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

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

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

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

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

By Amber L. Younce, Legal Assistant

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

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

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

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

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

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

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

By Amber Younce, Legal Assistant

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

Independence Day originally started as a celebration for the United States liberation from Great Britain. Over the years, culture has shifted, and this has become a day when people of all ages flock towards the beaches for relaxation and time with family and friends. Popular hangout spots, such as Masonboro Island, Mason’s Inlet, and the North End at Carolina Beach, have drawn crowds to Wilmington. Due to an increase in safety concerns in the area during popular holidays, such as Memorial Day and July the fourth, law enforcement has increased patrols and monitoring of the waterways, beaches, and surrounding areas.
As of yesterday, emergency officials have already begun preparation for the upcoming weekend. Local news stations report that both the North Carolina Department of Highway Patrol and area law enforcement alike will have increased patrols in an effort to “keep everyone safe.” Wrightsville Beach Police Department reports the main issues they have seen in the past on this holiday are underage drinking and illegal water taxis. Wrightsville Beach Police will work closely with the United States Coast Guard in an effort address these concerns. Those caught without proper permits and or fail to meet other regulations could face hefty fines.
It is equally important to understand the long-term consequences of underage drinking. Consumption of alcohol has many negative health consequences, but if one is caught drinking and driving, and or drinking underage, the monetary fines and long term implications are severe. The State of North Carolina has a zero-tolerance policy for underage drinking and driving; offenders could face fines up to $500, be sentenced to serve community service, attend DWI Treatment court, and complete two alcohol education courses. Ramifications of being charged with this crime include having to tell future employers of the charges, as well as universities to which you may be applying.
For those over the age of 21, consequences of drinking and driving are still cause of concern. A DWI charge can result in imprisonment for up to three years, fines up to ten thousand dollars, and license suspension. The process of obtaining your driver’s license after suspension due to DWI can prolong the emotional and financial effects of the charges; the defendants face the possibility of having an ignition interlock installed and face an increase in insurance premiums.
Attorney David Collins has over 20 years of experience in the legal field, focusing on criminal defense matters. Mr. Collins has helped many clients facing underage drinking, fake ID, DWI, drunk and disorderly, and possession of open container charges. If you or someone you know is facing criminal or traffic charges, please give our office a call at (910) 793-9000.
By: Brittany Bryant, Legal Assistant

This past Memorial Day weekend, Wilmington officials reported numerous traffic violations and accidents. According to news sources, there were approximately six deadly crashed that occurred throughout the state, one of which tragically took the lives of a newborn and toddler in Pender County. In all, seven people lost their lives in these accidents over the weekend. Half of these incidents occurred in the Cape Fear region. The number of fatal crashes has reduced since last year, however, one life lost is still one too many. Always wear your seatbelt and be alert and aware of your surroundings.

Efforts to improve motor vehicle safety were noted over the weekend as well. State troopers reported close monitoring of speed in Brunswick County, issuing around one dozen tickets for speeding. Highway patrol reported giving an additional 160 citations in the Cape Fear region this weekend alone.

Last Saturday night, the Wilmington Police Department hosted a checkpoint at the intersection of Market Street and 15^th Street, leading to over 70 charges. Out of these charges, 10 were DWI related.

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

By Brittany L. Bryant, Legal Assistant at Collins Law Firm

The aroma of hotdogs and hamburgers is soon going to fill the air! Memorial Day is upon us! Most know this holiday as one filled with family cookouts and time spent at the beach. Wilmington natives avoid traffic, as they know this city is a premier destination for those all over the state. For tourist’s driving to the local area, it is advised to leave home early in order to help avoid traffic that occurs on the highways. This year, the NCDOT is halting construction projects on major highways in an effort to help its citizens reach their holiday destinations safely and without strife. According to the NCDOT website, NCDOT will put on hold most construction projects along interstate, N.C. and U.S. routes from 4 p.m. on Friday, May 22, until 9 a.m. on Tuesday, May 26, with these exceptions:

