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 Wilmington Star News – the primary printed news publication in New Hanover County North Carolina reported on recent efforts by law enforcement to  promote adherence to the state’s underage drinking laws.

The paper reported that the New Hanover County ABC Board and the District Attorney’s Office may be teaming up once again to help reduce underage drinking in the area.  The areas include Wilmington, Wrightsville Beach, Carolina Beach, Kure Beach, and all other areas in New Hanover County, and possibly Pender County.

The paper reported that the Fifth Prosecutorial District’s top prosecutor, Ben David, asked the local ABC Board for assistance in developing a uniform way to enforce and punish cases involving underage drinking and related offenses.

Earlier this month, Ben David asked the board for a grant of $106,000 to fund a program comprised of two full-time positions – an assistant district attorney dedicated to prosecuting alcohol cases and a victim-witness coordinator for the specialized prosecutor.

The proposed program would specialize in handling charges from a multi-agency downtown task force, driving-while-impaired arrests involving minors, fraudulent identifications, and underage possession of alcohol.

According to the Star News, Ben David indicated that his focus with the program is on education for first-time offenders, and that underage drinking often leads to other crimes and that by reaching out to teenagers and others under the age of twenty one years of age, they can improve prevention of future problems.

The ABC Board and Ben David  worked together before to increase enforcement of North Carolina’s laws regarding fraudulent identification documents and have promoted increased use of laws that result in the revocation of the offender’s driver’s license if convicted of fraudulent identification offenses.

The Star News indicated that the new project might have hurdles to overcome around before it can be implemented.  The paper reported that Tom Wolfe (who serves on the ABC Board and also is a county commissioner) said “conceptually it looks great [if] we could work something out to help kids realize the seriousness of underage drinking,” but that Wolfe said the local board still had to discuss the proposed program with state ABC Commissioners to make ensure it met the required guidelines before it could be approved.  It was reported that if finally approved, the program would start in October 2013 and be implemented through August 2014.

Southeastern North Carolina is known as an area which is popular for young people to attend College and pursue careers.  Naturally young people enjoy to play and party around our  beaches and downtown areas which provide various opportunities in which they may get charged with crimes. Many young people under the age of twenty one years old (the minimum age to legally purchase and consume alcoholic beverages) either purchase or create fake IDs online or use friends’ IDs who are of age to purchase alcohol.

Convictions of using fake IDs have serious consequences. The conviction of possession of a false identification or a fake ID alone often results in prosecution therefor. The original owner of the ID may face criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In many cases, reinstatement of one’s license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension is not possible.  However, in many cases, avoiding a conviction is possible.

Attorney David Collins has almost 20 years of experience in the legal field, and has represented many people charged with underage consumption or possession of alcohol, and many college students or others charged with  crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving underage consumption or possession of alcohol or a fake ID, call (910) 793-9000(910) 793-9000 for a free confidential consultation.

This upcoming weekend is Memorial Day Weekend.  While Memorial Day is a day to remember and honor those who lost their lives while serving our country in the United States Armed Forces, many take this longer weekend as an opportunity to travel.

The cheery weather forecast may motivate travelers to visit our local beaches this weekend, causing increased traffic and crowded roads.

As part of the Governor’s Highway Safety Program “Click It or Ticket” which launched on Monday, May 20, 2013, law enforcement officers across the state will increase patrols over the holiday weekend and will cite patrons not wearing seat belts.

The Wilmington area’s law enforcement unfolded the campaign last Wednesday by setting up checkpoints on Randall Parkway, New Centre Drive, Eastwood Road near the Wrightsville Beach drawbridge, and Airlie Road and issued close to one hundred citations for traffic infractions and other crimes including seat belt violations, texting while driving, speeding, driving with no operators license, and simple possession of marijuana.

We urge you to obey the law and stay safe.  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.

By Jana H. Collins, Office Manager

Southeastern North Carolina is an attractive area for young people to attend school either at UNCW or Cape Fear Community College.  Of course, the same young people also enjoy to live, work, play, and party for which our beaches and downtown areas provide a wide array of opportunities. However, much of the nightlife requires patrons to be 21 years of age.   For this reason, many youngsters either purchase fake IDs online or look to friends who are of age to use their IDs.

They do not realize that getting caught with a fake ID has serious consequences. The possession of a false identification or a fake ID alone warrants prosecution. Nonetheless, the original owner of the ID faces criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In such reinstatement of one license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension period is prohibited.

Attorney David Collins has almost 20 years of experience and represented countless minors, college students or others charged with a crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving a fake ID, call (910) 793-9000(910) 793-9000 for a confidential consultation.

