Law enforcement is likely to be stepped up this weekend and many people will likely receive speeding tickets or other traffic citations, and there are likely to be more accidents on the road than on non-holiday weekends. There are also likely to be impaired drivers and boaters who will receive DWI/DUI’s and BWI/BUI’s (boating while impaired/under the influence).

Anyone who receives a ticket or other criminal charges, or who is involved in an accident can call Collins Law Firm for a consultation about what we can do to help. We have been serving Southeastern North Carolina around the Wilmington, NC area for over ten years, representing people charged with traffic tickets or other criminal charges and people injured in traffic accidents or crashes.

Please be safe and have a wonderful weekend!

Collins Law Firm

What to Do if Stopped by Law Enforcement While Driving

Friday, August 20th, 2010

We would like to offer some advice on what to do if you are stopped by a law enforcement officer while driving a motor vehicle.

If you are stopped by a law enforcement officer while driving, stop at the closest place where you can park and where it will be safe for the officer to approach your vehicle.  Then roll your window down, and put your hands on the steering wheel at the ten and two o’clock positions so the officer can see your hands.  This will help the officer see that you are unarmed and do not pose a threat.

You should always be polite and cooperative with law enforcement officers.  However, this does not mean that you must consent to a search or perform any roadside field sobriety tests if requested.  You also have a right to confer with an attorney even before your rights are read to you.

If you are suspected of impaired driving you may refuse the roadside field sobriety tests, but the refusal may be considered by a judge in a probable cause evaluation, though refusing the roadside tests will not cause a license revocation.  However, if you are placed under arrest for impaired driving and asked to submit to a chemical test of your breath or blood and refuse, your license can be revoked for that refusal.  The details of the revocations can be complicated.  For more information, call us any time.

Do not drive while impaired!  It is very dangerous and it is a very serious crime.  However, if you are stopped or arrested for impaired driving, you can call Collins Law Firm at (910) 793-9000(910) 793-9000 for legal advice and representation.