• U.S. 158 (Elizabeth Street) in Elizabeth City is reduced to one lane in each direction from Road Street to the Pasquotank River Bridge for resurfacing and construction of a new bridge;
• U.S. 264 in Dare County will be reduced to one of two lanes controlled by temporary traffic signals in three locations for the replacement of three bridges. Lane closures are located between Stumpy Point and the Hyde County line;
• Two bridges in Brunswick County on N.C. 211 over the Honey Island Swamp will have intermittent lane closures in order for crews to realign the roadway and replace both bridges and approaches;
• Third Street in New Hanover County is closed for a bridge replacement with a signed detour;
• I-85 southbound between the Virginia state line and the U.S. 1 interchange will have lane closures in place day and night as crews work to strengthen the shoulders and patch concrete; and
• I-73 in Guilford County is reduced to two lanes in each direction between Wendover Avenue and I-85.

Today, the NCDOT launched its “Click It or Ticket” campaign. This campaign reminds drivers and passengers alike that everyone in the vehicle must properly wear their seat belts at all times. Not wearing a seat belt is unsafe and costly; court costs for this infraction are typically around $160.00.

With most activities that occur during the holiday, adults will be drinking alcoholic beverages. Please remember to have a designated driver if you plan on drinking. According to MADD (Mothers Against Drunk Driving), every two minutes, a person is injured in a drunk driving accident.

If you will be in the waterway’s this weekend, remember to wear proper life jackets. In 2013, the U.S. Coast Guard counted 4,062 accidents, 560 deaths, 2,620 injuries, and approximately $39 million dollars of property damage as a result of recreational boating accidents. Where cause of death was known, 77% of fatal boating accident victims drowned. Of those drowning victims, 84% were not wearing a life jacket.

May is also Motorcycle Awareness Month. Be sure to share the road and check all areas surrounding your vehicle before changing lanes.

If you or someone you know have been hurt in a boating or motorcycle accident, or is seeking representation in a criminal or traffic matter, please call the professionals at Collins Law Firm for a confidential consultation at 910-793-9000.

By: Brittany Bryant, Legal Assistant

On Tuesday night, May 12, 2015, an Amtrak train traveling from Washington, DC to New York City derailed in the Port Richmond neighborhood of northeast Philadelphia, leaving at least seven people dead and more than 200 injured. At 9:30p.m, during this seemingly normal commute, Amtrak Northeast Regional Train 188 approached a bend, traveling at a speed of 106 MPH, more than twice the speed limit (of 50 MPH) in this area of the track.

Investigators are now trying to determine the cause of this terrifying accident; is the engineer to blame, did equipment fail, or was something even entirely different the cause of this tragedy?  Some believe that the real issue is the absence of available safety technology which could have prevented the derailment of Amtrak Train 188.  When using this safety technology called Positive Train Control (PTC), especially equipped trains receive reliable and functional information, preventing unsafe train movements and thereby preventing accidents from happening.  PTC Systems monitor the movement of trains and take control over a train in case of human error.

In 2008 Congress mandated the implementation of PTC technology across most of our nation’s railroads by the end of 2015.  While Amtrak has already installed the technology in parts of its Northeast Corridor, questions remain as to why the technology was not available on a critical stretch, the curve in the Port Richmond neighborhood, where Amtrak Northeast Regional Train 188 derailed this past Tuesday night.

For many involved in this tragic accident, questions rise on how to cope with their losses and how to move on.  Obviously, those who were killed in the accident cannot be brought back to life, injuries that were sustained cannot be undone.  However, damages which can be recovered are compensation for the pain and suffering of the injured or deceased, expenses for medical care as a result of the injury, and so on.  Further investigation of the accident will reveal if punitive damages can also be recovered.

Amtrak’s liability however is capped at $200 million per accident.  While $200 million appears to be a large amount, in an accident as large as this one, the funds can become depleted quite quickly.

