This upcoming weekend is Memorial Day Weekend.  While Memorial Day is a day to remember and honor those who lost their lives while serving our country in the United States Armed Forces, many take this longer weekend as an opportunity to travel.

The cheery weather forecast may motivate travelers to visit our local beaches this weekend, causing increased traffic and crowded roads.

As part of the Governor’s Highway Safety Program “Click It or Ticket” which launched on Monday, May 20, 2013, law enforcement officers across the state will increase patrols over the holiday weekend and will cite patrons not wearing seat belts.

The Wilmington area’s law enforcement unfolded the campaign last Wednesday by setting up checkpoints on Randall Parkway, New Centre Drive, Eastwood Road near the Wrightsville Beach drawbridge, and Airlie Road and issued close to one hundred citations for traffic infractions and other crimes including seat belt violations, texting while driving, speeding, driving with no operators license, and simple possession of marijuana.

We urge you to obey the law and stay safe.  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.

By Jana H. Collins, Office Manager

Every year, many people start off the New Year facing the consequences and expense of a DWI/DUI arrest.  Unfortunately, holiday festivities often even take a deadly turn when a person chooses to drink alcohol and then get behind the wheel.

In an effort to remove impaired drivers from the roads, State Transportation Secretary Gene Conti announced on December 2, 2011 that state and local law enforcement officers will be out in force as part of the Holiday “Booze It & Lose It” campaign.  Checkpoints and stepped-up patrols will be conducted through Monday, January 2, 2012 across North Carolina.  This means that an increased police presence is to be expected.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000 for a confidential consultation.

By Jana Collins, Office Manager

The Fourth of July celebration is commonly associated with fireworks, parades, hot dogs, picnics, and other parties.  Also, it is a day where many Americans will be consuming alcohol.

As North Carolinians across the state flock to the Southeastern North Carolina coast to celebrate the 4^th of July Weekend, the state has begun “Booze It & Lose It: Operation Firecracker” to deter drunk drivers across the entire state and remove impaired drivers from the roads.  Operation Firecracker began Monday, June 27, and continues through Monday, July 4.

Operation Firecracker is conducted by the North Carolina Department of Transportation and it coordinates the Highway Patrol, sheriff’s offices and police departments.  During this period there will be additional checkpoints and stepped up patrols that will be conducted across the state.

The Fourth of July holiday is considered one of the deadliest for highway travel.  In 2010, according to the North Carolina Department of Transportation, there were 205 alcohol-related automobile accidents during the Independence holiday, which resulted in six deaths.  Additionally, alcohol-related crashes also accounted for 105 injuries in the state during the same week last year.  During the 2010 “Booze It & Lose it: Operation Firecracker” campaign officers conducted more than 4,600 patrols and checkpoints, which resulted in more than 1,200 North Carolina motorists being charged with driving while impaired.

This means there will be an increased police presence at the beaches in Pender, New Hanover, and Brunswick Counties.  The beaches that will be affected will be Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000 for a confidential consultation.

When Americans get into their car for their commute to work, to drop the kids off for school, or for any other reason, they are likely to either talk on their cell phone or use text messaging. Just this morning when our summer intern drove the 55 miles from Sunset Beach, NC (Brunswick County) to Wilmington, NC (New Hanover County) on Highway 17 passing through Ocean Isle and Bolivia, he told me he counted twenty-two people who were texting on their cell phone.

Texting while driving is quite dangerous for three reasons: 1) You are taking your eyes of the road; 2) You are taking your hands off the wheel; and 3) You are taking your mind off what you’re doing.  A study released by the Virginia Tech Transportation Institute found that truck drivers who were texting were 23 times more at risk of a crash or a near crash event than drivers who were not distracted.  Additionally, the study found that texting took a driver’s focus away from the road for an average of 4.6 seconds, which is enough time to travel the length of a football field at 55 mph.

Studies like these have caused state legislatures across the country to pass legislation banning text messaging while driving. In June 2009, the North Carolina Governor signed new legislation, § 20-137.4A, which banned text messaging by all drivers who operate a vehicle on a public street, highway, or public vehicular area.  This bill makes it unlawful to read email, text message, use your camera, or look up information on the internet.  However, the law has a number of exceptions where it does not apply: 1) If you are parked, 2) If you are a law enforcement officer, a member of a fire department, or the operator of a public or private ambulance; 3) If you are using a factory-installed or aftermarket GPS or wireless communications devices used to transmit or receive data as part of a digital dispatch system; and 4) If you are using a voice operated technology.

