As Memorial Day approaches in the Wilmington, NC area, the usual excitement and preparation for a holiday weekend has been replaced by uncertainty and frustration.

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

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

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

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

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

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

By Karen M. Thompson, Paralegal

Memorial Day is right around the corner, and for those of us near the coast, this means considerably higher traffic along our thoroughfares as vacationers flock to the beach for the holiday weekend. Ranking as one of the top ten most visited states for domestic travel, NC commonly experiences increased roadway congestion. What this weekend should also remind us of, however, is the extreme importance of automobile safety as our loved ones submit themselves to the mercy of their fellow drivers among our state’s highways. This sentiment is echoed by Governor Pat McCrory, who has officially declared May Seat Belt Safety Awareness Month. At 42% percent, almost half of passenger vehicle fatalities last year can be attributed to drivers or passengers not wearing seat belts.

To this end, the Governor’s Highways Safety Program features the continuance of the State’s “Click it or Ticket” campaign intended to increase seat belt usage by raising awareness of NC’s strict seat belt policies: charging up to $179 in fines per ticket and even up to $263 per passengers 15 and under not wearing their seat belt. The initiative also features the increased likelihood of police checkpoints on the roads intended to make sure drivers are buckling up.

On the other hand, for drivers leaving the coastal area, here are a few helpful pieces of traffic information courtesy of the North Carolina Department of Transportation to expedite your commute:

• N.C. 42 will have a signed detour, road closure and bridge replacement east and west of Ahoskie Creek in Hertford County.
• N.C. 94 will have a road closure and bridge construction on Elementary School Road at U.S. 64 in Tyrrell County.
• U.S. 158 will have two-lane two-way traffic on the Pasquotank River Bridge in Pasquotank County.
• I-85 will have lane closures in both the northbound and southbound lanes traffic between the Virginia line and the town of Henderson. The pattern affects traffic in Vance and Granville counties.
• U.S. 23/74 will have a bridge replacement in Jackson County.
• N.C. 294 will have portable traffic signals in Cherokee County.

As always, remember to start your commute early in the day to avoid peak traffic hours, obey the posted speed limits, never drive when feeling tired or drowsy, and needless to say, buckle up!

Have a great Holiday weekend, and stay out of trouble; but if you do find yourself in need of representation or know someone else who does, be sure to give us a call at Collins Law Firm (910) 793-9000.

By Clifford Howie, Legal Assistant

As a prelude to this text, please keep in mind that we are referencing DWIs currently eligible for expunction (i.e., those convicted of a DWI that were released from supervision 15 or more years ago) under N.C.G.S. § 15A-145.5.

The window of opportunity for having your DWI conviction expunged is closing fast! Under S.L. 2015-150, DWIs will no longer be eligible for expunction in North Carolina as of December 1, 2015. Whether you plan to file a new petition or you have a petition pending, as of December 1st there will be no questions as to whether your request for DWI expungement will be granted or denied.

Interestingly enough, it will be exactly 3 years on December 1, 2015 since North Carolina passed a law permitting the expungement of DWIs, under N.C.G.S. § 15A-145.5—certainly not much time to have your DWI expunged!

We’ve mentioned in previous posts the severity of DWI consequences in North Carolina. If you or someone you know was released from DWI supervision 15 or more years ago, please call us at 910-793-9000 to discuss your expungement eligibility. Here at Collins Law Firm, time is of the essence! Call us today to schedule a consultation.

By Amber Younce, Legal Assistant

With an improved economy and gas prices at a five year low, we will experience an increase in Thanksgiving travel this year.  AAA Carolinas expects the increase to be of more than 4 percent compared to Thanksgiving of 2013.

Travel however will be impacted by a major winter storm which will initially spread heavy rain and embedded thunderstorms across the Florida peninsula but will move north and northeast, paralleling the east coast beginning Tuesday night.

Therefore, in order to ensure safe travel, we should be aware of the road rules.  Besides the requirements to follow the speed limit, wear your seatbelt, and burn your headlights, there are some more rules which appear not to be known so well:

• The Fender Bender Law

Pursuant to N.C.G.S. § 20-161 motorists are required to move their vehicles to the shoulder of the road following a minor, non-injury crash.  The failure to do so could result in a $110 fine and court costs.

