For over 10 days after Hurricane Florence made landfall at Wrightsville Beach, NC, Interstate I-40 was closed in sections from Wilmington to Raleigh.  Now, as of September 25, 2018, people can drive the entire length of interstates 95 and 40 through North Carolina.

News outlets reported that North Carolina Governor Roy Cooper said floodwaters receded over this past weekend faster than expected, allowing N.C. Department of Transportation crews to inspect and open both highways by Tuesday morning. The opening of I-40 through Duplin and Pender counties restored the main route in and out of Wilmington to I-95.  Wilmington was completely landlocked for several days because of floodwaters due to Hurricane Florence.

On September 15, 2018, I-95 was closed in parts of NC, and travel up and down the East Coast was disrupted. At one time, the recommended detour was to drive completely around North and South Carolina, through Knoxville, TN and Atlanta, GA.

As the Lumber River and Cape Fear River receded after the storm, I-95 dried out on Sunday, and NCDOT engineers inspected it to see if it was safe to use. DOT personnel found one area that needed repairs which were promptly completed.

Other roads that reopened Monday are the U.S. 70 Bypass at Kinston and U.S. 74 between I-95 near Lumberton and Wilmington.

Governor Cooper urged people to obey road closure signs and not to drive around barriers into flood waters. He said that as of September 24, the death toll from the storm had risen to 35 in North Carolina, and that some of those deaths had resulted from people driving into floodwaters.

In the Outer Banks, N.C. 12 on Ocracoke Island is closed.  It could take until the end of October to have repairs to erosion of the dune and damage to the pavement that make the road impassable repaired.  Until repairs are completed, the ferry between Hatteras and Ocracoke is closed.

Recovery efforts continue.  The New Hanover County Courthouse re-opened on Monday, September 24th.  However the Brunswick County Courthouse and the Pender County Courthouse remain closed indefinitely.

Pender County estimated that about 25 percent of the county flooded, closing major highways and submerging many homes.  Due to flooding, the county remained landlocked for over a week and many residents were forced into emergency evacuations.  Last week water spilled over into the road and washed out parts of U.S. 421, washing out the entire highway across all four lanes.  The emergency manager for Pender County said it could take months to re-open that route back into Wilmington.

Be safe as our community recovers from this historic storm.  If you or someone you know are in need of legal services in the Wilmington area, call Collins Law Firm for a confidential consultation at 910-793-9000.

By David B. Collins, Jr.

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”.

2. 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

This holiday season AAA is expecting 103 million Americans to travel, which is nearly 1.5 million more people than last year. While many people choose to fly to their Christmas destinations, AAA is predicting that more people will be driving this year than previous years. It is very important that those driving, no matter the distance, are prepared for their travel. Make sure you’ve recently gotten an oil change, check your tires to make sure they have the right pressure, never let your gas tank get below ¼ of a tank while traveling, and secure all luggage in your car.

While traveling with a car load of family members, or even alone, traffic can make things very stressful. However, it is very important that you remember that patience is key in these situations to make sure everyone on the roads remains safe. If you need to be at your destination by a specific time, AAA suggests that you leave earlier than you normally would as you should expect delays during this holiday season.

Law enforcement will be on all North Carolina roads through the New Year enforcing their annual Booze It & Lose It campaign. The goal of this campaign is to keep the roads safe this holiday season and help save lives. It is very important that you do not get into a car after you have been drinking as it can have deadly consequences. Last December alone there were 431 fatalities due to car accidents involving a drunk driver. To try to avoid this, there will be an increased number of saturation patrols and checkpoints so that people know they will be stopped and charged if they are drinking and driving over the legal limit. There are several DWI Task Force teams funded by the N.C. Governor’s Highway Safety Program and these officers are responsible for working nightly to catch impaired drivers. These Task Force teams are located in many different counties, including, Brunswick County, NEw Hanover County, Pender County.

Please be safe, smart, and avoid distractions this holiday season! However, if you happen to find yourself in trouble, whether it be a traffic ticket, car accident, or a criminal charge such as an alcohol related offense, please call Collins Law Firm for a confidential consultation at 910-793-9000.

By Kimberlin Murray, Legal Assistant

Brunswick, New Hanover, and Pender counties are all experiencing mandatory water restrictions that were put into place on October 13^th due to a pipe break in Riegelwood. The Lower Cape Fear Water and Sewer Authority’s pipe supplies water to utilities to all three of these counties. This pipe break is affecting areas such as Wrightsville Beach, Carolina Beach, Kure Beach, Leland, Wilmington, etc.

The break in the 48-inch pipe is nearly the size of a football and that break alone is causing 12.5 million gallons of raw water to spill through it daily.

One of the main reasons that Brunswick County has declared a state of emergency and is pleading with public water customers to reduce water usage is to be sure there is enough water for emergency needs such as firefighting efforts and hospital uses.

Here are a few tips on how to help conserve water:

• Limit your shower time
• Turn off water when not directly using while brushing teeth, washing hands, washing dishes, etc.
• Only run dishwashers or washing machines when you have a completely full load
• Limit the number of times you flush the toilet daily

The water flow from Kings Bluff Pump has been cut in half by the break, going from about 24 million gallons of water flow a day to nearly 12 million gallons of water a day. A temporary patch would be ideal in this situation, but they were not able to successfully patch it when attempting to on Wednesday morning.