If you or someone you know have been hurt in a train accident, please call the professionals at Collins Law Firm for a free confidential in depth consultation at 910-793-9000.

By Jana H. Collins

There are many risks associated with the liberal consumption of alcohol. The most significant risk is when a person hazards a motor vehicle crash due to having too high a concentration of alcohol in their system while driving. Since 1993, it has been illegal to drive with a BAC of 0.08% or higher in the state of North Carolina. Even so, almost 2,000 people under 21 are killed yearly in car crashes in which alcohol was involved .

It is important for young people to remember that North Carolina has a strict zero tolerance policy where underage drinking and driving is concerned. If a chemical test performed on an underage person confirms that there is any alcohol present in their system (and that individual was operating a vehicle at the time), then that driver can and most likely will be charged with violating N.C.G.S.  20-138.3  (Driving by person less than 21 years old after consuming alcohol or drugs, which prohibits a person less than 21 years old to drive a motor vehicle on a highway or public vehicular area while consuming alcohol or at any time while he has remaining in his body any alcohol or controlled substance previously consumed, unless they drive with a controlled substance in his body which was lawfully obtained and taken in therapeutically appropriate amounts.).  If convicted for a DWI, the offender can face imprisonment (up to three years), a fine (of up to $10,000), and a license suspension. Depending on the situation, in addition to being charged with a DWI, the offending minor may also be charged with distributing alcohol to other minors, possession of false identification, and soliciting alcohol, among other charges.

The health effects of drinking at a young age can be severe. The human brain continues to develop into the early 20’s, and human brain-imaging studies have shown that those who drink heavily in their teen years may halt brain development and even cause permanent cognitive defects. Young people who drink are far more likely to do poorly in school as alcohol use can cause lack of focus, trouble with memory, depression, and anxiety. Statistics show that the younger individuals are when they begin drinking, the greater their chances are of having problems with alcohol abuse later in life. Teens that drink alcohol are far more likely to have unprotected sex, increasing the risk of contracting a sexually transmitted disease and/or becoming the victim or perpetrator of sexual assault. For young women, the risk of becoming pregnant is also more prevalent. Alcohol abuse may even lead teens to experiment with other drugs, including marijuana, cocaine, and heroin.

Recently, the prosecutor’s office in New Hanover and Pender Counties (with offices in Wilmington and Burgaw), raised the consequences for those charged with underage drinking. Offenders may be required to pay fines totaling between $200 and $500 dollars, perform community service, attend DWI Treatment court for no less than 2 hours, complete two alcohol education courses: the Street Safe Teen Alcohol Education Course, and the New Hanover Regional Medical Center Youth Offender Course. Each class costs $75 dollars and takes 2-4 hours to complete. Overall, those charged with underage drinking face expensive and time consuming penalties.

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 many college students or others charged with crimes involving fake IDs.  In most underage drinking cases, with clients with no prior criminal history and without egregious facts, we have 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:  Rebekka Sekeres, Legal Assistant

Cinco de Mayo, Spanish for “5^th of May,” is a widely-celebrated holiday in the United States. In Mexico, it is considered a minor holiday,  not to be confused with Mexican Independence Day, which happens on the 16^th of September. Cinco de Mayo commemorates the Mexican army’s 1862 victory over France at the Battle of Puebla during the Franco-Mexican War. The battle was led by Texas-born General Ignacio Zarazoga, who commanded his poorly-supplied and greatly outnumbered Mexican troops against the 6,000-strong French force of General Latrille de Lorencez. Beginning at daybreak on May 5^th, 1962, the French army attacked the city of Puebla de Los Angeles. The French forces retreated in the early evening, having lost nearly 500 soldiers, while fewer than 100 Mexicans had been killed in the battle. Although this victory was not a major strategic win in the overall war against the French, the success of the troops at Puebla became a symbol of Mexican resistance to foreign domination. The war would eventually end almost six years later, with support of the United States military and political pressure.