By Courtney Hull, Intern at Collins Law Firm

While the Easter holiday is traditionally not a heavy traffic weekend, this spring’s decrease in gas prices and predictions of pleasant weather for this Easter weekend may impact travel.  In addition, many North Carolina schools are on spring break contributing to traffic congestion.

However, do not try to make up for time lost by speeding—according to the North Carolina Department of Transportation, speeding is one of the main causes of crashes and fatalities on North Carolina reads and was a factor in nearly 400 deaths last year.

Due to the increased amount of traffic it is especially critical to pay a little more attention to the speed limits and your driving habits during this holiday travel time.

Also, the Governor’s Highway Safety Program has teamed up with law enforcement across the state to step up enforcement as part of its “No Need 2 Speed” campaign in order to get motorists to obey the speed limit and slow down.

The focus of the officers’ effort will be noticeable on all roads, including interstates, major highways, rural two-lane roads and city streets across the state.

This week-long campaign was kicked off on Sunday, March 24, 2013 and will last through March 31, 2013.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at (910) 793-9000(910) 793-9000.

By Jana H. Collins, Office Manager

This weekend, on March 17, we will be celebrating Saint Patrick’s Day which is a cultural and religious holiday.  Saint Patrick (AD 385–461), after whom this holiday is named, is the most commonly recognized of the patron saints of Ireland.

Saint Patrick’s Day commemorates the arrival of Christianity in Ireland and was made an official feast day in the early 17th century.  This holiday is observed by the Catholic Church, the Anglican Church, the Eastern Orthodox Church and the Lutheran Church.  Nowadays, Saint Patrick’s Day has also become a celebration of Irishness and Irish Culture in general.

Celebrations of Saint Patrick’s Day involve public parades and festivities, and the wearing of green attire and shamrocks.  Prohibitions of the Lenten season against the consumption of meat and drinking alcohol are waived for the day.

Last year, unfortunately, more than 200 fatal collisions occurred due to drunk drivers who decided to get behind the wheel after Saint Patrick’s Day celebrations.

In an effort to deter those who have been drinking from getting behind the wheel, thousands of law enforcement officers across the state will be on patrol and DWI checkpoints.

If you find yourself questioning weather you had too many stouts, lagers, cream ales, ales, or else, do not risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab or have a sober friend take you home.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at (910) 793-9000(910) 793-9000 .

Stay safe, Wilmington!

By Jana H. Collins, Office Manager

Our nation has faced some difficult economic times as of late. In North Carolina, these trying times have left over 400,000  unemployed and unsure of how they will be providing for themselves and their families. The unemployment rate for young North Carolinians (ages 20-24) more than doubled between 2007 and 2011—the second highest jump in the nation.  North Carolina joined six other states in 2012 to combat this growing trend in a network which emerged as a result of the Pathways to Prosperity Report by the Harvard Graduate School of Education.

The Pathways to Prosperity report was released in February of 2011 by the Harvard Graduate School of Education and was entitled: “Pathway to Prosperity: Meeting the Challenge of Preparing Young Americans for the 21st Century”. This report challenged our excessive focus on the four-year college education and argued that additional pathways need to be created to combine rigorous academics with strong technical education to equip the majority of young people with the skills and credentials to succeed in our increasingly challenging labor market.

Another aspect however—not addressed in the report or by the network— is the challenge our youngsters face due to their youthful indiscretions reflected on their criminal records.

Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. Employers are looking for the best possible candidates for their companies and background checks help sort through the overwhelming number of applicants they have. A blemish from days past can have a negative impact on an individual’s employability. An expungement may be the answer for certain, qualifying individuals who wish to clear their criminal record in order to have a better chance at employment.

If you or someone you know would like to open up career opportunities by discussing the possibility of expunging your criminal record contact Collins Law Firm  at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Courtney Hull, Intern at Collins Law Firm

Motor vehicle crashes are the leading cause of death among those age 5-34 in the U.S. More than 2.3 million drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. Seat belt use and proper child restraint are the most effective ways to save lives and reduce injuries in crashes, yet millions of adults do not wear their seat belts and fail to properly secure their children on every car ride. Many of these deaths and injuries can be prevented.  Placing children in age- and size-appropriate car seats and booster seats reduces serious and fatal injuries by more than half.

According to North Carolina General Statute § 20-137.1 (Child restraint systems required)

(a) Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.
(a1) A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

A violation of this section shall have all of the following consequences:

(1) Two drivers license points shall be assessed pursuant to G.S. § 20-16.
(2) No insurance points shall be assessed.
(3) The violation shall not constitute negligence per se or contributory negligence per se.

