Driving While Impaired (DWI) is not limited to just alcohol. Research suggests that in instances of driving while impaired due to the use of drugs, specifically marijuana appears to have an increased rate of involvement in motor vehicle accidents. Marijuana has been identified most frequently in the blood of drivers involved in accidents, including those that resulted in fatalities. However, it can be difficult to pinpoint whether marijuana impairment plays a direct role in car accidents because the drug can be detected in bodily fluids for days and sometimes as long as a few weeks, while the symptoms of intoxication typically only last a couple of hours.

Studies by the National Highway Traffic Safety Administration suggest that during the early months of 2020 and the rise of the COVID-19 pandemic, driving patterns and behaviors in the United States changed significantly. Among the drivers who remained on the roads, many engaged in riskier behavior, including failure to wear seatbelts, speeding, and driving while impaired by alcohol or other drugs. Another study on seriously or fatally injured car accident victims mentioned that five participating trauma centers reported almost two-thirds of drivers involved in an accident tested positive for at least one active drug, including alcohol, marijuana, and opioids between mid-March and mid-July of 2020.

Until recently, testing for drug impairment has been somewhat problematic due to limitations regarding drug-detecting technology and the lack of a consumption limit for the purposes of determining impairment. Now, a company by the name of “Gaize” has been in the process of developing a new technological device that can detect drug impairment among drivers in the United States. This new technology is the first roadside test for identifying marijuana impairment in drivers. The device consists of goggles, similar to those used in virtual reality, which detects involuntary micro-movements that transmit information about someone’s impairment or sobriety. Gaize conducts the same testing that is performed during a Standardized Field Sobriety Test and captures irrefutable video evidence of eye movement.

With marijuana use increasing dramatically in the United States, this new technology can decipher between heavy users, who may have a large amount of THC in their system but are sober, and infrequent users, who may have a very small amount of THC in their system but are extremely impaired.

If you choose to use impairing substances, be sure to do so responsibly by planning ahead for a sober driver, prevent your friends from getting behind the wheel if they are impaired.

Cheyenne M. Hensley, Legal Assistant

With the recent data for COVID, which includes a continuous decrease in the number of positive tests as well as a constant rate of vaccine distribution, North Carolina Governor Roy Cooper announced this week in the new Executive Order 204 that there will be further easement of COVID restrictions, effective tomorrow, March 26, 2021.

Changes that will be effective tomorrow, 3-26-2021, include the following:

1. The 11:00 p.m. curfew for alcohol sales and consumption at bars and restaurants will be lifted;
2. Museums, aquariums, retail businesses, salons and other personal care shops will be able to have capacity at up to 100% indoors and outdoors, as long as they have the required safety protocols in place;
3. Restaurants, breweries, amusement parks, gyms, pools, and other recreation establishments will be able to have capacity of up to 75% indoors and up to 100% outdoors; and
4. Bars, movie theaters, conference centers, sports arenas, and other venues for live performances can have capacity of up to 50% indoors and outdoors and are subject to masks and 6-feet social distancing.

The mask mandate and social distancing protocols will continue to stay in place across the State.

With respect to students attending in-person classes, the Centers for Disease Control and Prevention (CDC) recently changed its guidelines, stating that students can safely sit three feet apart instead of six feet. Masks and frequent handwashing are still required.

Locally, as of April 12, 2021, New Hanover County students in grades 6-12 will have the option to either attend in-person classes 5 days per week, or they can choose to stay fully virtual.

By Karen M. Thompson, Paralegal

Labor Day 2019 in Southeastern North Carolina is expected to be a busy and dangerous holiday.  Being the holiday weekend that traditionally wraps up the summer season, travelers are anxious to get their last beach trip of the year started, and Star News reported yesterday that nearly one-third more fatal accidents occur on Labor Day weekend than a typical three-day period.  In 2017 alone, 354 fatal car accidents occurred during the Labor Day weekend across the United States, leaving 374 people dead.

The Wilmington Police Department (WPD) has handled over 100 crashes per Labor Day weekend for the past 3 years, with none of those ending in fatalities.  However, DWI-related stops have become more frequent each year and in 2018 alone, WPD responded to 13 DWI-related incidents in the Wilmington area.  A larger and more widespread police presence will be on duty for the holiday weekend, so drivers should continue to be cautious, use turn signals, follow the speed limits, remove distractions like texting, and never drink and drive.  More people on the road simply means more opportunities for car wrecks, and it only takes a moment of distraction to cause a life-altering accident.

In addition to an already-expected increase in traffic, with Hurricane Dorian expected to hit land in Florida early next week, there is concern that evacuees from Florida could cause more traffic congestion on I-95, and some may head our way to escape the torment of the storm.

As well as opportunities for more car accidents, plenty of families will be celebrating this Labor Day weekend, and drinking alcohol is part of many of the events.  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 ID or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation, meaning money damages, for your pain and suffering, medical bills,, and lost wages.

If you are charged with any type of 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 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 a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service 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 Karen M. Thompson, Paralegal

The Good Samaritan Law (now effective in 20 states) went into effect in North Carolina on April 9, 2013. The basis for the law is overdose prevention and survival – get help, CALL 911! Individuals who experience or witness an overdose can now seek help for the victim without being prosecuted for small amounts of drugs/drug paraphernalia, or alcohol for persons under 21 years old under N.C. Gen. Stat. § 18B-302.2 Medical treatment; limited immunity. Additionally, as of August 1, 2015, a person who seeks medical assistance for someone experiencing a drug overdose cannot be considered in violation of probation, condition of parole, or post-release. Likewise, the victim is protected. In order for the immunity to apply, however, the 911 caller must provide his or her name, and act in good faith when seeking assistance, and reasonably believe that he or she is the first person to call for help.

According to a recent statewide survey conducted by the North Carolina Human Resources Center, 88% of North Carolinians say they feel more comfortable calling 911 with this law in effect. With over 44.000 people dying each year in the United States due to drug overdose, one can only hope that this law will help save lives in North Carolina.

By Amber Younce, 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

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

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

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