In North Carolina one may legally carry openly a gun without a permit if they meet the following requirements: they are at least 18 years of age, and have no felony convictions.  The open carry rule is restricted in certain sensitive locations such as educational properties, correctional institutions, state or federal buildings, or private businesses or properties that have posted “No Weapons” signs.

However, if one wants to carry a concealed gun, one needs to obtain a concealed carry permit.  The requirements for obtaining a concealed carry permit in North Carolina are as follows:

Age: Applicants must be at least 21 years old.

Residency: Applicants must be a resident of North Carolina for at least 30 days preceding the filing of the application.

Training: Completion of an approved handgun safety course within a specified time frame. The course typically covers firearm safety, marksmanship, and the laws regarding the permissible use of deadly force.

Criminal Background Check: Applicants are subject to a criminal background check by both state and federal agencies. Certain criminal convictions or pending charges may disqualify an individual from obtaining a permit.

Mental Health Records Check: Applicants must not have been adjudicated or administratively determined to be lacking mental capacity or mentally ill unless the adjudication or determination has been removed pursuant to law.

Good Moral Character: Applicants must be of good moral character. This typically means having no recent convictions for certain crimes, such as violent offenses or felonies.

Fingerprinting: Submission of fingerprints for a criminal history record check.

Application and Fee: Completion of the application form and payment of the required fee.

This blog explores the legal doctrines of contributory negligence and comparative negligence in the context of personal injury cases. Contributory negligence traditionally barred plaintiffs from recovering damages if they were found even slightly at fault for their injuries. In contrast, comparative negligence apportions damages based on each party’s degree of fault. The blog examines the evolution of these doctrines, their implications for plaintiffs and defendants, and the trends regarding their adoption in different states.

In the realm of personal injury law, questions of fault allocation are paramount. Two main doctrines have emerged to address this issue: contributory negligence and comparative negligence. While contributory negligence traditionally posed significant barriers to plaintiffs seeking compensation, comparative negligence offers a more nuanced approach to fault allocation. This blog delves into the intricacies of both doctrines, their historical development, contemporary application, and the states’ varying stances on their adoption.

Contributory negligence, rooted in common law principles, historically served as a harsh rule barring plaintiffs from recovery if they were found to have contributed to their injuries in any way. This doctrine, often criticized for its rigidity and potential for unjust outcomes, effectively shifted the entire burden of responsibility onto the plaintiff, regardless of the defendant’s negligence. Critics argued that contributory negligence failed to account for the proportional fault of each party and often led to inequitable results, particularly in cases where the plaintiff’s contribution to the injury was minor.

In response to the perceived injustices of contributory negligence, many jurisdictions began adopting comparative negligence systems. Comparative negligence allows for a more equitable distribution of fault by apportioning damages based on each party’s degree of negligence. Under this framework, plaintiffs may still recover damages even if they are partially at fault, with the damages reduced in proportion to their degree of fault. This approach aims to achieve a fairer allocation of responsibility and ensure that plaintiffs are not completely barred from recovery due to minor faults.

The adoption of comparative negligence varies significantly among states in the United States. Pure comparative negligence systems allow plaintiffs to recover damages regardless of their degree of fault, with damages reduced according to their level of responsibility. In contrast, modified comparative negligence systems bar recovery only if the plaintiff is found to be equally or more at fault than the defendant. States have implemented various thresholds for modified comparative negligence, with some jurisdictions adopting a 50% bar rule and others opting for a 51% bar rule.

Despite the widespread adoption of comparative negligence, very few states, such as North Carolina,  still adhere to contributory negligence principles. These states, often characterized by their adherence to traditional legal doctrines, maintain the strict rule that any contributory negligence on the part of the plaintiff completely bars recovery. Critics argue that this approach is antiquated and fails to account for the complexities of modern legal disputes.

The decision to adopt or retain contributory or comparative negligence often reflects broader legal philosophies within each state. States that prioritize individual responsibility and traditional legal principles may be more inclined to retain contributory negligence. On the other hand, states that prioritize fairness and equitable outcomes may opt for comparative negligence systems. Additionally, the legal and political climate, as well as historical precedent, play significant roles in shaping each state’s approach to fault allocation in personal injury cases.

If you or any of your friends or family members are injured in an accident, call us at Collins Law Firm at 910-793-9000 for a fee confidential consultation.

Over the last 25 years, there have been many changes to the expunction or expungement laws in North Carolina. Laws constantly change, and it is crucial to consult the latest legal resources, or seek advice from a legal professional, to get the most up-to-date information. The following is a general overview of how expunction laws have typically worked in North Carolina.

Expunction or expungement in North Carolina refers to the process of sealing or erasing a person’s criminal record under certain circumstances. The eligibility and criteria for expunction can vary based on the nature of the criminal charges, whether the person was convicted, and other factors.

Here is a general breakdown of how the laws regarding expunction in North Carolina have typically worked:

Expunction for Dismissed Charges:

1.            Expunction for Dismissed Charges: Individuals who have charges that were dismissed, acquitted, or where they were found not guilty are now eligible for expunction.

