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

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

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

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.

The holiday season is in full swing and so is the North Carolina “Booze It & Lose It” Campaign, created by State Transportation Secretary Gene Conti in an effort to remove impaired drivers from the road and keep our citizens safe. Checkpoints and increased patrol began on December 6th and will continue through January 2, 2013, to help reduce the rising number of alcohol related crashes, injuries and fatalities state wide.

Driving while under the influence is a violation of North Carolina General Statute § 20-138.1

N.C.G.S. § 20-138.1.  Impaired driving.
(a)        Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1)        While under the influence of an impairing substance; or
(2)        After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or
(3)        With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
(a1)      A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

Last year, 3,600 North Carolina Drivers were charged with DUI / DWI during the month long holiday campaign and that number is expected to increase this year. Not only does drinking and driving put you at risk of getting arrested at a checkpoint or during a traffic stop, it puts your life and the lives of others in danger.  In fact, drunk drivers with a blood alcohol concentration (BAC) of 0.08, the legal limit, are 11 times more likely than a sober driver to be in a motor vehicle accident. This likelihood increases with the increase of the BAC level.  With odds like that, why risk it?

In 2011, there were more than 950 alcohol related crashes in North Carolina during the “Booze It & Lose It” Campaign spanning from December 3rd – January 3rd. Those 950 crashes resulted in 44 fatalities and 702 injuries- some of which were innocent victims and not the drunk driver themselves.

If you find yourself questioning weather you had too much eggnog at your office holiday party, don’t 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.  If you or someone you know have any legal needs this holiday season call Collins Law Firm at (910) 793- 9000(910) 793- 9000.

By Lauren Seidel, Paralegal

North Carolina Laws require the NC Division of Motor Vehicles to revoke an underage person’s license as required by G.S. 20-17.3 for violating various provisions of the alcoholic beverage regulations including aiding and abetting and attempting to violate certain regulations.  However, there are ways to legally avoid the revocation of your license if you are accused of violating these regulations.  Call Collins Law Firm for a consultation if you have any questions or need legal representation at:  910-793-9000.

Selected relevant statutes include:

North Carolina Statutes, Chapter 20. Motor Vehicles, § 20-17.3. Revocation for underage purchasers of alcohol

The Division shall revoke for one year the driver’s license of any person who has been convicted of violating any of the following:  (1) G.S. 18B-302(c), (e), or (f):  (2) G.S. 18B-302(b), if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage; (3) G.S. 18B-302(a1).

If the person’s license is currently suspended or revoked, then the revocation under this section shall begin at the termination of that revocation. A person whose license is revoked under this section for a violation of G.S. 18B-302(a1) or G.S. 18B-302(c) shall be eligible for a limited driving privilege under G.S. 20-179.3.

North Carolina Statutes, Chapter 18B. Regulation of Alcoholic Beverages, Article 3. Sale, Possession, and Consumption, 18B-302. Sale to or purchase by underage persons

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.

(b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage.

(c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.

(d) Defense. – It shall be a defense to a violation of subsection (a) of this section if the seller: (1) Shows that the purchaser produced a driver’s license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the purchaser; or (2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age. (3) Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser’s age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller’s agent a drivers license, a special identification card issued under G.S. 20-377.7, a military identification card, or a passport showing the purchaser’s date of birth and bearing a physical description of the person named on the document.

(e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license.

(3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.

(f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

(g) Conviction Report Sent to Division of Motor Vehicles. – The court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.

(h) Handling in Course of Employment. – Nothing in this section shall be construed to prohibit an underage person from selling, transporting, possessing or dispensing alcoholic beverages in the course of employment, if the employment of the person for that purpose is lawful under applicable youth employment statutes and Commission rules.

(i) Purchase, Possession, or Consumption by 19 or 20-Year Old. – A violation of subdivision (b)(1) or (b)(3) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.

(j) Notwithstanding any other provisions of law, a law enforcement officer may require any person the officer has probable cause to believe is under age 21 and has consumed alcohol to submit to an alcohol screening test using a device approved by the Department of Health and Human Services. The results of any screening device administered in accordance with the rules of the Department of Health and Human Services shall be admissible in any court or administrative proceeding. A refusal to submit to an alcohol screening test shall be admissible in any court or administrative proceeding.

(k) Notwithstanding the provisions in this section, it shall not be unlawful for a person less than 21 years old to consume unfortified wine or fortified wine during participation in an exempted activity under G.S. 18B-103(4), (8), or (11).