• The Move over Law

Pursuant to N.C.G.S. § 20-157 motorists are required to:

• Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until it is safe to clear the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
• Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

A failure to obey by this law could result in a $500 fine.

• The Keep Right  Law

Pursuant to N.C.G.S. §20-146(b) vehicles traveling a multi-lane roadway 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 driver’s license points pursuant to N.C.G.S. §20-16 (c), or 3 driver’s license points if the violation occurred during the operation of a commercial motor vehicle.

• Cellphone Use by Drivers Younger than 18

Pursuant to N.C.G.S. §20-11 drivers under the age of 18 may not use a cellphone when operating a motor vehicle except in case of an emergency to call 9-1-1.  Violators may have to pay a $25 fine.

• Texting While Driving

Pursuant to N.C.G.S. § 20-137.4A motorists are prohibited from using their mobile telephone for text messaging or electronic mail.  A violation of this law may result in a $100 fine.

We wish you all safe travel and Happy Thanksgiving!

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana Collins

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

On August 12, 2013, United States Attorney General Eric Holder announced to the American Bar Association’s House of Delegates in San Francisco, an initiative to curb mandatory minimum drug sentences that the nation is “coldly efficient in jailing criminals,” but it “cannot prosecute or incarcerate” into becoming a safer country.  “Too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” Holder said .  The arguments about legalization of drugs in the US include health and social problems, potential tax revenue, and public safety concerns.  However, this speech by our Attorney General focused on alleviating an overburdened prison system housing non-violent people convicted and sentenced to very long prison terms for peaceful drug crimes.  Regarding the debate over legalization, the nation has moved from the question of “if” to the more tangible question of “how,” said Beau Kilmer, co-director of the RAND Drug Policy Research Center and co-author of “Marijuana Legalization: What Everyone Needs to Know.”

A Pew Research Center poll in 1969 indicated that 12% of Americans supported the legalization of marijuana, and the same study estimated that at that time, four in 100 Americans had recently smoked marijuana. In 2013, a Gallup poll found that the number of Americans supporting legalization had risen to almost 50%.  In recent years, 20 states plus the District of Columbia have legalized medical marijuana.  Colorado and Washington State have legalized marijuana for recreational use.  Oregon is likely to do so in the near future. According to the National Organization for the Reform of Marijuana Laws (NORMAL), sixteen States have decriminalized possession of small quantities of marijuana beginning in the early 1970’s.

Recently the National Institute on Drug Abuse (NIDA) has begun to comment on increasing sentiment of Americans for the legalization or at the least liberalization of marijuana laws.  In response to a campaign by the Marijuana Policy Project, which stated that marijuana is “less toxic” than alcohol, NIDA said that:  “Claiming that marijuana is less toxic than alcohol cannot be substantiated since each possess their own unique set of risks and consequences for a given individual.” PolitiFact, which fact-checks claims made by politicians and special interest groups agreed that the claim that marijuana is less toxic than alcohol was “mostly true.”  They quoted studies from the Centers for Disease Control’s (CDC) National Center for Health Statistics which revealed that more than 41,000 deaths were tied to alcohol in 2010, while zero were reportedly linked to marijuana. In addition, the CDC lists “1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking.”  None were reported due to excessive marijuana use.

Mark Kleiman is a UCLA public policy professor who has been asked by government officials to help fashion the legal framework for Washington’s recreational marijuana business.  He said about Arkansas’ recent medical marijuana vote which failed by a close 51% to 49% vote:  “When 49% of voters in Arkansas are voting for legal pot, we aren’t in Kansas anymore.”

However, President Barack Obama’s drug czar, Gil Kerlikowske, was quoted in 2010 as saying that the push towards legalizing marijuana was a “nonstarter.”  The Office of National Drug Control Policy indicates that his statement holds true today.  But at the same time, the Office of National Drug Control Policy emphasizes that the administration’s 2013 drug policy takes a new tack with the realization that America can’t arrest its way out of its longtime drug epidemic.  The Administration’s new policy, announced in April, favors “prevention over incarceration, science over dogma and diversion for nonviolent offenders.” And they continue to say that arguments for marijuana legalization “run counter to public health and safety concerns.”