3.            In North Carolina, it used to be that an individual may generally only be eligible for a one-time expunction for dismissed charges.  However today, 2024, individuals can have an unlimited number of charges for which they were acquitted expunged.

Expunction for Convictions:

1.            Certain Nonviolent Misdemeanors: Some low-level misdemeanors may be eligible for expunction after a waiting period, provided the individual meets certain criteria.

2.            First-time Nonviolent Felony: For certain nonviolent felonies, individuals may be eligible for expunction if it is their first felony conviction, and they have completed their sentence and met other specified requirements.

3.            Age Restrictions: Some expunctions may have age restrictions, especially for offenses committed by individuals under a certain age.

Changes Over Time:

Laws regarding expunction can change through legislative actions. Changes might include adjustments to waiting periods, expanding eligibility criteria, or introducing new types of expunctions. Additionally, the legal landscape may be influenced by court decisions.

Consult a Legal Professional:

For the most accurate and up-to-date information on expunction laws in North Carolina, it is essential to consult legal professionals, such as attorneys specializing in criminal law or organizations that provide legal assistance.

Always be sure to check with the North Carolina General Assembly or legal databases for the latest statutes and amendments related to expunction laws in the state.

If you would like a confidential consultation about trying to get some charges expunged in Brunswick County, New Hanover County, or Pender County in North Carolina, in which the county seats are Bolivia, Wilmington, and Burgaw, call Collins Law Firm for a confidential consultation and 910-793-9000.

Wilmington, North Carolina, is known for its mild coastal climate, we occasionally experience subfreezing temperatures that can catch us off guard. As winter brings chilly weather to our otherwise temperate region, it is essential to take precautions to stay safe and protect our homes.

The onset of subfreezing temperatures can lead to various challenges, including icy roads and sidewalks. Residents need to exercise caution when driving or walking, as black ice can be particularly treacherous. It is advisable to use salt or sand on icy surfaces to improve traction and prevent slips and falls.

When temperatures drop, it is crucial to protect the pipes from freezing. Insulate exposed pipes and faucets and leave cabinet doors open to allow warm air to circulate. Dripping faucets can also prevent pipes from freezing, reducing the risk of costly damage.

For those with pets, it is essential to bring them indoors during subfreezing weather. If that is not possible, then make sure the pets have a warm and sheltered space with proper bedding. Provide fresh water regularly, as water bowls can freeze in the cold.

Also, be mindful of your heating systems. Ensure that heaters are in good working condition and have been inspected recently. Space heaters should be used with caution, placed away from flammable materials, and never left unattended.

Wilmington may not experience extreme cold regularly, but when subfreezing temperatures arrive, it is essential to be prepared. Keep an emergency kit with blankets, extra clothing, and non-perishable food items in case of power outages or other weather-related disruptions.

By Jana H. Collins

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

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

Introduction

Wrightsville Beach, North Carolina, is a coastal paradise known for its stunning beaches, charming community, and vibrant atmosphere. However, for those who call this beautiful town home or visit regularly, there’s been a long-standing concern about the aging infrastructure, particularly the bridges connecting the island to the mainland. In recent years, a series of bridge replacement projects have been planned and initiated to ensure the safety, efficiency, and aesthetic appeal of these vital connections. In this blog, we’ll explore the significance of these projects and how they’re shaping the future of Wrightsville Beach.

The Necessity of Bridge Replacement

The two primary bridges connecting Wrightsville Beach to the mainland are the Heide Trask Drawbridge and the Wrightsville Beach Drawbridge. Both of these bridges were constructed in the mid-20th century and have served their purpose well. However, like any infrastructure, they have aged and require substantial maintenance or, in some cases, replacement. Bridge replacement projects are necessary to ensure safety, accommodate modern transportation needs, and reduce maintenance costs associated with older structures.

The Heide Trask Drawbridge Replacement

The Heide Trask Drawbridge is a crucial link between Wrightsville Beach and the mainland, serving as the primary access point for residents and tourists. It was constructed in 1953 and has required frequent maintenance over the years. The decision was made to replace this bridge with a more modern, efficient structure that would better serve the community’s needs.

The new Heide Trask Drawbridge replacement project features several key improvements:

A higher vertical clearance to accommodate larger vessels, reducing the need for frequent bridge openings.

Wider lanes and a bike/pedestrian path to enhance safety and accessibility.

Modern design elements that will add to the visual appeal of the bridge and complement the coastal surroundings.

Improved hurricane evacuation capabilities, making the island more resilient during severe weather events.

The Wrightsville Beach Drawbridge Replacement

The Wrightsville Beach Drawbridge, also known as the Motts Channel Bridge, is another vital connection to the island. Like the Heide Trask Drawbridge, this bridge is aging and in need of replacement. The Wrightsville Beach Drawbridge replacement project is set to address these concerns and enhance the overall transportation infrastructure of the area.

Key features of the Wrightsville Beach Drawbridge replacement project include:

A modern design that blends seamlessly with the island’s aesthetic and natural surroundings.

A longer lifespan, reducing the frequency of maintenance and repair work.

