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Browsing Post with the Tag: misdemeanor

Own a Pet – Be Considerate

Friday, March 27th, 2020

During these trying times, while everyone has been strongly suggested to stay home when they can, the only thing to do to get out of the house may be to take your pets on a walk.  However, with more pets out and about, it is still important to abide by the laws with respect to having your pet on a leash, or some type of restraint when it is not on your property. 

Section 5-9 of the New Hanover County Ordinance states:

a. It shall be unlawful for any owner of a dog, cat, or ferret to allow it to run at large off the premises of its owner.

b. Upon an animal services officer’s observation of a dog, cat, or ferret running at large, or off the premises of its owner and not under the restraint of a competent person, the officer, may, at his discretion, impound the dog, cat, or ferret or return it to its owner.

c. Upon an animal services officer’s receipt of a complaint that a dog, cat, or ferret is running at large or is off the premises of its owner and not under the restraint of a competent person, the officer shall investigate the complaint; and upon finding that there is probable cause that a violation has occurred, the officer may issue a citation or a warning or take any other action contained in this chapter or any state law as the circumstances may require.

d. Any owner cited for a violation of this chapter may discharge the citation upon payment of the current fee schedule adopted by the board county commissioners. If the dog, cat, or ferret is impounded, the owner may redeem the dog, cat, or ferret under the provisions of section 5-17, provided the owner is in compliance with all other applicable provisions of this chapter. If the owner is charged under a warrant, summons, or bill of indictment and convicted, the provisions of section 5-23 shall apply.

A violation would constitute a class 3 misdemeanor punishable by a fine of up to $500.00.

There are strict leash laws for the beaches here in Wilmington, as well – in the Town of Wrightsville Beach, pets must always be on a leash from October 1 through March 31.  From April 1 through September 30, no pets are allowed on the Wrightsville Beach Strand at all.  It is also required that you clean up after your pet, and have the means to do so at all times.  Similarly, in Carolina Beach, dogs have to be on a leash from April 1 to September 30.  The rest of the year (October 1st-March 31st) dogs are allowed off leash, but they must remain under voice command and the owner must be within a reasonable distance.  At North Topsail Beach, dogs must be on a leash from May 15 through September 30.  From October 1 to May 14, dogs are not required to be on a leash, but must be under voice command of a responsible person. 

While we are all on edge and awaiting news about COVID-19 day by day, please take some time to take your pet on a walk to enjoy some fresh air, but also please be responsible, abide by the laws, and respect your neighbors. 

By Karen M. Thompson, Paralegal

Move Over Laws and Penalties in Case of Violation

Wednesday, February 5th, 2020

The sight of amber-colored flashing light or the sound of sirens tend to make us uncomfortable and often times drivers appear to be unsure about what they are expected or required to do. 

Upon the approach of an emergency vehicle “giving warning signal by appropriate light and by audible bell, siren or exhaust whistle, audible under normal conditions from a distance not less than 1000 feet”, North Carolina General Statue (N.C.G.S.) §20-157(a) provides that “the driver of every other vehicle shall immediately drive the same to a position as near as possible and parallel to the right-hand edge or curb, clear of any intersection of streets or highways, and shall stop and remain in such position unless otherwise directed by a law enforcement or traffic officer until the law enforcement or fire department vehicle, or … shall have passed. Provided, however, this subsection shall not apply to vehicles traveling in the opposite direction of the vehicles herein enumerated when traveling on a four-lane limited access highway with a median divider dividing the highway for vehicles traveling in opposite directions, and provided further that the violation of this subsection shall be negligence per se. Violation of this subsection is a Class 2 misdemeanor.”

With respect to fire apparatuses, N.C.G.S. §20-157 provides in subsections (b), (c), and (d) that it is unlawful to follow too closely when it is traveling in response to a fire alarm, to park too close to where a fire apparatus has stopped to answer an alarm, or to drive a motor vehicle over or block a fire hose or any other equipment being used at a fire.

When an authorized emergency vehicle is parked or standing within 12 feet of a roadway and is giving a warning signal by appropriate light, N.C.G.S. $20-157(f) provides that:

  • Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until safely clear of the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
  • Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

With the amendment of N.C.G.S. §20-157 effective December 1, 2019, the penalty for those who violate the State’s Move Over Law causing serious injury or death by violating this section have increased—a violation resulting in damage to property or injury to a law enforcement officer or emergency response person is now a Class 1 misdemeanor pursuant to N.C.G.S. §20-157(h), which carries a maximum punishment of 120 days;  a violation resulting in serious injury or death to a law enforcement officer or emergency response person is now a Class I felony pursuant to N.C.G.S. §20-157(i), which carries a maximum punishment of 24 months.

