Happy 2016! As of January 1, 2016, 23 new laws will take effect in North Carolina – five of which could impact your daily life, and here they are:

Change in gas tax. As of January 1, you will now save one cent off of every gallon of gas, a total of 35 cents in taxes. However, in exchange for the tax break here, some DMV services have increased, such as registration and license renewal. North Carolina’s goal with this is to generate revenue for the NCDOT with respect to road construction and maintenance.

District Attorneys (DA’s) to carry concealed weapon. DA’s in North Carolina are now permitted to carry a concealed weapon in the courtroom with appropriate permits.

Unemployment requirements on the rise – start job seeking! For those applying and those who are currently on unemployment, you are now required to prove you have contacted five businesses per week, whereas before it was just two.

Abortion awareness and alternatives. Prior to January 1 in North Carolina, doctors have always had to hand out information regarding alternatives to abortions to their patients 24 hours before executing the procedure. Now doctors are required to give out this information 72 hours in advance, and abortion clinic inspection reports have to be posted on the web. The goal here to give women more time to consider their options and final decision.

Protect your child’s identity! With identity theft on the rise, North Carolina now offers a Protected Consumer security freeze option for children under the age of 16. Parents can have this plan put place in to prevent anyone from taking their child’s name.

To see a full list of the new laws that took effect on January 1, 2016, click here: http://archive.digtriad.com/assetpool/documents/151002063956_2015_Effective_Dates.pdf

By Amber Younce, Legal Assistant

The resentment towards police departments by community activists who have portrayed law enforcement as racist who routinely shoot black Americans, for essentially no reason, has caused a substantial increase in shootings and murders all across the United States in recent years. This idea has become what is known as “The Ferguson Effect.”

New Hanover County Police Department offers their vision statement on the home page of their website “To serve with professionalism and hold ourselves responsible and accountable to the citizens of New Hanover County,” and here at Collins Law Firm, we support what the greater goal of all police departments is: to serve and protect. It is unfortunate that the atmosphere in which law enforcement officers are to perform their duties is now burdened with danger and consequence.

Attorney David Collins has over 20 years of experience in the legal field, and has represented many people charged with various crimes. If you or someone you know has been charged with a crime, please call to schedule a consultation today: (910) 793-900. We’re here to help!

By Amber Younce, Legal Assistant

So often we hear about how overcrowded and dangerous United States jails are, and naturally, with that, safekeeping becomes more and more difficult for jail staff as the problem increases. How does jail staff maintain a safe environment for the inmates? Or even more interesting, what is staff to do when an individual inmate becomes unmanageable by behavior, illness, or vulnerability? The answer is pretty straightforward but the process is complicated. In this type of situation, jail staff submits a transfer request in hopes to have the inmate transferred from jail to the state prison, through what is known as a safekeeping order. Pursuant to G.S. 162-39, “the resident judge of the superior court or any judge holding superior court in the district or any district court judge may order the prisoner transferred to a fit and secure jail in some other county where the prisoner shall be held for such length of time as the judge may direct,” under the following circumstances (where the prisoner):

• Poses a serious escape risk;
• Exhibits uncontrollable, violently aggressive behavior;
• Needs to be protected from other inmates
• Is a woman, 18 years of age or younger, when the jail facility does not have adequate housing
• Is in custody at a time when a fire or other catastrophe causes the jail to cease operation
• Otherwise poses an imminent danger to the jail staff or other inmates.

If issued, the sheriff of the county (from which the prisoner be transported from jail to prison) is responsible for providing means of transportation, both to and from prison as applicable (i.e.—when the return date expires with respect to the judge’s order).

Confinement for safekeeping inmates is different than for the general population. For instance, they do not participate in work programs, they are not eligible for any type of sentence reduction, and they are held separately from the general inmate population. There are several types of facilities which house safekeepers in North Carolina, specific to age, medical needs, sex, and crime.

After an inmate has been transferred, the county from which the inmate was removed is responsible for paying the prison $40 per day, plus medical and some other health expenses. Just as jail staff can request than inmates be transferred to prison for safekeeping, inmates are permitted to submit the same type of request.

By Amber Younce, Legal Assistant

The Wrightsville Beach 32nd annual North Carolina Holiday Flotilla is upon us! Many Wilmingtonians look forward to this water-based event every Thanksgiving weekend, as family and friends come together to eat, drink, and celebrate the holiday together. Whether you have a boat entered in the contest or will be watching from land, it may be beneficial for you to be up-to-date on North Carolina’s laws against Boating While Impaired, commonly referred to as “BUI” or “BWI”.

