New Hanover County was founded in 1729 and was named after the House of Hanover.  It has an estimated population of 228,657 as of 2019.  

New Hanover County is known for its history – two of the biggest historic attractions are the Fort Fisher State Historic Site and the USS North Carolina. The Fort Fisher Battlefield is located in Fort Fisher. At Fort Fisher, visitors have a chance to get up close and see where the Battle of Fort Fisher was held. Visitors can also go inside the USS North Carolina, which became one of the first ten fastest battleships to join the American Fleet in World War II.

In addition to the Fort Fisher Battlefield and the Battleship, there is historic Downtown Wilmington with its mile-long Riverwalk along the Cape Fear River. It was named “Best American Riverfront” by USA Today in 2014.  There are various local shops, and restaurants and bars, where you can watch the passersby while enjoying a nice meal or drink in this beautiful scenery. 

New Hanover County has a countless other attractions which make it a very popular location to visit in Southeastern North Carolina.  The most popular locations to visit are the beautiful beaches: Wrightsville Beach, Carolina Beach, and Kure Beach.  Especially when the weather is nice, visitors as well as residents enjoy these beautiful beaches and beach towns, and take advantage of countless opportunities like boating, scuba diving, and surfing—Wrightsville Beach was named one of the “World’s 20 Best Surf Towns” by National Geographic Magazine.

Usually, around this time of year, New Hanover County’s residents as well as visitors, would be preparing for the Azalea Festival, where thousands of people flock to celebrate by attending concerts, the Garden Party, art shows, and other exciting festivities.  However, for the first time in it’s 73-year history, the Azalea Festival has been cancelled due to the COVID-19 pandemic. 

By Karen M. Thompson, Paralegal

In 1939, the American Sociologist, Edwin Hardin Sutherland introduced the concept of white-collar crime, and defined it as “a crime committed by a person of respectability and high social status in the course of their occupation.”

While criminal prosecutions primarily take place on a state level, white- collar crimes are often prosecuted on the federal level, often because they are committed crossing state lines.

In the result of a white-collar crime, there is generally a financial gain at the expense of another, and there is no violence involved.

Some examples of white-collar crimes are: Fraud, identity theft, embezzlement, money laundering, employee theft, credit card theft, asset forfeiture, mail and wire fraud, and last but not least, extortion.

If charged with a white-collar crime one faces financial penalties, or even prison time, depending on the specific allegations. In many situations however, one’s professional license can be compromised in the result of a conviction or even just an investigation for an alleged white -collar crime.  Therefore, it is important to consult with an attorney as soon as you become aware of an investigation or a charge pending against you.

If you are charged or investigated for an alleged white-collar crime in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

In an attempt to ensure school bus safety, the North Carolina State Highway Patrol is taking proactive steps by launching their annual week-long statewide Operation Stop Arm beginning today, October 15, 2018.   State Troopers will be aggressively enforcing stop arm violations and other traffic violations in and around school zones statewide through the end of school Friday, October 19, 2012.

Colonel Glenn McNeill Jr., commander of the State Highway Patrol said:  “Every child should be afforded a safe means of travel as they attend their respective educational institution”, and that “While this operation is scheduled to conclude on Friday, our efforts will continue throughout the school year.”

As a reminder, we have listed what you are and are not allowed to do with respect to a stopped school bus:

• Two-lane road – Everyone must stop
• Four-lane road with no separation – Everyone must stop
• Four-lane or more with a median or some physical barrier – Only traffic following the bus must stop
• Center turn lane with less than four lanes – Everyone must stop
• Center turn lane with at least four other lanes – Only traffic following the bus must stop

Pursuant to North Carolina State Law (N.C.G.S. §20-217), a driver must stop when a school bus is displaying its mechanical stop signal or flashing red lights and the bus is stopped for the purpose of receiving or discharging passengers, the driver of any other vehicle that approaches the school bus from any direction on the same street, highway, or public vehicular area shall bring that other vehicle to a full stop and shall remain stopped. The driver of the other vehicle shall not proceed to move, pass, or attempt to pass the school bus until after the mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has started to move.

Consequences for motorists who fail to comply with school bus safety rules:

• Minimum fine of $500 and a Class 1 misdemeanor if you pass a stopped school bus
• Minimum fine of $1,250 and a Class I felony if you pass a stopped school bus and strike someone
• Minimum fine of $2,500 and a Class H felony if someone is killed

While drivers are required by law to stop when a school bus is loading or unloading passengers, it is also very important for parents to talk to their children and instruct them to stop and look both ways when getting on or off of the school bus, just in case a driver does not stop for the stopped bus for any reason.

If you or somebody you know receives a citation for not complying with school bus safety rules or face any other kind of traffic or criminal charges in our area, Collins Law Firm can help.  We have handled thousands of traffic tickets for our clients, and we offer free phone consultations for most traffic or criminal matters. Please call us for a confidential consultation at: 910-793-9000.

By Jana Collins, Office Manager

You may want to think twice before using a fake ID in New Hanover or Pender County from now on.  Starting October 1, you will face more penalties in court if you are caught using a fake ID.

District Attorney Ben David announced some changes to the underage drinking deferred prosecution program dealing with fake ID’s to try to make things a little bit more serious.  Today, the program includes a requirement where defendants have to go to New Hanover Regional Medical Center on a Friday night to be exposed to some of the trauma resulting from drinking and driving. They also are required to spend a couple of hours in DWI treatment court for educational purposes. In addition to these requirements, those who are charged with a fake ID offense after October 1^st will have their license taken by the court for 60 days.

These changes are not only put in place to do things such as combat identity theft, but also to save lives.  Statistics show that other states that also enforce these types of programs have seen a 7% reduction in fatal accidents. When put into perspective, that is equal to saving one young person’s life per week.

Some people under the age of 21 pay nearly $200 to order a fake ID online and are giving away crucial information to their identity such as their social security and license number. Not only do these things put them at risk for identity theft themselves, but it is very dangerous. These ID’s have become extremely difficult to spot in the recent years, but bars, restaurants, grocery stores, etc. are starting to crack down and become better at detecting fake ID’s.

We encourage all high school and college students in New Hanover, Pender, Brunswick, and surrounding counties to be safe and never purchase or use a fake ID. However, should you find yourself in trouble and need to hire a lawyer or know of someone who does, Collins Law Firm can help. Give us a call at 910-793-9000 for a confidential consultation.

By Kimberlin Murray, Legal Assistant

This week, many North Carolina children said goodbye to their summer break and began the 2016-2017 school year.  For many students, this involves riding a school bus to and from school. There are thousands of school buses traveling North Carolina highways daily, which means that it is incredibly important for drivers to pay attention to the road and avoid distractions in order to keep everyone safe.

It is extremely important for drivers to be cautious, aware, and patient on the road, especially around crosswalks, schools, and buses at this time of the year.

Drivers are required by law to stop when a school bus is loading or unloading passengers, but it is also important for parents to inform their children to stop and look both ways when getting on or off of the school bus, just in case a driver does not stop for the stopped bus for any reason.

Everyone must stop if it is a:

• Two-lane road (with or without turning lane)
• Four-lane road with no separation
• Center turn lane with less than 4 lanes

Only drivers following the school bus need to stop when there is a:

• Center turn lane with at least four other lanes
• Four lane road or more with a median or some sort of physical boundary

According to North Carolina State Law (N.C.G.S. 20-217), a driver must stop when a school bus is displaying its mechanical stop signal or flashing red lights and the bus is stopped for the purpose of receiving or discharging passengers, the driver of any other vehicle that approaches the school bus from any direction on the same street, highway, or public vehicular area shall bring that other vehicle to a full stop and shall remain stopped. The driver of the other vehicle shall not proceed to move, pass, or attempt to pass the school bus until after the mechanical stop signal has been withdrawn, the flashing red stoplights have been turned off, and the bus has started to move.

Consequences for motorists who fail to comply with school bus safety rules:

• $500 penalty and five-point penalty to your driver’s license if you pass a stopped school bus
• Minimum fine of $1,000 and a Class I felony if you pass a stopped school bus and strike someone
• Fine of $2,500 and a Class H felony if someone is killed

If you or somebody you know receives a citation for not complying with school bus safety rules or face any other kind of traffic or criminal charges in our area, Collins Law Firm can help. Please give us a call at 910-793-9000 for a confidential consultation.

By Kimberlin Murray, Legal Assitant at Collins Law Firm

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

Summer is drawing to an end and college classes are set to resume in a few weeks. For many, the beginning of college is full of excitement, as students are no longer under the watchful eyes of their parents. Unfortunately, this lack of parental supervision tempts many into making decisions that they would not normally make. Often times, temptations such as underage drinking and/or using a fake ID cause bad situations for those caught breaking the law. When caught by law enforcement, reality sets in and can cause panic: How should you handle these charges? How will charges such as these affect my future? What will my parents or coach say? What is my next step?

Fortunately, Mr. Collins is here to help those facing charges related to underage drinking. As of last fall, New Hanover and Pender County implemented new policies for those charged with underage drinking. These policies are designed for first time offenders (those not previously convicted of drug or alcohol offenses) and aim to educate youth on the harmful consequences of underage drinking while avoiding permanent charges to their criminal record. Offenders should be prepared to face at least 12 months of unsupervised probation, observe DWI Treatment court, participate in the Youth Offender Course at New Hanover Regional Medical Center and the Street Safe Alcohol Education Program (reflection essay to follow), and to serve community service hours.

Attorney David Collins has over 20 years of experience in the legal field, and has represented many people charged with underage consumption or possession of alcohol, and those charged with crimes involving fake IDs. In most underage drinking cases, with clients with no prior criminal history and without egregious facts, Mr. Collins has been able to have the charges dismissed. If you or someone you know has been charged with a crime involving underage consumption or possession of alcohol or a fake ID, call us at (910) 793-9000 for a confidential consultation.

By: Brittany Bryant, Legal Assistant

A new policy in the Fifth Prosecutorial District that affects youths charged with underage drinking has gone into effect as of late November of 2014. This new policy will reshape the requirements for those who enter into a deferred prosecution agreement for an underage drinking charge. The goal of this new program is to help young offenders by teaching them the risks and consequences of underage alcohol consumption as well as avoiding a permanent mark on their criminal record. This program will only be offered to first time offenders that have not previously been convicted of any drug or alcohol crimes.

The requirements include, but are not limited to, 12 months of unsupervised probation, observation of DWI Treatment Court, participation in the Youth Offender Course at New Hanover Regional Medical Center and the Street Safe Alcohol Education Program (followed with an reflection essay), and Community Service.

The eligible offenses for the new Underage Alcohol Deferred Prosecution Program are as follows:

If you or someone you know has received an underage drinking ticket, or any of the above listed charges in Southeastern North Carolina, then call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Rachel Reynolds,  Paralegal

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