By Jana H. Collins, Office Manager

Expungement in North Carolina – a second chance made easier

Saturday, August 5th, 2017

It happens so easily—one makes a bad choice, gets misunderstood, or falsely accused, and in the result faces criminal charges.  Regardless of the outcome in a criminal matter—even in case of a wrongful criminal charge—the fact that one was criminally charged will result in a criminal record.  Unless dealt with appropriately, a criminal record may create a virtuous circle and negatively affect one’s chances in the job market, in college applications, on the housing market, etc.  In an attempt to mitigate or avoid negative consequences of one’s criminal record, one should consult with an attorney about whether or not they are eligible for an expunction of their criminal record and if eligible, pursue the expunction.

An expunction, also called expungement, is a process ordered by the court in which one’s criminal record is “sealed”, or erased.

Thanks to Gov. Roy Cooper who ratified Senate Bill 445 on July 28, 2017, the accessibility of the expunction process will be improved drastically for about 2 million North Carolinians who currently have a criminal record effective December 1, 2017.  Here are the two expungements we mostly pursued in our office:

  1. Expungement of records when charges were dismissed pursuant to N.C.G.S. §15A-146

There will no longer be a limit on how many expunctions one can pursue—the only condition will be that one “had not previously been convicted of any felony under the laws of the United States, this State, or any other state”.

  1. Expunction of “nonviolent” misdemeanors and felonies pursuant to N.C.G.S. §15A-145.5

In order to qualify for an expunction under this section, one may not have “other misdemeanor or felony convictions, other than a traffic violation”.  While under the current law, one needs to wait 15 years after the date of the conviction or “when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later” , under the new law that wait time will be reduced to just five years for misdemeanors and ten years for felonies.

If you or someone you know have a criminal record and consider pursuing an expungement in New Hanover, Pender, or Brunswick Counties, North Carolina, call Collins Law Firm at (910) 793-9000 for a confidential consultation.

By Jana H. Collins, Office Manager

 

 

 

 

Holiday Flotilla & NC Boating While Impaired

Thursday, November 5th, 2015

BWIThe 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

Expunction of Record – Get a Second Chance

Friday, November 14th, 2014

Generally, the fact that one was charged with a crime remains on their record regardless of the disposition of the charge, unless the charge gets expunged. An expungement in North Carolina is the eradication of one’s criminal record by court order.  The effects of an expunction or expungement are outlined in N.C.G.S. § 15A-153 and include that upon expunction one may truthfully and without committing perjury or false statement deny or refuse to acknowledge that the criminal incident occurred.

Thanks to Hour Bill 1023 which went into effect on December 1, 2012, one can now even get a conviction expunged pursuant to N.C.G.S. § 15A-145.5 as long as the offense was a nonviolent felony or misdemeanor:

(a) For purposes of this section, the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.7A(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

In order to qualify for an expunction under N.C.G.S. § 15A-145.5 one may not have other felony or misdemeanor convictions in any state and no previous expunction under this section or under any of the following sections:  N.C.G.S. §§ 15A-145, 15A-145.1, 15A-145.2, 15A-145.3, or 15A-145.4.  Further, a petition for expunction of record under this section shall not be filed earlier than 15 years after the date of the conviction or when any active sentence, period of probation, and post-release supervision has been served, whichever occurs later.  The costs for filing petition under N.C.G.S. § 15A-145.5 is $175.

If you feel you may be eligible to pursue an expungement in New Hanover, Pender, or Brunswick Counties, North Carolina, call Collins Law Firm for a consultation at (910) 793-9000.

By Jana Collins, Office Manager

Underage Drinking Prohibited, Except…

Thursday, March 6th, 2014

With two colleges located in Wilmington, North Carolina (University of North Carolina- Wilmington and Cape Fear Community College) it is safe to consider Wilmington, NC a college town; which makes it the perfect town for nightclubs and beach bars. The allure to drink alcohol can be quite strong in a college atmosphere, yet many of the students located here are under the legal drinking age of 21.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B, Article 3 (§ 18B-300 to §§ 18B-310 through 18B-399).

· If you are less than 19 years of age and convicted of drinking, which is a Class 1 Misdemeanor, your punishment can include a fine in the discretion of the judge, community service hours and a $250 fee or jail, plus court costs of currently $180.

· If you are 19 or 20 years of age and convicted of drinking, which is a Class 3 Misdemeanor, you punishment can include a fine of up to $200 and community service hours and a $250 fee or jail, plus court costs of currently $180

· If you are under the age of and convicted of purchasing or attempting to purchase alcoholic beverages, a Class 1 misdemeanor, your punishment can include Community service hours and a $250 fee or jail time, court cost of currently $180, and a fine is discretion of the judge. In addition, your driver license will be suspended for one year and you will not be able to obtain a limited driving privilege.

While our underage drinking laws are stricter than those in some other states, North Carolina recognizes three exceptions to the general rule prohibiting minors from possessing or consuming alcohol.

  • Religious participation. A minor may possess and consume wine for sacramental purposes in an organized church. (North Carolina Gen. Stat. Ann. Section 18B-103(8).)
  • Employment. Minors may possess, transport, or dispense—but not consume—alcohol during the course of employment in an establishment licensed to sell alcohol. Such employment must also be lawful under North Carolina’s youth employment statutes. (North Carolina Gen. Stat. Ann. Section 18B-302(h).)
  • Education. Minors may possess and consume alcohol under the direct supervision of an instructor, during the course of a licensed and accredited culinary program, when such consumption is a required part of the curriculum. (North Carolina Gen. Stat. Ann. Section 18B-103(11).)