Since the patch was unsuccessful, crews began constructing a temporary bypass on Thursday morning so that water would go around the break and allow it to keep flowing until the break itself is repaired. This project is expected to be completed sometime next week. The main delay in this repair is that the surrounding counties do not have parts that this break is requiring to fix, so they are waiting on parts to be flown in from other parts of the country.

Car washes have made attempts to save water by reducing their number of open hours each day and the city of Wilmington is holding back on street sweeping and power washing in some areas until the pipe is repaired. If you do see areas throughout the city using their irrigation systems still during this mandatory water restriction, it may be because their water comes from a pond.

Brunswick County Emergency Services are preparing for the worst and are there to help you if needed. They have 480,000 gallons of bottled water on hand, which is equivalent to four days worth of water for residents. Please be safe and make sure you follow all mandatory water restrictions in your area!

By Kimberlin S. Murray, Legal Assistant at Collins Law Firm

North Carolina residents have been keeping a close eye on Hurricane Matthew this past week.  On Monday, Governor Pat McCrory issued a state of emergency for 66 North Carolina counties, including New Hanover County, Brunswick County, and Pender County.  This hurricane was supposed to directly hit the coast, but the latest forecast track shows that this powerful storm is expected to make a sharp turn to the east as it nears the North Carolina Coast. This sharp turn is caused by an upper level trough which will move towards the eastern United States and force the hurricane away from moving up the east coast. It will also likely weaken into a Category 1 hurricane by this point.

Evacuation orders remain in place because Hurricane Matthew is still expected to brush our coast and could still bring damaging winds and flooding. To ensure safety, The University of North Carolina Wilmington has even issued a mandatory campus evacuation for all students starting Thursday at 12 p.m.

Although things are looking better for North Carolina, areas such as Wilmington, Southport, and Oak Island may still encounter dangerous weather conditions, so it is best to continue to be over-prepared. Here are a handful of tips that the Red Cross suggests you do to be prepared for a hurricane:

• Bring in anything that can be picked up by the wind (lawn furniture, bicycles, etc.)
• Fill your car’s gas tank
• Talk with your family and create an evacuation plan so that you are always prepared
• Make sure you have at least a 3-day supply of water
• Make sure you have flashlights, batteries, and a first aid kit
• Drive only if necessary and avoid flooded roads

These dangerous weather conditions may cause more traffic accidents and traffic citations, so we encourage everyone to be safe and extra cautious on the roads this weekend.  However, if you or someone you know gets into an accident or receives a traffic ticket, please give us a call at 910-793-9000 for a confidential consultation.

By Kimberlin S. Murray, Legal Assistant at Collins LAw Firm

You may want to think twice before using a fake ID in New Hanover or Pender County from now on.  Starting October 1, you will face more penalties in court if you are caught using a fake ID.

District Attorney Ben David announced some changes to the underage drinking deferred prosecution program dealing with fake ID’s to try to make things a little bit more serious.  Today, the program includes a requirement where defendants have to go to New Hanover Regional Medical Center on a Friday night to be exposed to some of the trauma resulting from drinking and driving. They also are required to spend a couple of hours in DWI treatment court for educational purposes. In addition to these requirements, those who are charged with a fake ID offense after October 1^st will have their license taken by the court for 60 days.

These changes are not only put in place to do things such as combat identity theft, but also to save lives.  Statistics show that other states that also enforce these types of programs have seen a 7% reduction in fatal accidents. When put into perspective, that is equal to saving one young person’s life per week.

Some people under the age of 21 pay nearly $200 to order a fake ID online and are giving away crucial information to their identity such as their social security and license number. Not only do these things put them at risk for identity theft themselves, but it is very dangerous. These ID’s have become extremely difficult to spot in the recent years, but bars, restaurants, grocery stores, etc. are starting to crack down and become better at detecting fake ID’s.

We encourage all high school and college students in New Hanover, Pender, Brunswick, and surrounding counties to be safe and never purchase or use a fake ID. However, should you find yourself in trouble and need to hire a lawyer or know of someone who does, Collins Law Firm can help. Give us a call at 910-793-9000 for a confidential consultation.

By Kimberlin Murray, Legal Assistant

The resentment towards police departments by community activists who have portrayed law enforcement as racist who routinely shoot black Americans, for essentially no reason, has caused a substantial increase in shootings and murders all across the United States in recent years. This idea has become what is known as “The Ferguson Effect.”

New Hanover County Police Department offers their vision statement on the home page of their website “To serve with professionalism and hold ourselves responsible and accountable to the citizens of New Hanover County,” and here at Collins Law Firm, we support what the greater goal of all police departments is: to serve and protect. It is unfortunate that the atmosphere in which law enforcement officers are to perform their duties is now burdened with danger and consequence.

Attorney David Collins has over 20 years of experience in the legal field, and has represented many people charged with various crimes. If you or someone you know has been charged with a crime, please call to schedule a consultation today: (910) 793-900. We’re here to help!

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

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