Enhanced safety features and wider lanes for both vehicles and pedestrians.

Improved traffic flow and efficiency, reducing congestion during peak times.

Community Impact

The bridge replacement projects in Wrightsville Beach are not just about infrastructure; they also hold significance for the community. These projects create jobs, stimulate the local economy, and contribute to the overall well-being of residents and visitors. While construction may cause temporary inconveniences, the long-term benefits far outweigh any short-term disruptions.

Environmental Considerations

In the spirit of preserving the unique coastal ecosystem, the bridge replacement projects are being conducted with great care for the environment. Environmental impact assessments, erosion control measures, and wildlife preservation efforts are an integral part of the construction process.

Conclusion

The bridge replacement projects in Wrightsville Beach, NC, represent a significant investment in the community’s future. They are not just about replacing aging infrastructure but also about enhancing safety, accessibility, and aesthetics. The new bridges will better serve the needs of residents and visitors, contributing to the continued prosperity of this beautiful coastal town. As these projects progress, Wrightsville Beach will remain a haven for those who seek its sandy shores and vibrant community, ensuring that the bridges to paradise are as impressive as the destination itself.

The Wrightsville Beach Police Department is well know for their strict enforcment of all laws. The only time we have ever known of anyone getting a speeding ticket for doing 35 miles per hour in a 25 mile per hous zone was in Wrightsville Beach. They were also charged with carelss and reckless operation of a motor vehicle. This is because it was during the summer with a lot of pedestrians in bathing suits walking around. Please be extra careful when drivng around Wrightsville Beach becasue the the Wrightsville Beach Police Department will make sure to enforce the laws strictly.

If you or someone you know receive a traffic ticket or any other criminal charge in Wrightsville Beach or in Wilmington, or generally 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 David B. Collins, Jr.

Electronic filing, or eFiling, has become an integral part of modernizing the legal system across the United States. North Carolina, like many other states, is in the process of implemented eFiling to enhance the efficiency and accessibility of its legal processes.

Harnett, Johnston, Lee, and Wake County are the four trial counties in which the North Carolina courts have transitioned from paper to electronic filing. The next one in line will be Mecklenburg County starting on Monday, October 9, 2023. The plan is to have all 100 North Carolina Counties live by the end of 2024.

Once eFiling is implemented in a county, attorneys and individuals as well, are required to use the eFiling system.  In order to do so, one needs to register for an account. 

Users need to have a high-speed internet connection and need to file their documents in the format of Adobe® PDF.

The new case management system utilizes Tyler Technologies’ Odyssey suite. 

Tyler Technologies on their website promotes their system as follows:  “We have a proven history of rapid implementation and a client base with a track record of successful innovation to expand access to justice, empower legal professionals with helpful tools, and facilitate collaboration across justice partners.”

Despite the potential benefits of eFiling, there are several challenges to be expected:  

• Technical Issues: Technical glitches, such as system outages, slow response times, and difficulties uploading documents.
• User Training: Inadequate training and user education may hinder the effective use of the eFiling system.
• Accessibility Barriers: Some users, particularly those without reliable internet access or with disabilities may face challenges in accessing and using the eFiling system.
• Security Concerns: In the light of the latest cyberattacks that disrupted several casinos in Las Vegas, concerns about data security, including the protection of sensitive legal information are prevalent.

The website of the North Carolina Judicial Branch list the following benefits f eCourt:

• Provides 24/7 statewide service to all Judicial Branch employees, attorneys, and public users
• Provides web-based access to court records and documents
• Streamlines court administration
• Provides greater case management ability
• Enhances disaster recovery (fire and flooding)
• Reduces paper forms
• Increases access to justice and the courts
• Facilitates remote testimony through increased audio/video capabilities
• Out of town witnesses, experts, and other witnesses can testify virtually
• Law enforcement can appear virtually for testimony or warrant applications
• Victims of violence or abuse can testify virtually, reducing the trauma of being in the same room as their abuser
• Inmates can appear virtually reducing travel and costs and safety concerns for sheriffs and corrections officials

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

The New Hanover County underage drinking deferred prosecution program is a program designed for first-time offenders who have been charged with underage drinking in New Hanover County, North Carolina. The program allows eligible individuals to avoid a criminal conviction and potentially have their charges dismissed by completing a series of requirements.

To be eligible for the program, the individual must be between the ages of 16 and 20 and have no prior criminal convictions or pending charges. The individual must also admit guilt to the charge of underage drinking and agree to participate in the program.

The requirements of the program typically include attending an alcohol education class, performing community service hours, and staying out of trouble for a certain period of time. If the individual successfully completes all of the requirements, the charges will be dismissed, and there will be no criminal conviction on their record.

It is important to note that not all individuals charged with underage drinking in New Hanover County will be eligible for the deferred prosecution program. Additionally, if an individual fails to complete the requirements of the program, the charges will proceed through the criminal justice system, potentially resulting in a criminal conviction.

If you have been charged with underage drinking in New Hanover County, it is important to consult with a qualified attorney who can advise you on your legal options, including the deferred prosecution program.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon