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

Generally, the fact that one was charged with a crime remains on their record regardless of the disposition of the charge, unless the charge gets expunged. An expungement in North Carolina is the eradication of one’s criminal record by court order.  The effects of an expunction or expungement are outlined in N.C.G.S. § 15A-153 and include that upon expunction one may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred.

Thanks to Hour Bill 1023 which went into effect on December 1, 2012, one can now even get a conviction expunged pursuant to N.C.G.S. § 15A-145.5 as long as the offense was a nonviolent felony or misdemeanor:

(a) For purposes of this section, the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.7A(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

In order to qualify for an expunction under N.C.G.S. § 15A-145.5 one may not have other felony or misdemeanor convictions in any state and no previous expunction under this section or under any of the following sections:  N.C.G.S. §§ 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, or 15A-145.4.  Further, a petition for expunction of record under this section shall not be filed earlier than 15 years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.  The costs for filing petition under N.C.G.S. § 15A-145.5 is $175.

If you feel you may be eligible to pursue an expungement in New Hanover, Pender, or Brunswick Counties, North Carolina, call Collins Law Firm for a consultation at (910) 793-9000.

By Jana Collins, Office Manager

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

“USA, USA, USA” can be chanted now that the United States has advanced onto the Knockout Round in the World Cup 2014, being held in Brazil. Even though this is a positive advancement for the United States, it did not come easily after losing to Germany 1-0 on Thursday, June 26^th, 2014. It was thanks to Portugal defeating Ghana 2-1 that allowed the United States to hold on to their second place standing.  This in itself is a great accomplishment for the United States, as they were ranked 14^th in the World by the Fédération Internationale de Football Association (FIFA) when they  entered the World Cup, and we were also placed in the “Group of Death”, facing very difficult teams including Ghana, Portugal, and Germany.

Although, now that the United States is in the Knockout Round we will begin to see new teams and our next game will take place on Tuesday in Salvador at 1pm against Group H winner Belgium.

While the World Cup, historically, has not been the United States better event – the fact that we have fought this hard and made it this far has definitely ignited some American pride. In Wilmington, many restaurants and bars are opening up earlier so patrons can watch the games and support our team, showing our American pride throughout the town.

Also, while drinking is very popular for watching sporting events, like the World Cup, we urge you to stay responsible during this time. If you are out watching the games and drinking, make sure you are of the legal age to drink and have a designated driver to take you home or your could suffer severe legal ramifications. So if you or someone you know is charged with an alcohol related charge in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, then be sure to call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.
By Rachel R. Reynolds,  Paralegal at Collins Law Firm

When you get to the Wilmington International Airport, you will notice a huge display of an American flag in the welcoming area.

Next to the flag is a plaque, which reads as follows:

Julie A. Wilsey, AAE, Deputy Director, Wilmington International Airport, shared the following information:

The Salvation Army leader, Major Robert Vincent, and several from the local organization in Wilmington went to Washington, DC to assist with recovery operations at the Pentagon.  While they were there, they flew several flags over the site.  The lead volunteer brought the flag back to Wilmington as gift to the residents and volunteers who helped with post 9/11 recovery.

The Salvation Army Leader was a member of the Downtown Rotary Club.  In discussion with several Rotarians, they tried to think of a place in Wilmington where the flag could be displayed and have a symbolic message. One Rotarian, Ron Gumm, suggested the airport near the security check point.  Ron was also a part-time employee at ILM for coordinating Air Shows and other Special Events.

I was the Facility Director at ILM, and in 2001-2002 we were planning a renovation of the airport terminal.  We decided to have a case designed in the project to hold the flag for all to see as they go through security.  It is a perfect backdrop to the process, and it has significant meaning because the events of 9/11 changed airport security and created the TSA.  Our renovation finished in May 2004 and the flag was part of the Grand Opening ceremony.  Also, the Downtown Rotary Club presented the plaque for the flag.

