Effective January 1, 2012, Article 2 of Chapter 20 of the North Carolina General Statutes was amended by adding a new section introducing an immediate 30 day civil license revocation for provisional licensees.  Pursuant to General Statute 20-13.3(a)(4) a provisional licensee is defined as a person under the age of 18 who has a limited learner’s permit, a limited provisional license, or a full provisional license issued pursuant to G.S. 20-11.

Pursuant to this new law, a license revocation can be triggered by common offenses such as Speeding more than 15 mph over the limit or more than 80 mph in a 70 mph zone, Reckless Driving, Speeding to Elude Arrest, Aggressive Driving, Failing to move over for law enforcement or emergency vehicles giving a warning signal.  A complete list of criminal moving violations subjecting a provisional licensee’s permit or license to revocation can be found on page two of the affidavit and revocation report newly issued by the North Carolina Administrative Office of the Courts to be used for law enforcement officers (new AOC-CVR-12).

Pursuant to G.S. 20-13.3(d) the provisional licensee must be given  a copy of the revocation order (new AOC-CVR-13) by the he judicial official which must state the date on which the provisional licensee’s permit or license becomes valid again.  The provisional licensee keeps their license or permit, however, they are not authorized to drive during the revocation period.

Pursuant to G.S. 20-13.3(f), a  provisional licensee who is subject to a civil license revocation under this new law is not eligible for a limited driving privilege.

At the conclusion of the revocation period the person’s permit or license becomes valid by operation of law—payment of a fee is not required.

Pursuant to G.S. 20-13.3(h) no driver’s license or insurance surcharge may be assessed for a provisional licensee revocation pursuant to the this new law.

A provisional licensee who drives a motor vehicle on a highway during the period of revocation under G.S. 20-13.3 commits the offense of driving while license revoked under G.S. 20-28.

Collins Law Firm has been representing people charged with traffic citations, speeding tickets, and other criminal charges in Southeast North Carolina for over ten years and we will be happy to discuss your situation with you. Feel free to call for a consultation regarding any legal matters for which you need legal representation at (910) 793-9000.

By Jana Collins, Office Manager

Hurricane Earl has passed our area, and thankfully without inflicting much serious damage to our area.

Now we are heading into a busy Labor Day weekend. The American Automobile Association (AAA) is predicting a 10% increase in travelers on the road this year over last year. They predict that about 34.4 million people are likely to take trips of at least 50 miles.

That means that everyone needs to take greater precautions and plan for heavier traffic and slower travel paces. Law enforcement is likely to be stepped up this weekend and many people will likely receive speeding tickets or other traffic citations, and there are likely to be more accidents on the road than on non-holiday weekends. There are also likely to be impaired drivers and boaters who will receive DWI/DUI’s and BWI/BUI’s (boating while impaired/under the influence).

Anyone who receives a ticket or other criminal charges, or who is involved in an accident can call Collins Law Firm for a consultation about what we can do to help. We have been serving Southeastern North Carolina around the Wilmington, NC area for over ten years, representing people charged with traffic tickets or other criminal charges and people injured in traffic accidents or crashes.

Please be safe and have a wonderful weekend!

Collins Law Firm

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.

We would like to offer some advice on what to do if you are stopped by a law enforcement officer while driving a motor vehicle.

If you are stopped by a law enforcement officer while driving, stop at the closest place where you can park and where it will be safe for the officer to approach your vehicle.  Then roll your window down, and put your hands on the steering wheel at the ten and two o’clock positions so the officer can see your hands.  This will help the officer see that you are unarmed and do not pose a threat.

You should always be polite and cooperative with law enforcement officers.  However, this does not mean that you must consent to a search or perform any roadside field sobriety tests if requested.  You also have a right to confer with an attorney even before your rights are read to you.

If you are suspected of impaired driving you may refuse the roadside field sobriety tests, but the refusal may be considered by a judge in a probable cause evaluation, though refusing the roadside tests will not cause a license revocation.  However, if you are placed under arrest for impaired driving and asked to submit to a chemical test of your breath or blood and refuse, your license can be revoked for that refusal.  The details of the revocations can be complicated.  For more information, call us any time.

Do not drive while impaired!  It is very dangerous and it is a very serious crime.  However, if you are stopped or arrested for impaired driving, you can call Collins Law Firm at (910) 793-9000(910) 793-9000 for legal advice and representation.