Meanwhile the federal government’s stand is moving slowly, the states are expected to continue leading the movement towards legalization. Alaska will likely put a complete legalization ballot before voters next year, and Maine, Rhode Island, California and Oregon may give voters the option in 2016.  “I think a lot’s going to depend on how legalization plays out in Colorado and Washington — also, how the federal government responds,” Kilmer said. “We still haven’t heard how they’re going to address commercial production facilities in those states.”  The next White House administration could take a harsher stance against the state’s movement towards legalization.  One thing is clear – the nation is a lot closer to the repeal of prohibition of marijuana than it has been in many decades.

This wave of changes in our country does not diminish the fact that possession of marijuana is still illegal in North Carolina – a misdemeanor for less than an once and a half, and a felony for quantities greater than an once and a half.  If you are charged with the illegal possession of any drug, or other contraband in or around the Wilmington NC area, call Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation about how we can help.

Job security is always an aspect to consider when choosing a job or career path, especially with a sloping economy. Economists are predicting that over the next fifteen years certain jobs in the medical field such as nurses and nursing assistants will become in short supply, which will increase the demand for such jobs. There are many different certifications and licenses you may receive within this targeted medical field such as becoming a registered nurse, a certified nursing assistant, a licensed practical nurse, along with many more. Persons in the health care field have a very emotional job as they work with those who are sick and ill. As they work with those, who many times cannot take care of themselves, sometimes questions and allegations arise as they help others’ loved ones.

In the State of North Carolina, the Department of Health and Human Services has created a Registry to help monitor any accusations that may arise regarding a discrepancy. The creation of the registry can be found in NC General Statute Section 131E-256 – Health Care Personnel Registry, where it states that:

(a)       The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities in North Carolina who have:

(1)       Been subject to findings by the Department of:

a.        Neglect or abuse of a resident in a health care facility or a person to whom home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

b.        Misappropriation of the property of a resident in a health care facility, as defined in subsection (b) of this section including places where home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

c.        Misappropriation of the property of a health care facility.

d.        Diversion of drugs belonging to a health care facility.

d1.      Diversion of drugs belonging to a patient or client of the health care facility.

e.        Fraud against a health care facility.

e1.      Fraud against a patient or client for whom the employee is providing services.

(2)       Been accused of any of the acts listed in subdivision (1) of this subsection, but only after the Department has screened the allegation and determined that an investigation is required.

The Health Care Registry can be located on the website of The N.C. Department of Health and Human Services Division.
If a person within the health care field finds their name placed upon the Registry then it will hinder their career drastically! Within NC General Statute 131E-256 it states: “ Before hiring health care personnel into a health care facility or service, every employer at a health care facility shall access the Health Care Personnel Registry and shall note each incident of access in the appropriate business files.” This dictates that health care agencies will check the registry prior before hiring new employees.

However, it is possible that your name could be wrongfully placed upon the registry. If this is the case then you can file for an administrative hearing to contest the listing, “ Health care personnel who wish to contest findings under subdivision (a)(1) of this section are entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice of the Department’s intent to place its findings about the person in the Health Care Personnel Registry.”

If the Department indeed discloses a finding then it is possible to have it removed, “ Health care personnel who wish to contest a decision by the Department to deny a removal of a single finding of neglect from the Health Care Personnel Registry under subdivision (1a) of subsection (i) of this section are entitled to an administrative hearing under Chapter 150B of the General Statutes. A petition for a contested case hearing shall be filed within 30 days of the mailing of the written notice of the Department’s denial of a removal of a finding of neglect.”