WRAL posted on September 13, 2001, that the Salvation Army’s North and South Carolina Division assigned counseling team four mobile kitchen units and related personnel to Washington, DC.

Major Richard Watts, Commanding Officer for the Salvation Army of Wilmington, NC, provided more insight about the role of the Salvation Army during the 9/11 after mess. Major Watts himself was the Commanding Officer of the Salvation Army of Columbia, SC at that time and was assigned to serve the Pentagon crash site where he arrived in the evening of September 12, 2001. However, because this site was not just a disaster, but a crime scene, and because the Pentagon is our federal defense headquarters, Major Watts had to undergo a FBI clearance which lasted for five hours. Further, the site was secured by two fences and before entering the secured area, at first one had to undergo two searches, later on four searches including one by canines. While the Salvation Army mainly provides food and emotional and spiritual support for families and friends of disaster victims, they also provided America flags to cover the coffins of the victims. Major Watts also reported that American flag were flown throughout the Pentagon, along the fences and hallways. However, due to the site being a crime scene, no one was allowed to take pictures. Major Watts witnessed and incident where a FBI agent confronted a man who took pictures regardless, through him to the ground and confiscated the footage.

The display of the flag has a great meaning especially to everyone who served during the 9/11 after mess as well as our service men and women who come through Wilmington International Airport.

Anthony D’Erasmo, Public Safety Officer at Wilmington International Airport, is a retired New York City Police Officer and he was one of the first responders to the World Trade Center, said that having the flag displayed in the welcoming area of the airport is a reminder of the event of 9/11 and a sign of appreciation of those who served and those who serve our country.

By Sarah Morgan Collins (4^th Grade AIG Local History Project)

While preferences vary when it comes to transportation, everyone is a pedestrian at some time, and most know to keep their distance from moving traffic. Unfortunately, according to data released by the National Highway Traffic Safety Administration, about 69,000 pedestrians got hurt and 4,432 were killed in traffic crashes in the United States in 2011. This means that on average every two hours a pedestrian was killed and about every eight minutes, a pedestrian got hurt in traffic in 2011.

In North Carolina alone more than 2,400 pedestrians are hit by vehicles each year, about 160 out of this number are killed. This number represents about 12% of all traffic fatalities that occur on North Carolina roads.

While Pedestrians should not rely on their rights in traffic being observed by drivers, drivers need to be aware of pedestrians’ rights and the traffic laws protecting the weakest of our road users, and drivers need to pay attention especially to young children and older adults, because they are more likely to stray outside crosswalks and not pay attention to traffic signals or the traffic in general.

Pedestrians’ rights and duties are addressed in Chapter 20, Article 3, Part 11 of the North Carolina General Statutes (hereinafter N.C.G.S.).

N.C.G.S. § 20-172 Pedestrians subject to traffic-control signals.

(a) The Board of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to erect or install, at intersections or other appropriate places, special pedestrian control signals exhibiting the words or symbols “WALK” or “DON’T WALK” as a part of a system of traffic-control signals or devices.

(b) Whenever special pedestrian-control signals are in place, such signals shall indicate as follows:

(1) WALK. – Pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

(2) DON’T WALK. – No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the “WALK” signal shall proceed to a sidewalk or safety island while the “DON’T WALK” signal is showing.

(c) Where a system of traffic-control signals or devices does not include special pedestrian-control signals, pedestrians shall be subject to the vehicular traffic-control signals or devices as they apply to pedestrian traffic.

(d) At places without traffic-control signals or devices, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Part 11 of this Article.

N.C.G.S. § 20-173 Pedestrians’ right-of-way at crosswalks

(a) Where traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at or near an intersection, except as otherwise provided in Part 11 of this Article.

(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(c) The driver of a vehicle emerging from or entering an alley, building entrance, private road, or driveway shall yield the right-of-way to any pedestrian, or person riding a bicycle, approaching on any sidewalk or walkway extending across such alley, building entrance, road, or driveway.