G.S. 75A-10(b1) forbids the operation of any vessel while on NC waters under the following circumstances: (1) while under the influence of an impairing substance; or (2) after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more. Additionally, G.S. 75A-10(b) bars a person from “manipulat[ing] any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.” One charged in violation of either of these two statutes is subject to being convicted of a Class 2 misdemeanor.

There are many similarities between the laws and consequences associated with DWIs and BWIs. One major difference, however, is that a BWI is not an implied consent offense – meaning, that while operating a vessel/surfboard/waterskii, you are not required by law to consent to a breathalyzer test as you are when suspected of drinking and driving. So what happens if your boat is pulled over and you are asked by an official to “blow” into the breathalyzer? In NC, this situation is more an analysis of the Fourth Amendment (prohibits unreasonable searches and seizures), rather than a statutory regulation. If one consents to a breathalyzer, obviously the need for a warrant is void. But keep in mind, refusing a breathalyzer may carry a double-edged sword in the likely event that upon refusal, the official becomes more suspicious and aggravated and thus proceeds to obtain a warrant. As decided by State v. Fletcher (2010), if an official suspects that one’s blood alcohol content may decrease while trying to obtain a search warrant, he or she is permitted to conduct a blood alcohol concentration test.
If convicted of a BWI, the consequences aren’t favorable. This charge isn’t one that you can simply pay off like a traffic ticket, but rather, a misdemeanor that will remain on the record for the rest of your life. Recreational boaters are subject to have their boater license suspended and face insurance increases, for both the boat and all automobiles on the policy.

It is best to treat operating a boat just as you would a vehicle – don’t drink and drive! Nonetheless, if you or someone you know is caught in a situation such as this or similar, call us today to schedule a consultation to speak with our knowledgeable and experienced attorney (910) 793-9000.

By Amber Younce, Legal Assistant

Orange County, NY Legislator Mike Anagnostakis (R-Montgomery, Newburgh) was elated when law he had proposed─Rocky’s Law─was voted unanimously and thereby approved by Orange County, NY Legislators. Pursuant to Rocky’s Law, Orange County Residents convicted of abusing animals are required to register within five days of being convicted or released from jail or prison. Failure to register may result in a fine of up to $2,000 and a year in jail. First time offenders will be prohibited from owning a companion animal for 15 years, and repeat offenders will be barred from owning a companion animal for the rest of their life.

Rocky’s Law was named after a 3-year old Staffordshire Terrier named Rocky who had to be euthanized after he sustained life-threatening injuries from being left in freezing temperatures for five weeks while his owner went on a vacation.

Orange County Executive Steven M. Neuhaus signed Rocky’s Law on June 6, 2015 at the Warwick Valley Humane Society alongside a homeless American Staffordshire lady named Mindy who placed her paw print on the bill.

Legislator Mike Anagnostakis had proposed the law so that Rocky’s death “will not have been in vain. It will at least stop those who have committed the most heinous crimes from ever getting their hands on our loved ones again. What a tribute to Rocky it would be if this law becomes enacted across the U.S.”

Paws up, Orange County, NY Legislators!

By Jana H. Collins

Kelly Gissendaner was executed on Wednesday at 7pm, with respect to her sentence of the death penalty for engineering the murder of her husband in 1997, despite both her children and even Pope Carlo Francis’ wishes. After visiting the United States, the pope sincerely requested in writing that the state of Georgia not follow through with the execution of Ms. Gissendander as stated below:

“While not wishing to minimize the gravity of the crime for which Ms. Gissendander has been convicted, and while sympathizing with the victims, I nonetheless implore you, in consideration of the reasons that have been expressed to your board, to commute the sentence to one that would better express both justice and mercy,”

None of the last minute pleas were enough, and as a result, Ms. Gissendaner was the first person in 70 years to be executed by the death penalty in Georgia.

While talk is hot about the death penalty, some may be wondering, what is North Carolina’s history with the death penalty? And what are the laws associated with it?

The death penalty has been part of North Carolina Law since the state was a British colony, and at that time available as punishment for an array of crimes. Until the later part of the 20th century, the death penalty was permissible for crimes such as arson, burglary, rape, and murder. Since then, however, NC has limited the crimes eligible for capital punishment to cases only where another person is killed.

There has been a drop in the number of capital trials, death penalties, and executions in North Carolina in recent years. The last person to be executed on death row in North Carolina was Samuel Flippen, who was put to death on August 18, 2006 for the murder of his two-year-old stepdaughter.

As of March 30, 2012, according to the Division of Adult Correction, North Carolina held 157 inmates on death row. 153 of the 157 inmates on death row are men. Both the men and women are housed in Raleigh’s Central Prisons. All of these inmates have been on death row at least since the 1990s. North Carolina’s method of execution remains by lethal injection.