Collins Law Firm has represented thousands of people charged with crimes or infractions, and many involving crimes involving violating the laws regarding the sale, possession, and consumption of alcohol or underage consumption or possession of alcohol.  In many cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed pursuant to a deferred prosecution after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or completing other conditions for dismissal, or a combination thereof.  In some cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you or someone you know have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at  910-793-9000.

By Rachel Reynolds, Legal Assistant, Collins Law Firm

School Bus Safety Act

Tuesday, November 19th, 2013

In just a few weeks a new law will be going into effect in North Carolina called “The Hassani N. Wesley Students’ School Bus Safety Act.” This act was passed earlier this year, but is scheduled to come into effect on December 1st, 2013. This bill will ultimately create harsher penalties for North Carolina drivers who illegally pass school buses.

The name of the bill originated from the unfortunate death of 11-year old, Hassani N. Wesley, who tragically died in December 2012 in Forsyth County, as he was struck by a vehicle which made an illegal pass of a stopped school bus. Unfortunately Hassani Wesley has not been the only fatality this calendar year – on October 17th, 2013 MaKinzy Smith, a Rowan County teen was killed after he was hit by a car while crossing a two-lane road northeast of Salisbury to board his bus. Makinzy Smith’s death marked the 5th fatality from school bus-related collisions this year and the 13th student killed since 1998 in North Carolina after motorists illegally passed or did not heed a bus’s stop sign arm.

It goes without saying that everyone, state educators, politicians, and transportation authorities are welcoming the new law in hopes that the stricter punishments will change this growing statistic.

Pursuant to the current state law it is illegal to pass a stopped school bus  when a school bus’ mechanical stop arm is out or flashing red lights are on. Passing a stopped school bus is categorized as a misdemeanor, and if convicted, the driver will receive 5 points on their license and up to a $200 fine. However, if a driver strikes an individual it is categorized as a Class I felony and if the accident results in death it is then a Class H felony.

On December 1st, 2013, under the Hassani N. Weslet Students’ School Bus Safety Act, a driver who passes a stopped school bus will be charged with a Class I misdemeanor and receive a minimum fine of $500 – a substantial increase from the previous $200 maximum.  In case of a second conviction under this new law within a three-year period one will have their driver’s license revoked for one year. If one is charges with a violation of this new law, they are not eligible for a prayer for judgment (P.J.C.) continued under any circumstances.

If you or anyone you know is charged with passing a stopped school bus, before or after December 1st, 2013 then please contact Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

Changes in the U.S. Governments Position on the Prohibition of Marijuana

Wednesday, August 21st, 2013

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.

Operation Stop Arm – Efforts to Increase School Bus Safety

Tuesday, October 16th, 2012

In an effort to increase the safety of our children, the North Carolina Highway Patrol launched Operation Stop Arm week yesterday, October 15, 2012 at 6:00 a.m. and will go through the end of school Friday, October 19, 2012.  They will enforce stop arm violations and other traffic violations in and around school zones aggressively.

Troopers will be observing drivers in school zones and following school busses in marked and unmarked cars statewide during this week.

Keep in mind what you are and are not allowed to do with respect to a stopped school bus:

•    Two-lane road – Everyone must stop
•    Four-lane road with no separation – Everyone must stop
•    Four-lane or more with a median or some physical barrier – Only traffic following the bus must stop
•    Center turn lane with less than four lanes – Everyone must stop
•    Center turn lane with at least four other lanes – Only traffic following the bus must stop

Passing a stopped school bus is a Class 1 misdemeanor.  The maximum punishment for a Class 1 misdemeanor conviction is 120 days prison/jail time.   In addition, upon conviction of passing a stopped school bus one receives five driving points on their North Carolina driver’s license and is subject to fines up to $200.   Furthermore, if—while passing a stopped school bus—one strikes an individual, one faces a maximum punishment of 15 months jail/prison time, because this is a Class I Felony.  If—while passing a stopped school bus and striking an individual—one causes a death, one faces a maximum punishment of 30 months jail/prison time, because this is a Class H felony.

Collins Law Firm has handled thousands of traffic tickets for our clients and, in most cases, we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension of your North Carolina driver’s license, call us at: 910-793-9000.

By Jana Collins, Office Manager

Prom Season in Southeastern North Carolina

Friday, May 27th, 2011

It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, does not necessarily mean you will be convicted.  Collins Law Firm has represented many people charged with violating the laws concerning the sale, possession, and consumption of alcohol.  In most cases, especially for first time offenders, we have been able to prevent convictions.  Presently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. When there is a solid defense, we normally are able to have the charges dismissed without our clients having to perform any volunteer service or complete classes.

If you have been charged with underage drinking, a DWI / DUI, 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.