N.C.G.S. § 20-174 Crossing at other than crosswalks; walking along highway

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right-of-way to approaching traffic.

(e) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Failure to obey any these laws is an infraction pursuant to N.C.G.S. § 20-176 (a) and if convicted, punishable to pay a fine of up to one hundred dollars ($100) pursuant to N.C.G.S. § 20-176 (b).

If you or someone you know is charged with an infraction in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, and call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Jana H. Collins, Office Manager

The U.S. prison population is six to ten times as high as in most Western European nations and many say that this is because of the Unites States War on Drugs. More than 749,000 people were arrested in the United States for marijuana-related offenses alone in the year 2012.

However, while the use, sale, and possession of marijuana in the United States is still illegal, the federal government has declared that a state may pass a law to decriminalize cannabis for recreational use, as long as they have a regulation system in place. Many states have decriminalized the substance to certain degrees, other states have created exemptions specifically for medical marijuana, and some have done both. Colorado and Washington are two states that have legalized the recreational use of cannabis following the approval of state referendum in the 2012 elections.

In April 2013, North Carolina State Representative Kelly Alexander, who earlier in 2013 pushed unsuccessfully for medical marijuana, introduced a new bill: House Bill 637. Alexander has said that it would bring North Carolina in line with a number of other states; but marijuana decriminalization bills have not fared too well in North Carolina in the past.  House Bill 637 is a part of North Carolina’s Marijuana Policy Project and has passed its first reading and is now set to be heard by the state Judiciary Committee which will carry over from 2013 to 2014 when the legislature reconvenes.

Currently in North Carolina, the law is that it is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use). Penalties vary according to the amount possessed. (N.C. Gen. Stat. Ann. § 90-95.) The penalties include:

•                         Up to one half of an ounce – a fine of up to $200, up to 30 days in jail, or both.

•                         Between one half ounce and one and a half ounces – a fine of up to $500, between one and 120 days in jail, or both. The judge may order probation or community service in addition to, or  in lieu of some or all of the jail time.

•                         One-and-a-half ounces or more – a fine of $500 or more, up to one year in jail, or both.

It will also be a criminal conviction on a person’s record.

Under House Bill 637, being charged with possession of less than an ounce of marijuana would only be considered a civil infraction with a fine – no longer would a sentencing history nor a criminal record interfere with one’s forthcoming in life. This bill would also allow past offenders to be able to have their records expunged.

Many North Carolina residents are in favor of the proposed bill and hope that it will get passed. A Public Policy Poll taken in March, 2013 indicated that 56 percent of those surveyed in North Carolina think the penalty for possessing small amounts of marijuana should be decriminalized.

For the sake of patients, North Carolina lawmakers should at least consider to study medical marijuana as suggested by another bill introduced by Republican Alexander on April 11, 2014 – bill H941 – A BILL TO BE ENTITLED AN ACT REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO THE MEDICAL USE OF CANNABIS.

At Collins Law Firm we handle marijuana related and other drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients charged with all types of drug and alcohol offenses. The experienced and compassionate team at Collins Law Firm is here for you – just a phone call away at 910-793-9000.

By Rachel R. Reynolds, Paralegal at Collins Law Firm

Driving slowly in the left hand lane is not just a pet peeve, but causes a hazard by negatively impacting the flow of traffic.

This forces faster moving traffic to pass in the right hand lane. Drivers hoping to pass a slow left hand lane driver often signal a lane change toward the center median, flash headlights, or drive very close to the bumper to the slow left hand lane driver, which is known as tailgating.

The left hand lane which is also referred to as the fast lane, inside lane, or passing lane is reserved for faster moving vehicles wishing to pass or overtake. The United States Uniform Vehicle Code states the following: “Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic.”

Some states, including North Carolina, have made it illegal to drive slowly in the left hand lane and fail to yield to traffic that seeks to overtake.