Rachel R. Reynolds, Paralegal

The Wilmington Star News recently reported that there are additional precautions in place for this year’s annual Fourth of July bash on Masonboro Island which will be focused on public safety. However, Richard Johnson founder of Masonboro.org, which is a volunteer organization dedicated to protect public access to the island, says as conservationists their group has solved the problem of leftover trash – by assuming responsibility for removing it.  Mr. Johnson said that the “amount of trash we picked up two years ago was 2,500 pounds. Last year, it was 4,000. . . . I don’t like it, but if the party is going to be there and the trash is going to be left behind, Masonboro.org is going to be there to clean it up.”

Trash and beer cans left on the island is the most visible remnant of the party, according to the Wilmington Star News (the Star News).  The annual event draws hundreds of revelers to the island each year. The Star News reported that many get to the festivities by hitching rides on boats with people they don’t know and are left stranded on the island after the party, with no way back to the mainland. Last year, nearly 1,500 people came to party, resulting in a handful of drunken fistfights and more than 130 injuries requiring medical attention.

Wilmington Star News reported that David Cignotti, mayor of Wrightsville Beach said:  “It’s important that all the agencies talk and coordinate, and that’s what we’ve attempted to do. . . . Adding additional police protection there will probably help temper some folks and some of their activities. We’re going to be getting out early, because a lot of folks will get picked up on Wrightsville Beach and transported over, and we’re going to crack down on that activity. . . .  To take money and take people over there, you need a business license from the town, and you should not be using our public parks to take people over there.”

If the stepped up preventative efforts fail to alleviate the problems despite the outreach efforts and increased security, state agencies may pursue other control measures. Masonboro.org members have bristled at the possibility of new regulations for reserve sites that could change the way residents are able to use the island, saying that people who visit the shore responsibly shouldn’t be punished for the antics of out-of-towners occurring on one day each year.  Collins Law Firm agrees. “We heard resoundingly from our membership that they felt they shouldn’t be penalized,” Johnson said. “We really are pretty passionate about keeping things the way they are.”

The local paper at Wrightsville Beach, The Lumina News reported that water taxis transporting revelers to Masonboro Island for the Fourth of July will be under increased scrutiny this year as the Wrightsville Beach Police Department hopes to eradicate private individuals from operating illegal water taxis.

The Lumina News reported that in the past, Wrightsville Beach Police Chief Dan House said that “when boaters offer to carry passengers to and from private and public docks around Wrightsville Beach to Masonboro Island in exchange for money it contributes to the issues on both islands . . . [and] that he thinks the situation will be better managed than last year. . . . That bleed-over that we get from Masonboro is what we are trying to shut down. . . . [p]eople come back over here, usually drunk and causing problems so we are going to really focus on the water taxis.”

Wrightsville Beach Town Manager Tim Owens indicated that the Town has not issued any business licenses for water taxis anyone operating a taxi will be in violation of a town ordinance. Also the United States Coast Guard could charge operators in violation with federal law if they don’t have a captain’s license. Chief House reportedly said that his officers did not begin patrolling the docks and actively searching for water taxis until around 11 a.m. after which time many partiers had already been ferried to the island.

The Lumina News reported that this year a command center will be set up at the United States Coast Guard Station at Wrightsville Beach comprised of representatives from the Wrightsville Beach Police Department, the Wrightsville Beach Fire Department, the Wrightsville Beach Ocean Rescue, the Wilmington Police Department, the New Hanover County Sheriff’s Office, the New Hanover County Emergency Management, the New Hanover County Fire Department and the New Hanover Regional Emergency Medical Services. From the command center, Chief House indicated that all organizations involved would be able to more effectively deal with unruly situations that may arise on Masonboro Island.

Chief House also said that on the Wrightsville Beach strand, he expects more citations for alcohol and glass on the beach to be issued. The Lumina News wrote that Chief House said due to the increased signage indicating the prohibition of glass and other banned substances: “There is no way anyone can walk out on the beach without seeing it,” he said. “If they come from a private residence they could say that but … we are going to be reluctant to uphold any appeals if their excuse is, ‘I didn’t know.’”