The laws regarding North Carolina’s death row policies and procedures are constantly changing, as this is an extremely controversial topic in government. In 2001, according to N.C.G.S. § 15A-2004, the General Assembly modified the statute to give prosecutors the option to decline seeking the death penalty. Those exempt from capital punishment are those who “suffer from a severe mental disorder or disability that significantly impaired his or her capacity to appreciate the nature, consequences, or wrongfulness of his or her conduct.” The minimum age for execution is 17.

Just this week, State Representative Jon Hardister (R) of Greensboro said he thinks the death penalty should be abolished because he doesn’t “trust the government to do it right.” He suggests that alternatively, NC should sentence to life in prison without parole. What are your thoughts on NC laws regarding capital punishment?

By Amber Younce, 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

The North Carolina case Britt v. North Carolina serves as a breakthrough precedent for North Carolinians who lost their right to bear arms due to felony charges. In 1979, Barney Britt plead guilty to PWISD methaqualone (possession with intent to sell and deliver–a central nervous system depressant). He was sentenced to 4 months in prison and probation thereafter. At the end of his sentence in 1987, Mr. Britt’s rights as a North Carolina citizen were fully restored, including the right to bear arms. In 2004, N.C.G.S. §14-415.1 declared it unlawful for any felon to bear any type of firearm despite their reason. Britt sued the state arguing that this new law was unconstitutional. After several hearings and appeals, his case was taken to the Supreme Court where the jury ruled in Britt’s favor. Arguably, Britt served his sentence as a convicted nonviolent felon, and 30 years later had not committed any crime despite that he possessed firearms. Ultimately, Britt had “affirmatively demonstrated that he is not among the class of citizens who pose a threat to public peace and safety” and therefore, a regulation that prohibited him from possessing a firearm could not be “fairly related to the preservation of public peace and safety.”

A year after the Supreme Court ruled in Britt’s favor, North Carolina General Assembly enacted N.C.G.S. §14-415.4, allowing a person convicted of a nonviolent felon to bear firearms, as long as they are in compliance with the statute criteria (i.e., having served their sentence, convicted of only one felony—or multiple felonies arising from the same event, etc). The law took effect on February 1, 2011.

It will be interesting to see how North Carolina’s new law will be observed nationally. With such controversy over the right for even non-felon citizens to bear arms, it’s likely that many Americans will disagree with this statute. As we know, federal authorities and courts hold the final decision on federal law, but this new law may accomplish the General Assembly’s goal of restoring firearm rights to those convicted of a felony in other states – following the example of North Carolina – if not nationwide.

By Amber Younce, Legal Assistant

As the eve of the 14th anniversary of the September 2011 terrorists’ attack approaches, many Americans find themselves feeling uneasy and vulnerable. Naturally we remember this day as a day of distress all throughout the nation—families destroyed to those who lost their lives and as a whole, and a country known as arguably the most powerful in the world at a frightful standstill.

On September 11, 2001, two planes hit the World Trade Center towers in New York, another crashed into the Pentagon, and a fourth hijacked plane (en route to the White House) crashed in Pennsylvania—resulting in the largest loss of life attack in America since Pearl Harbor.

Even after all of the bodies had been exhumed and things started to clear up in NY, the death toll was on the rise due to the subsequent deaths related to inhalation of fumes from that day, which in fact were all ruled as homicides. The attacks resulted in the deaths of 2,996 people, including the 19 hijackers. The 2,977 victims included 246 on the four planes (from which there were no survivors), 2,606 in the World Trade Center/surrounding area, and 125 at the Pentagon.
Though conspiracies, theories, and myths about what actually happened on 9/11 are still prevalent through the news and other forms of media, it is important to remember that this day should serve as a day of togetherness and national pride for Americans—with liberty and justice for all.

Here in Wilmington, the Wilmington Fire Department holds a 9/11 Memorial at Wilmington’s Empie Park Fire Station. The memorial honors 7 Wilmington firefighters who have lost their lives in line of duty since the department began in the mid 1800’s, as well as the 343 NYC firefighters who lost their lives on 9/11 fourteen years ago. The memorial is surrounded by 7 statues representing Wilmington’s fallen firefighters. A bronze statue of a firefighter in the center holds a piece of steel recovered from the World Trade Center following the attack on 9-11. The memorial is open 7 days a week to the public, where visitors and residents are encouraged to stop by.

Nonetheless, be aware of your surroundings and take extra caution as you bear in mind this unforgettable day.

By Amber L. Younce, Legal Assistant

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

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

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

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

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

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

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

By Amber Younce, Legal Assistant