In North Carolina, travel on a multi-lane roadway is governed by N.C.G.S. §20-146(b):

Upon all highways any vehicle proceeding 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 drivers license points pursuant to N.C.G.S. §20-16 (c), or 3drivers license points if the violation occurred during the operation of a commercial motor vehicle.

Most of the laws prohibiting driving slowly in the left hand lane however seem to only be enforced to stop suspicious vehicles or passengers.

Generally, one should always be aware of their surroundings especially while driving and move lanes if they find themselves holding up traffic – the choice to travel in the right hand lane should be made already out of consideration for other travelers, to increase traffic safety, to reduce traffic congestion, and to improve emergency response.

By Jana H. Collins, Office Manager

Heroin is a highly physiologically addictive narcotic derivative of morphine but has a higher potency than morphine. C.R. Alder Wright – an English chemistry and physics researcher in London – was the first to synthesize heroin in 1847. Heroin usually appears as a white or brown powder or as a black sticky substance, known as “black tar heroin.” The name Heroin stems from Bayer, the German Pharmaceutical Company. Bayer named the first diamorphine product Heroin and made its first fortunes in the late 1890s when it commercialized heroin as cough, cold and pain remedy.

The medical use of heroin is prohibited in the United States, because its unwanted effects, i.e. miscarriages, heart infections, and death exceed its values. Heroin however is used illicitly for its euphoric effects and its use is on the rise nationwide.

In the eastern part of North Carolina, law enforcement officials report that the use of heroin, especially amongst high school students, has increased immensely as it has not been seen in decades. For example, while the Police Department of Wilmington, NC, had 12 people arrested for carrying heroin in 2003, the number was almost twenty times as high in 2013 with 214 arrests.

The surge of heroin use appears to be the unintended side effect of the crackdown on the abuse of prescription drugs. While the crackdown on the prescription drug abuse resulted in a decrease of the illegal use of prescription drugs, it also caused some medications to become less available and thereby less affordable. Instead, many turned to a less pricy solution to get euphorically high – heroin.

Even though the use of heroin is at a historic high, experts predict that it has not yet reached the top as addicts are still to some degree able to obtain prescription drugs.

As heroin use may become more prominent in the nearer future, more people may get into a situation in which they may witness a drug related overdose that requires medical assistance. In such situations, limited immunity is extended to those, who seek medical assistance pursuant to N.C.G.S. §90-96.2.

As a heroin user, one does not only face medical and economic, but also legal consequences. Heroin is a Schedule II Controlled Substance pursuant to N.C.G.S. §90-90 (1) and its possession is punishable as a Class I felony pursuant to N.C.G.S. §90-95(a)(3). The sale of heroin is punishable as a Class G felony and the delivery or manufacture is punishable as a Class H felony pursuant to N.C.G.S. §90-95(a)(1).

If convicted of any of those charges, possible consequences are:

– Fines

– Jail or prison time

– Drug treatment/counseling

– Probation

– Difficult bread-winning

– Social stigma

– Permanent criminal record

If you or somebody you know are investigated or have been arrested or charged with a drug crime, you should seek legal counsel to examine all evidence and advise you as to whether accepting a plea deal or going to trial would be in your best interest.

If accepting a plea deal, participation in the Drug Treatment Court (hereinafter DTC) may be considered which is an intensive, highly structured program designed to identify and treat offenders whose criminal activities are generally related to substance abuse offered in 23 counties in North Carolina. Amongst those 23 counties are New Hanover and Brunswick County. In order to qualify for the participation in the DTC, the offender must:

• be addicted to a chemical substance,
• be willing to volunteer for the drug treatment court program, and
• be eligible under the state’s structured sentencing system for a community or intermediate punishment as an alternative to active prison time.

The mission of the DTC is to break the cycle of drug addiction by offering the tools to stay clean. Amongst others, those tools include counseling, housing, school, and employment assistance.

At Collins Law Firm we handle drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients against all types of drug crimes. The experienced team at Collins Law Firm is here for you – just a phone call away at 910-793-9000910-793-9000 .