Illegal fireworks are also a typical issue for law enforcement to deal with on the Fourth of July evenings. Chief House said that this year his department would be working with officers from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District Attorney’s office to increase law enforcement to stop the use of such fireworks on the Fourth of July.   The Lumina News reported that Chief House said “Our policy in the past has been to go over there, ask whose fireworks they are and nine times out of 10 nobody claims them so we seize them, because they are illegal, and turn everything over to ATF,” he said. “There are certain areas we know have fireworks on the island that we have had problems with; and we have already spoken with either the homeowners or businesses and let them know … just to give them a fair warning so hopefully it will go better than it has in the past.”

The Fourth of July is America’s Birthday.  On July 4th, 1776, our founding fathers formally executed the Declaration of Independence, which formally declared the revolt and refusal to submit to the abusive exercise of authority of our previous supreme ruler:  Great Britain.  The Declaration of Independence in its conclusion proclaimed:  We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Today’s events are part of our country’s celebration of the founding of our country.  Today is the 237th anniversary of the our Declaration of Independence from Great Britain.

In response to the recent reports of dramatically increased efforts by law enforcement and other organizations to put an end to the rowdy celebrations on Masonboro Island during, and presumably more specifically to the threat of imposition of regulations restricting access to the island, Richard Johnson, the founder of Masonboro.org, wrote a letter to the editor of the Wilmington Star News which was published in late June, 2013.  Here is a reprint of Mr. Johnson’s letter the editor:

In the recent article about officials cracking down on the annual island bash, state officials made some key points that could shape public opinion. Unfortunately, these points were just not true. The first one states that the party wreaks havoc on the island … not true. The party takes place on a small spit of land on the north end that represents less than .01 percent of the island. The second point mentions heaps of trash scooped up the next day by Coastal Reserve staff members. For the last three years, Masonboro.org has handed out trash bags and removed trash during the party. When the party is over, the trash is gone. There are no huge piles of trash left behind. Last year over 50 Masonboro.org members – with the help of Waste Management – removed and recycled 4,000 pounds of trash. I am also skeptical about the mention of 130 injuries. Our volunteers only saw a handful of people seeking out medical attention. Most of these were from stepping on oyster shells.  Finally, we take issue with the statement: “This is the last place this type of activity should be occurring.” While we are not a big fan of the party, we are passionate about keeping the island open to the public. The overwhelming majority of the kids over there behave as good citizens. Those who break a law while on the island should be removed and arrested.  When state officials present misleading facts that could shape public opinion against public access, it is an injustice to all the people who use the island responsibly all year long.  By:  Richard Johnson, Wilmington

Collins Law Firm supports the efforts of Masonboro.org, and encourages everyone to behave and party responsibly and safely not only on the Fourth of July, but always.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

The New Hanover County Courthouse located in Wilmington, NC is closed today, Thursday March 8, 2012, because of an infestation of bed bugs! Courthouse personnel said they noticed some bed bugs in the building and notified the New Hanover County division of Property Management.

Bed bugs have been a human parasite for thousands of years. In the 1940s, bedbugs were mostly eradicated in the developed world.  However, since the mid1990’s, bedbugs have increased in numbers Infestation of human habitats has been increasing, and bed bug bites and the effects thereof have been increasing as well.

An exterminator is scheduled to try to kill all of the pests today by fumigating the building .  We have learned that other facilities will be used for court business with urgency.  Emergency protective orders and civil filings will be handled at the Juvenile Clerk’s Office located at 133 North Fourth Street, Superior Court will be relocated to the Old Courthouse located next door to the main courthouse at 24 North Third Street, and warrants can be sworn out at the New Hanover County Sheriff’s Office on Blue Clay Road.  Jerome Fennell, Director of NHC Property Management, said that “County staff are working closely with exterminators to ensure the facility will be ready for normal operations on Friday.” Whether they will be successful remains to be seen.  Samantha Dooies, assistant to District Attorney Ben David said that blood-sucking bed bugs can be very difficult to eradicate.

An announcement is expected later today about the success of the eradication efforts.  The staff and attorneys at Collins Law Firm certainly hope that those working on the problem are thorough and successful!  The courthouse is full of hardworking people who already have a hard enough time getting all their responsibilities fulfilled, and they need a clean and safe workplace, and they don’t need further delays.  Good luck and successful exterminating to everyone working on the problem!

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.