In the United States today, festivities are most prominent in areas with a large Mexican-American population, and, in Mexico, celebrations occur most heavily in the Puebla region. The occasion is marked with parades, mariachi bands, Mexican folk dancing, and, of course, traditional Mexican food and drink in celebration of Mexican culture and heritage. Traditional foods include Mole Poblano, Chalupas, and Chiles en Nogada. Revelers may sip on sangria, margaritas, and Mexican beer, aka cerveza.

While Wilmington festivities will remain tame compared to celebrations in other cities, local restaurants are gearing up for the holiday with food and drink specials to mark the occasion. One local favorite, El Cerro Grande, promises an “epic fiesta” at each of their three locations. Many chain restaurants are also marking the occasion: Taco Bell® will reportedly be giving out free breakfast food, while Moe’s Southwest Grill® will be giving away t-shirts. Restaurant-goers are sure to see specials aplenty on margaritas, tequila, and cervezas; sombreros may or may not be optional.

With alcohol such a big part of many people’s Cinco de Mayo festivities, it’s no surprise that drunk driving is especially high on “Cinco de Mayo”.  At Collins Law Firm, we have over 20 years experience handling DWI/DUI’s and other criminal and traffic matters. If you or someone you know is charged with a crime or gets hurt during the celebration, please call our office at (910) 793-9000 for your confidential consultation.

By Rebekka Sekeres, Legal Assistant at Collins Law Firm

This weekend, April 8-12, 2015, is the 68th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.

This year the festival includes a concert by Nelly! Since entering the spotlight in 2000 with his hit album, County Grammar, Nelly has left an enormous mark on the music industry as a multi-platinum, Grammy Award-winning rap superstar, entrepreneur, philanthropist, and actor. He has been the recipient of multiple American Music Awards, a Nickelodeon Kids’ Choice Award, Soul Train Music Awards, and MTV Video Music Awards. In 2009, he took on a recurring role in CSI: NY, and has more recently joined the cast of the BET sitcom The Real Husbands of Hollywood. His philanthropic work includes the launch of the Jes Us 4 Jackie Foundation in 2003, which aimed to educate and spread awareness about the need for bone marrow and stem cell transplant donations. His foundation was co-launched by his sister, Jackie Donahue, who sadly passed away from leukemia in 2005. Nelly continues to use his influence to spread awareness about bone marrow and stem cell transplant donations, and has been credited with hosting the largest African American bone marrow drive to date. Nelly takes the Miller Lite Main Stage at 7:00 pm on Friday, April 10^th.

While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and in the revelry many people will be charged with alcohol related crimes including open container, driving while impaired  or driving under the influence (DWI/DUI), fake i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes. Following 2011’s Azalea Festival, it was reported that the Alcohol Law Enforcement (ALE) cited or arrested 216 people over the course of the festival’s weekend. In total, their agents filed 308 charges, including 107 charges of underage possession of alcohol, 15 charges of using a fake ID, and 15 charges of possession of marijuana. Two businesses were cited for alcohol incidents in which minors were involved. Then, in 2012, Highway patrol, with the assistance of various checkpoints in and around Wilmington, made over 100 DWI arrests during Azalea Festival Weekend.

This year’s festival will also feature a heavy presence of law enforcement officials. The City of Wilmington has agreed to provide a minimum of 35 officers and 50 police vehicles, while the New Hanover County Sherriff’s Office will have about 60 officers present throughout the course of the festival week. Some of the officers and deputies will walk through the event undercover, mostly as part of the vice and narcotics units. It is almost a certainty that Highway Patrol will also be hard at work this weekend, quite possibly with the help of their “Booze It & Lose It” Bus. This special DWI command features multiple breathalyzers and an on-board magistrate, which is ideal for citing violators at the scene.

If you are charged with any type traffic charge or crime in our area, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have the charges reduced, or even dismissed.  Sometimes, volunteer service can be completed as part of the agreement, and can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

By Rebekka Sekeres, Legal Assistant at Collins Law Firm