For maximum safety and to avoid being charged with failing to restrain a child, follow these recommendations provided by www.buckleupnc.org:
•    Use rear facing child restraints as long as possible, but at least until age two. Most models can and should be used up to at least 30 pounds.
•    Once a child is turned to face the front of the car, use a child restraint with a harness until the harness is outgrown, from 40-80 pounds, depending on the model.
•    Use seatbelts for older children only when they are large enough for both the lap and shoulder belt to fit correctly.
•    Use a seatbelt on every car trip to set a good example for your children.

If you have been charged for failing to restrain a child, for a seatbelt violation  or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal

The Second Amendment to The United States Constitution was ratified on December 15, 1791, as a part of the United States Bill of Rights.  The Second Amendment protects an individual’s right to possess and carry firearms and states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

Two landmark decisions were made by The United States Supreme Court, establishing this interpretation of the Second Amendment. In the first case, District of Columbia v. Heller (2008), the Court ruled that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia and to use that arm for traditionally lawful purposes, such as self-defense within the home. In the second case, McDonald v. Chicago (2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government.

In light of recent tragedies involving gun violence, gun control has moved to the forefront of debate. Some of the North Carolina firearms laws are outlined below and both the North Carolina and Federal laws as they are currently written are outlined in detail by the North Carolina Department of Justice

Requirements for the purchase of firearms in North Carolina:

-When a person desires to purchase a handgun from a federally- licensed dealer, the person needs to present a valid permit to purchase a handgun or valid North Carolina issued concealed carry permit.

-Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase or receive at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such pistol by the Sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina concealed carry permit.§ 14-402(a)

Who Is Not Eligible for a Permit?

-Under North Carolina General Statute § 14-404, you are not eligible if one of more of the following apply:

(1)        One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and (i) who is later pardoned, or (ii) whose firearms rights have been restored pursuant to G.S. 14-415.4, may obtain a permit, if the purchase or receipt of a pistol permitted in this Article does not violate a condition of the pardon or restoration of firearms rights.
(2)        One who is a fugitive from justice.
(3)        One who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. § 802).
(4)        One who has been adjudicated mentally incompetent or has been committed to any mental institution.
(5)        One who is an alien illegally or unlawfully in the United States.
(6)        One who has been discharged from the Armed Forces of the United States under dishonorable conditions.
(7)        One who, having been a citizen of the United States, has renounced his or her citizenship.
(8)        One who is subject to a court order that:
a.         Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
b.         Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
c.         Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

By Lauren Seidel, Paralegal

A visit to an auto repair shop can be intimidating. Especially when you need work done on your car and you aren’t sure what exactly needs to be done or how much it is going to cost. In order to avoid an unpleasant experience, it’s always a good idea to ask friends and family to refer you to a mechanic they have used and trust. Check to see that the mechanic is ASE (National Institute for Automotive Excellence) certified and that a sign is posted explaining your rights under the North Carolina law. Familiarizing yourself with the North Carolina Motor Vehicle Repair Act in advance may also help to avoid problems with a shop after work has been done on your car.

North Carolina’s Motor Vehicle Repair Act (G.S. 20-354) protects consumers when auto repairs cost more than $350. Here’s how the law works:

•    The repair shop should give you a written estimate and ask you to sign an authorization for the repair. If the car is dropped off by someone else or at a time when the shop is closed, the estimate and authorization can be agreed to orally.
•    When you authorize the repair, you have the right to request that you get back or examine any of your car’s old parts.
•    The repair shop must notify you of any storage charges you’ll owe if you don’t pick up the car once the repair is completed.
•    The repair shop may not exceed the cost you authorized by more than 10 percent without first getting your permission.
•    If the problem is unknown, the repair shop must tell you how much it will cost to diagnose the problem. Once they’ve diagnosed the problem, the shop must contact you with an estimate and to get authorization to do the work.
•    The repair shop must provide you with a detailed invoice that itemizes charges for labor and parts and identifies all parts as new, used, or reconditioned.
•    Keep in mind that repair shops have flexibility in marking up the charge for parts and that you must pay for authorized repairs even if they do not solve the problem.
•    The Motor Vehicle Repair Act does not apply if your insurance company is paying for the repairs, or to agricultural equipment and vehicles weighing more than 26,000 pounds.

Knowing your rights under the Motor Vehicle Repair Act may help avoid a headache during or after a future trip to the mechanic. If you feel as if your rights under this act have been violated by a mechanic or auto repair shop, or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal