A Commercial Driver’s License (CDL) is a special driver’s license for those wishing to drive larger vehicles. Every driver is required to hold a CDL to legally operate any vehicle that meets

one or more of these conditions:

– has a gross vehicle weight rating or combination GVWR greater than 26,000 pounds;

– is designed to transport 16 or more passengers, including the driver; and/or

– is transporting a hazardous material or cargo that requires placards.

Possession of a CDL is considered a privilege for drivers and it requires those drivers to abide by other rules in addition to the normal traffic regulations. These include certain violations committed in a Commercial Motor Vehicle (CMV) and those committed in their personal vehicle. Violations to these rules can generally cause a suspension or revocation of your CDL privileges.

A major driving violation that will significantly effect your CDL is Driving While Impaired and other alcohol related offenses

Driving While Impaired (DWI): For commercial drivers in North Carolina, it is illegal to operate any commercial vehicle while under the influence of an impairing substance or with blood-alcohol concentration of .04 percent or higher. DWI is a criminal offense resulting

in a loss of driving privileges for one year following the first conviction and lifetime driver license revocation upon the second conviction, plus court fees (N.C. General Statute 138.1).

NCGS 20-138.2. Impaired driving in commercial vehicle:

(a) Offense — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the 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 0.04 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 NCGS 90-89, or its metabolites in the driver’s blood or urine.

Some others include:

• Driving While Impaired (BAC of 0.06) in a Commercial Motor Vehicle
• Driving While Impaired (BAC of 0.04 or 0.05) in a CMV
• Leaving the scene of an accident involving a CMV you were driving
• Using a CMV to commit a felony
• Vehicular manslaughter offense occurring while operating a CMV
• Driving a CMV during a period your CDL was revoked, suspended, cancelled, or disqualified

A second conviction of any of these offenses will result in a lifetime suspension of your CDL and if any of these offenses occur while you are driving a CMV that is placarded for hazardous materials, your CDL will be disqualified for a minimum of three (3) year.

If you use a CMV to commit a felony involving controlled substances your CDL will be disqualified for life.

A person can also be suspended from driving a CMV for 60 days if you are convicted of two “serious traffic violations” within a three-year period and for no less than 120 days if convicted of three or more serious traffic violations. Some examples of serious traffic violations are:

• Excessive speeding (15mph or more above posted speed limit)
• Reckless driving
• Following too close
• Erratic lane changes
• Traffic offenses committed in a CMV in connection with fatal traffic accidents
• Driving a CMV without obtaining a CDL
• Driving a CMV without having your CDL in your possession

These traffic violations also carry a heavier point system when dealing with a CDL. For example, if a person with a regular license is convicted of Reckless Driving then they will receive 4 DMV points, however if a person with a CDL is convicted of Reckless Driving then they will receive 5 DMV points.

Another important fact to note is that if you carry a CDL and you are charged with a serious violation in your own personal vehicle (non-CMV), it still may affect your CDL if convicted. So, if you or someone you know has been charged with a violation while possessing a CDL, or was charged while driving a CMV, then please call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Rachel R. Reynolds

On August 12, 2013, United States Attorney General Eric Holder announced to the American Bar Association’s House of Delegates in San Francisco, an initiative to curb mandatory minimum drug sentences that the nation is “coldly efficient in jailing criminals,” but it “cannot prosecute or incarcerate” into becoming a safer country.  “Too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason,” Holder said .  The arguments about legalization of drugs in the US include health and social problems, potential tax revenue, and public safety concerns.  However, this speech by our Attorney General focused on alleviating an overburdened prison system housing non-violent people convicted and sentenced to very long prison terms for peaceful drug crimes.  Regarding the debate over legalization, the nation has moved from the question of “if” to the more tangible question of “how,” said Beau Kilmer, co-director of the RAND Drug Policy Research Center and co-author of “Marijuana Legalization: What Everyone Needs to Know.”

A Pew Research Center poll in 1969 indicated that 12% of Americans supported the legalization of marijuana, and the same study estimated that at that time, four in 100 Americans had recently smoked marijuana. In 2013, a Gallup poll found that the number of Americans supporting legalization had risen to almost 50%.  In recent years, 20 states plus the District of Columbia have legalized medical marijuana.  Colorado and Washington State have legalized marijuana for recreational use.  Oregon is likely to do so in the near future. According to the National Organization for the Reform of Marijuana Laws (NORMAL), sixteen States have decriminalized possession of small quantities of marijuana beginning in the early 1970’s.

Recently the National Institute on Drug Abuse (NIDA) has begun to comment on increasing sentiment of Americans for the legalization or at the least liberalization of marijuana laws.  In response to a campaign by the Marijuana Policy Project, which stated that marijuana is “less toxic” than alcohol, NIDA said that:  “Claiming that marijuana is less toxic than alcohol cannot be substantiated since each possess their own unique set of risks and consequences for a given individual.” PolitiFact, which fact-checks claims made by politicians and special interest groups agreed that the claim that marijuana is less toxic than alcohol was “mostly true.”  They quoted studies from the Centers for Disease Control’s (CDC) National Center for Health Statistics which revealed that more than 41,000 deaths were tied to alcohol in 2010, while zero were reportedly linked to marijuana. In addition, the CDC lists “1.2 million emergency room visits and 2.7 million physician office visits due to excessive drinking.”  None were reported due to excessive marijuana use.

Mark Kleiman is a UCLA public policy professor who has been asked by government officials to help fashion the legal framework for Washington’s recreational marijuana business.  He said about Arkansas’ recent medical marijuana vote which failed by a close 51% to 49% vote:  “When 49% of voters in Arkansas are voting for legal pot, we aren’t in Kansas anymore.”

However, President Barack Obama’s drug czar, Gil Kerlikowske, was quoted in 2010 as saying that the push towards legalizing marijuana was a “nonstarter.”  The Office of National Drug Control Policy indicates that his statement holds true today.  But at the same time, the Office of National Drug Control Policy emphasizes that the administration’s 2013 drug policy takes a new tack with the realization that America can’t arrest its way out of its longtime drug epidemic.  The Administration’s new policy, announced in April, favors “prevention over incarceration, science over dogma and diversion for nonviolent offenders.” And they continue to say that arguments for marijuana legalization “run counter to public health and safety concerns.”

Meanwhile the federal government’s stand is moving slowly, the states are expected to continue leading the movement towards legalization. Alaska will likely put a complete legalization ballot before voters next year, and Maine, Rhode Island, California and Oregon may give voters the option in 2016.  “I think a lot’s going to depend on how legalization plays out in Colorado and Washington — also, how the federal government responds,” Kilmer said. “We still haven’t heard how they’re going to address commercial production facilities in those states.”  The next White House administration could take a harsher stance against the state’s movement towards legalization.  One thing is clear – the nation is a lot closer to the repeal of prohibition of marijuana than it has been in many decades.

This wave of changes in our country does not diminish the fact that possession of marijuana is still illegal in North Carolina – a misdemeanor for less than an once and a half, and a felony for quantities greater than an once and a half.  If you are charged with the illegal possession of any drug, or other contraband in or around the Wilmington NC area, call Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation about how we can help.

The Wilmington Star News recently reported that there are additional precautions in place for this year’s annual Fourth of July bash on Masonboro Island which will be focused on public safety. However, Richard Johnson founder of Masonboro.org, which is a volunteer organization dedicated to protect public access to the island, says as conservationists their group has solved the problem of leftover trash – by assuming responsibility for removing it.  Mr. Johnson said that the “amount of trash we picked up two years ago was 2,500 pounds. Last year, it was 4,000. . . . I don’t like it, but if the party is going to be there and the trash is going to be left behind, Masonboro.org is going to be there to clean it up.”

Trash and beer cans left on the island is the most visible remnant of the party, according to the Wilmington Star News (the Star News).  The annual event draws hundreds of revelers to the island each year. The Star News reported that many get to the festivities by hitching rides on boats with people they don’t know and are left stranded on the island after the party, with no way back to the mainland. Last year, nearly 1,500 people came to party, resulting in a handful of drunken fistfights and more than 130 injuries requiring medical attention.

Wilmington Star News reported that David Cignotti, mayor of Wrightsville Beach said:  “It’s important that all the agencies talk and coordinate, and that’s what we’ve attempted to do. . . . Adding additional police protection there will probably help temper some folks and some of their activities. We’re going to be getting out early, because a lot of folks will get picked up on Wrightsville Beach and transported over, and we’re going to crack down on that activity. . . .  To take money and take people over there, you need a business license from the town, and you should not be using our public parks to take people over there.”

If the stepped up preventative efforts fail to alleviate the problems despite the outreach efforts and increased security, state agencies may pursue other control measures. Masonboro.org members have bristled at the possibility of new regulations for reserve sites that could change the way residents are able to use the island, saying that people who visit the shore responsibly shouldn’t be punished for the antics of out-of-towners occurring on one day each year.  Collins Law Firm agrees. “We heard resoundingly from our membership that they felt they shouldn’t be penalized,” Johnson said. “We really are pretty passionate about keeping things the way they are.”

The local paper at Wrightsville Beach, The Lumina News reported that water taxis transporting revelers to Masonboro Island for the Fourth of July will be under increased scrutiny this year as the Wrightsville Beach Police Department hopes to eradicate private individuals from operating illegal water taxis.

The Lumina News reported that in the past, Wrightsville Beach Police Chief Dan House said that “when boaters offer to carry passengers to and from private and public docks around Wrightsville Beach to Masonboro Island in exchange for money it contributes to the issues on both islands . . . [and] that he thinks the situation will be better managed than last year. . . . That bleed-over that we get from Masonboro is what we are trying to shut down. . . . [p]eople come back over here, usually drunk and causing problems so we are going to really focus on the water taxis.”

Wrightsville Beach Town Manager Tim Owens indicated that the Town has not issued any business licenses for water taxis anyone operating a taxi will be in violation of a town ordinance. Also the United States Coast Guard could charge operators in violation with federal law if they don’t have a captain’s license. Chief House reportedly said that his officers did not begin patrolling the docks and actively searching for water taxis until around 11 a.m. after which time many partiers had already been ferried to the island.

The Lumina News reported that this year a command center will be set up at the United States Coast Guard Station at Wrightsville Beach comprised of representatives from the Wrightsville Beach Police Department, the Wrightsville Beach Fire Department, the Wrightsville Beach Ocean Rescue, the Wilmington Police Department, the New Hanover County Sheriff’s Office, the New Hanover County Emergency Management, the New Hanover County Fire Department and the New Hanover Regional Emergency Medical Services. From the command center, Chief House indicated that all organizations involved would be able to more effectively deal with unruly situations that may arise on Masonboro Island.

Chief House also said that on the Wrightsville Beach strand, he expects more citations for alcohol and glass on the beach to be issued. The Lumina News wrote that Chief House said due to the increased signage indicating the prohibition of glass and other banned substances: “There is no way anyone can walk out on the beach without seeing it,” he said. “If they come from a private residence they could say that but … we are going to be reluctant to uphold any appeals if their excuse is, ‘I didn’t know.’”

Illegal fireworks are also a typical issue for law enforcement to deal with on the Fourth of July evenings. Chief House said that this year his department would be working with officers from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District Attorney’s office to increase law enforcement to stop the use of such fireworks on the Fourth of July.   The Lumina News reported that Chief House said “Our policy in the past has been to go over there, ask whose fireworks they are and nine times out of 10 nobody claims them so we seize them, because they are illegal, and turn everything over to ATF,” he said. “There are certain areas we know have fireworks on the island that we have had problems with; and we have already spoken with either the homeowners or businesses and let them know … just to give them a fair warning so hopefully it will go better than it has in the past.”

The Fourth of July is America’s Birthday.  On July 4th, 1776, our founding fathers formally executed the Declaration of Independence, which formally declared the revolt and refusal to submit to the abusive exercise of authority of our previous supreme ruler:  Great Britain.  The Declaration of Independence in its conclusion proclaimed:  We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Today’s events are part of our country’s celebration of the founding of our country.  Today is the 237th anniversary of the our Declaration of Independence from Great Britain.

In response to the recent reports of dramatically increased efforts by law enforcement and other organizations to put an end to the rowdy celebrations on Masonboro Island during, and presumably more specifically to the threat of imposition of regulations restricting access to the island, Richard Johnson, the founder of Masonboro.org, wrote a letter to the editor of the Wilmington Star News which was published in late June, 2013.  Here is a reprint of Mr. Johnson’s letter the editor:

In the recent article about officials cracking down on the annual island bash, state officials made some key points that could shape public opinion. Unfortunately, these points were just not true. The first one states that the party wreaks havoc on the island … not true. The party takes place on a small spit of land on the north end that represents less than .01 percent of the island. The second point mentions heaps of trash scooped up the next day by Coastal Reserve staff members. For the last three years, Masonboro.org has handed out trash bags and removed trash during the party. When the party is over, the trash is gone. There are no huge piles of trash left behind. Last year over 50 Masonboro.org members – with the help of Waste Management – removed and recycled 4,000 pounds of trash. I am also skeptical about the mention of 130 injuries. Our volunteers only saw a handful of people seeking out medical attention. Most of these were from stepping on oyster shells.  Finally, we take issue with the statement: “This is the last place this type of activity should be occurring.” While we are not a big fan of the party, we are passionate about keeping the island open to the public. The overwhelming majority of the kids over there behave as good citizens. Those who break a law while on the island should be removed and arrested.  When state officials present misleading facts that could shape public opinion against public access, it is an injustice to all the people who use the island responsibly all year long.  By:  Richard Johnson, Wilmington

Collins Law Firm supports the efforts of Masonboro.org, and encourages everyone to behave and party responsibly and safely not only on the Fourth of July, but always.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

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

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

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

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

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

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

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

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

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

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

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

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).

Employees who are laid off, or terminated through no fault of their own may qualify for unemployment compensation. Unemployment benefits are administered by the Employment Security Commission (ESC). To receive unemployment benefits, a former employee must file a claim with the ESC, and meet eligibility requirements. To be eligible for benefits, you must be unemployed through no fault of your own, be able and available for work and be actively seeking work. You may be disqualified from receiving benefits if you were discharged from work due to work “misconduct,” such as use of alcohol or drugs, fighting, unauthorized absences without good cause or theft of company property. You may also be disqualified if you are terminated for a reason that does not constitute misconduct, but is considered a “substantial fault.” Substantial fault includes acts, over which you have reasonable control, that violate reasonable job requirements.

You must go to your local ESC office to file a claim. To find out the location of your local office, look for the county office of the ESC in your phone book or go online to www.ncesc.com. After you file your claim, your employer will have an opportunity to respond to the claim, including explaining the reason for your discharge. If your employer contests the claim or if your claim raises eligibility issues, the claim will be reviewed by an adjudicator who will make a determination as to whether you have a valid claim. An appeal can be made from the adjudicator’s decision.

Many employers will contest a filing for benefits because if the claim is awarded, the unemployment insurance costs to the employer may increase.

Collins Law Firm has successfully represented employees seeking unemployment, at the initial stages, and through the appeals process. If you need assistance pursuing unemployment compensation, call us at 910-793-9000 to schedule a consultation.

For students, the summer is over and school is starting again. Many students will be starting college for the first time and it will be in a new environment with many challenges and temptations.

Underage drinking and use of controlled substances is common on most, if not all, college campuses.   For some law enforcement agencies, back to school means stepped-up enforcement of alcohol laws as well as general law enforcement.   This means that many students will be receiving criminal charges or citations for underage drinking or other related criminal activities including underage possession, underage consumption, and fake ID’s.   Some people do not consider these serious charges, but they are misdemeanor charges for which a conviction can mean a criminal record that can affect a person for the rest of their life with respect to getting jobs, renting apartments and otherwise.   Anyone charged with a crime should consult with an experienced criminal defense attorney.

Collins Law Firm regularly represents people who have been charged with alcohol law violations and other crimes such as possession of marijuana or other controlled substances.   In most cases for first time offenders, we are able to avoid a conviction, and court appearances are usually not necessary for defendants we represent on these type of charges.    However, in most cases, the defendant is required to perform a certain number of hours of volunteer service, or to participate in some type of educational program regarding alcohol and controlled substances, or both.

If you or someone you know has received a citation or criminal charge for an alcohol law violation or related charge, Collins Law Firm can help.  Call us at (910) 793-9000(910) 793-9000 for a free telephone consultation or make an appointment to come in for a consultation.