By Jana H. Collins, Office Manager

The New York Times recently published a story entitled “Driving Under the Influence, of Marijuana.” The story suggested that driving under the influence of marijuana (pot) is much less risky than driving while impaired by alcohol.  The report also indicated that it is difficult to detect impairment by pot with the standardized field sobriety tests used in DWI by alcohol cases, and it is difficult to confirm impairment with laboratory tests.  The article discusses several studies making these findings and noted the conclusion of some experts that public resources would be better spent combating alcohol-impaired driving, including perhaps lowering the per se threshold for alcohol concentrations to 0.05,  than in establishing a per se limit for blood-THC content or devising roadside tests to detect for marijuana impairment.

Marijuana impairment is harder to detect because THC – the ingredient that gives marijuana its psychoactive effect –  can take as long as four hours for the THC metabolites to appear in the body after smoking pot, and chemical test can still yield a positive result for pot metabolites for weeks after a person last smoked pot.  A publication by the National Highway Transportation Administration (NHTSA) regarding marijuana states that it positive tests can occur long after the window of intoxication and impairment has passed because concentrations of THC in a person’s blood depend in part upon the pattern of marijuana use, it is difficult to establish a relationship between a specified blood concentration and performance impairing effects.  The article in the Times stated that people who smoked marijuana on a frequent basis may have a blood-THC content that exceeds the limits set in Washington and Colorado for THC concentration more than 24 hours after they last smoked pot.

Marilyn A. Huestis, a senior investigator at the National Institute on Drug Abuse said that “our goal is to put out the science and have it used for evidence-based drug policy . . . but I think it’s a mishmash.”  The article cited a 2007 study which found that 12 percent of the drivers randomly stopped on American highways on Friday and Saturday nights had been drinking. (In return for taking part in the study, intoxicated drivers were told they would not be arrested, just taken home.)  It also reported that six percent of the drivers tested positive for marijuana — a number that is likely to go up with increased availability, and added that some experts and officials are concerned that the campaign against drunken driving has not gotten through to marijuana smokers.

The Times article stated that Glenn Davis, highway safety manager at the Department of Transportation in Colorado said that they have done surveys which indicated that a lot of people think D.W.I. laws don’t apply to marijuana.  He added that “there is always somebody who says, ‘I drive better while high.’”  Other evidence suggests that is not the case, but  also suggests that we may not have as much to fear from stoned driving as from drunken driving. Some researchers say that stoned driving, is simply less dangerous than drunk driving because marijuana and alcohol have different physiology. Drivers impaired by alcohol tend to overestimate their skills and drive faster.  Drivers impaired by marijuana do the opposite.  A professor interviewed by the author of the Times article noted the old joke about “‘Creech and Chong being arrested for doing 20 on the freeway.’” The article also said that studies estimate that drivers who are stoned are twice as likely to crash compared with a driver who has a blood-alcohol concentration of 0.08 percent is almost 20 times more likely to be in a fatal accident than a sober driver.

Driving while appreciably impaired by any impairing substance is illegal in North Carolina.  But for the reasons mentioned in the Times article, driving while impaired by pot could be a difficult case for the a prosecutor to prove beyond a reasonable doubt.  The times article discussed the debate about how best to prove that drivers under the influence of THC are too intoxicated to drive. Blood-alcohol content (BAC) can be tested on the side of the road with a hand held alcosensor, and a multitude of studies link increased levels of blood alcohol to decreased driving skills. But not so for pot.  THC levels can only be measured by blood or urine samples.  Urine tests look for metabolites of THC rather than the pot itself, and can return positive results many days or weeks after someone smoked pot.  Some states have laws that prohibit any detectable level of THC metabolite in urine or blood, and criminalize both.  The article said that only six states have set legal limits for THC concentration in the blood, and that in Colorado and Washington state the limit is five nanograms per milliliter of blood, or five parts per billion.