Anyone can be charged with a crime, and many people are wrongfully accused. Just because someone has been charged does not mean they are guilty. Criminal charges, even wrongful criminal charges, result in criminal records which can affect people for their entire life. Therefore, it is very important that people who are charged take the matter seriously and take appropriate steps to avoid or mitigate the negative consequences of criminal charges. In some cases, it is possible to have criminal records expunged which means the official public records are removed and destroyed by a process called expungement or expunction.

In North Carolina, if a person is convicted of a crime which occurred after they were 18 years of age or older, the conviction cannot be expunged. However, in some cases, it may be possible to reopen a case through a motion for appropriate relief, and thereafter have the charge dismissed. If successful, it may then be expunged. Convictions for misdemeanors which occurred before the defendant was 18 years old may be expunged when certain conditions are met.

Criminal charges for which the defendant was not convicted, i.e. the charges were dismissed or the defendant was found not guilty, may be expunged. However, a defendant may only receive an expungement for a set of charges which all occurred within a 12 month period or which were all disposed in the same term of court. A defendant may only receive one expungement in North Carolina, with a few exceptions.

Criminal charges based on another person using their identity (i.e. identity theft), which are dismissed may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. In addition, charges for which one has received a pardon of innocence may be expunged, and there appears to be no limit on the number of charges which can be expunged under this provision. There are also statutes which provide for expungement of some drug charges which are dismissed pursuant to statutory deferred prosecution provisions.

If you have been charged with a crime and want to discuss the possibility of an expungement or expunction, call Collins Law Firm at 910-793-9000.

The holidays are upon us and most people are attending holiday parties and other holiday events.  Many of these events offer alcohol and law enforcement is aware of that fact.    Enforcement of traffic laws are often increased during holidays and this season is no exception.   Last week alone, for example, there were over 70 people charged with driving while impaired (DWI/DUI) in New Hanover County, NC.  Here is an article in the Wilmington Star News about the stepped up enforcement in New Hanover and Brunswick Counties.

It is not illegal in North Carolina to drive after drinking alcohol, however it is illegal to drive with a blood alcohol level of 0.08 or
higher, or while appreciably impaired due to any impairing substance including alcohol.   Most people are not able to easily determine whether or not their blood alcohol level is above 0.08.

We encourage everyone to use a designated driver, and no one should drive drunk.  While we are certainly not advocates of drinking and driving, if you are charged with driving while impaired, Collins Law Firm can help.  We have been representing people charged with criminal and traffic charges for over a decade in Pender, New Hanover, and Brunswick Counties.

If you are charged with DWI and registered a 0.08 or higher, your NC driving privilege will be revoked for 30 days immediately pursuant to N.C.G.S. § 20-16.5.  However, the statute provides the right for a hearing to contest the revocation if the proper request is filed within ten (10) days from the date of offense.   Defendants charged with DWI/DUI are notified of this right by the Magistrate in writing in the revocation order.   Collins Law Firm is often able to successfully challenge these revocations, and in those cases we are able to have our client’s driving privileges restored immediately without additional costs.   If not successful in the civil revocation hearing, or if the ten days has elapsed, we can usually obtain a pretrial limited driving privilege for the last 20 days of the initial 30 day revocation.  However, obtaining this privilege does require additional costs, and the driving privileges are limited.

Although most people charged with DWI are convicted, in many cases we have been able to avoid convictions altogether for our clients.   When we are not able to avoid a conviction, we can certainly help people understand the consequences of being charged and convicted with DWI/DUI, help our clients receive the minimum punishment upon conviction, and reduce the inconvenience and uncertainties involved with being charged.

If you or someone you know has been charged with impaired driving, or with any criminal or traffic violation, call us for a consultation at 910-793-9000.

The UNCW newspaper, theseahawk.org, recently reported that alcohol violations were up 50% and drug violations were up 23% over the previous year. Students should be aware that if they are convicted of an alcohol or drug offense such as possession of marijuana, underage drinking or possession of an open container, a criminal conviction could remain on their record for the rest of their life. However, there are ways to avoid a conviction and Collins Law Firm has avoided convictions in hundreds if not thousands of cases involving controlled substances or alcohol.

The article also reported that burglaries are down 47% from the previous year which is good news.

Collins Law Firm is located only one mile from the UNCW campus and offers student discounts so UNCW students should feel free to call (910) 793-9000 for a consultation regarding legal matters we handle.