Since December 1, 2009, a violation of this law shall be an infraction and shall be punishable by a fine of $100 plus court fees.  The violation will not add points to your driving record and an insurance surcharge will not be assessed.  Additionally, failure to comply with the provisions shall not constitute negligence per se or contributory negligence per se by the operator in any action for the recovery of damages arising out of the operation of a vehicle.

The new law is quite difficult to enforce.  WWAY News Channel 3 reported that Wilmington Police Chief Ralph Evangelous said, “You assume that someone’s texting, when in fact they could just be dialing a phone number, which technically is legal.”  In the first six months of the new law only 300 tickets had been given to drivers in North Carolina.  In New Hanover County only 12 had been issued.  The Wilmington Police Chief believes the law is “dumb” and said, “we ought to ban the use of cell phones – period.”

If you have been issued a citation because you were texting while driving, or have been charged with any other traffic violation or crime in Southeastern North Carolina, in Wilmington, NC, New Hanover County, or the surrounding areas including Bolivia, NC, Brunswick County, Burgaw, NC, or Pender County, you should contact a lawyer or attorney at Collins Law Firm at 910-793-9000 for a consultation.

Recently, the Winston-Salem Journal reported that greater than half of the defense lawyers on the court appointed lists in Forsyth County removed their names from the lists when they heard that the $75-per-hour fee may be reduced by $25 under the next state budget.  Danielle Carman, assistant director of the state Office of Indigent Defense Services, said that the move could result in defendants having less-experienced attorneys representing them and could lead to a backlog of criminal cases. She also said that the move would mean that there will be fewer attorneys on the court-appointed lists available to represent clients who can’t afford to hire their own attorneys.  Judges have authority to appoint lawyers who are not on the lists, and attorneys with little to no criminal defense experience may be assigned to represent defendants.  “If I were buying a house, I would want a real estate lawyer,” Carman said.  “If I were a criminal defendant, I would very much prefer a criminal attorney representing me.”
The Journal reported that David Botchin, a Winston-Salem criminal defense lawyer, organized a meeting of criminal defense attorneys.  Thirty-eight attorneys out of 68 on court-appointed lists removed their names from the lists, and more lawyers are planning to remove their names. He said attorneys in Durham, Catawba and Wayne counties are considering a similar move.
The vast majority of the criminal lawyers in Bladen County,  if not all, have removed their names from the court appointed lawyer list, Carman said.  About most of the criminal defense attorneys in Alamance County have removed their names from the lists, she said.
Carman said that if the Office of Indigent Defense Services (IDS) cuts the fees, it will mean that attorneys would receive $50 an hour for handling cases for indigent clients. She said that most lawyers spend about $58 an hour in overhead, including rent, computer access, office assistants and other expenses.
The Journal reported that David Freedman, a Winston-Salem criminal defense attorney, said that private criminal defense attorneys can charge from $200 to $400 an hour depending on their experience.
In Wilmington, NC, located in New Hanover County, we have a Public Defenders Office which handles the majority of the appointed counsel cases.  Private assigned counsel in New Hanover County handle overflow and conflict cases for the Public Defender’s Office.  Private assigned counsel in Pender County, in the court house in Burgaw, handle the bulk of criminal cases in that County.  In Brunswick County, at the courthouse located in Bolivia, NC, there is no public defenders office, and the vast majority of court appointed cases are handled by local private attorneys.
The times news reported that attorneys say they can’t pay assistants, receptionists, pay rent and run their offices on less than $75 an hour. IDS estimates that attorneys pocket less than $17 of the hourly rate. If trials last longer than a day or two, several attorneys said Friday that they operate at a loss.  Rep. Alice Bordsen, D-Alamance, who is on the judicial and appropriations committee says the cuts threaten to undermine the justice system.  She said that she is concerned that indigent defendants will not receive fair representation if experienced lawyers can’t afford to remain on the court appointed counsel lists.

A newly elected District Attorney will soon be sworn in the 13th prosecutorial district of NC.

The 13th prosecutorial district of North Carolina is comprised of Brunswick County, Columbus County, and Bladen County located in Southeastern NC. The district attorney’s office in Brunswick County is located in Bolivia, NC and is the largest office of the three counties.

The district attorney’s office prosecutes crimes committed within their district including felonies and misdemeanors. Most of the prosecutions in the courtroom are conducted by assistant district attorneys – all of which are lawyers licensed in the State of NC.

Rex Gore, who is the current elected district attorney, was defeated in the democratic primary by Butch Pope out of Whiteville, NC. He is challenged by Jon David, who is currently an assistant district attorney in New Hanover County and has his office located in Wilmington, NC. The result of the upcoming election will decide who will be the new District Attorney, and what, if any, changes will be made with the district attorney’s office in the 13th district.