Just recently, since June 6, 2020, six troopers have been sent to the hospital with a range of injuries due to separate collisions in which other motorists struck Highway Patrol vehicles. The failure to obey by the move over laws of our State contributed to five our of these six incidents. On Monday, July 27, 2020, the North Carolina State Highway Patrol launched their Move Over Campaign to gain compliance with the Move Over laws by motorists in an attempt to prevent future collisions.

Often, drivers appear to be unsure about what they are expected or required to do.  Therefore, please make sure to become familiar with these laws, and protect those who risk their lives to protect us:

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.

Be attentive and considerate and obey by the laws governing the use of our roadways in order to protect lives and save yourself the headache of facing charges, court costs, fines, and potential insurance increases. However, should you receive a traffic ticket in New Hanover, Pender, or Brunswick County, call Collins Law Firm at 910-793-9000 for a confidential consultation. We are here to help!

By Jana H. Collins, Office Manager

According to the North Carolina Department of Transportation (NCDOT), beginning around the first week of June, the 100 deadliest days of summer has begun. This period of 100 days, between Memorial Day and Labor Day, got this nickname due to the high number of crash fatalities involving teen drivers, compared to the rest of the year. Now that restrictions are being slowly lifted across the State, it is especially important to understand road safety. Distracted driving, speeding, drinking and driving, and reckless driving are all contributors to serious accidents, and they are all preventable. A careless mistake such as distracted driving is all it takes to cause an automobile accident, and in the blink of an eye, the lives of those involved could be changed forever. 

Everybody could potentially become a personal injury victim, but the risk to sustain serious injuries is especially high for children and elder people.

Some accidents unfortunately even result in fatalities causing unimaginable heartbreak to those left behind. 

Sadly, tragic results of automobile accidents cannot be undone.  However, monetary compensation can help to recover damages.  Treatments for personal injuries resulting from an automobile accident can become very expense, and there may be lasting effects. Because of this, in North Carolina, as in most states, drivers of automobiles are required to have liability insurance, providing protection against claims resulting from injuries and damage to people and/or property. 

Even if the driver of the vehicle who caused an accident resulting in injuries had no insurance, you still may be able to recover under your own policy as long as you have uninsured coverage. The laws and regulations related to insurance are complex and if you are injured in an accident involving an automobile or tractor trailer, you should contact a knowledgeable and experienced attorney immediately.

We at Collins Law Firm regularly represent victims of car wrecks and help maximize monetary recoveries for our clients. If you or someone you know and care about has been injured in a car wreck, or if you have lost a loved one in an automobile accident, please call Collins Law Firm at 910-793-9000 for a free consultation.

By Karen M. Thompson, Paralegal

As the COVID-19 pandemic continues, North Carolina Governor Roy Cooper has announced a “Phase 2.5” of reopening our State set to be effective this Friday, June 12, 2020. This phase could increase restaurants’ maximum seating capacity, and open up bars and gyms with maximum capacity restrictions. This also means that some small business owners will be able to return back to work after all this time of uncertainty.

During these unprecedented times, the unemployment rate in the United States has risen to 13.3% as of the end of May – up from 3.6% in January 2020. As millions of Americans are without employment, they are scrambling to find work to make ends meet and pay their bills.

For those with a criminal record, finding a job can be difficult, and even more so during the times of a pandemic and our economic recovery. It is more important now than ever to have a clean background when searching for employment. Even if you were charged, and the charge was dismissed, the fact that you were charged will remain on your record unless you have it expunged.

An expunction, or expungement, is a legal action in which the petitioner or plaintiff seeks that the court destroys or seals prior criminal convictions from Federal or State official records. Until December 1, 2017, an individual could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria.

The sooner you get the process started, the sooner your record will be clear, and the sooner you can apply for jobs with confidence. Your record will look more appealing to potential employers, and you will feel better knowing that your record is clear.

David Collins has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility. 

By Karen M. Thompson, Paralegal

In general, but especially in times of a pandemic as we are currently experiencing, it is important to plan ahead and get prepared.

For the scenario that you become unable to make health care decisions on your own, you can appoint an agent in a healthcare power of attorney. That agent would then make decision for you as outlined in the healthcare power of attorney. 

If you become disabled beyond a reasonable expectation of recovery and are unable to communicate your own choices, you can give instructions for the future to withhold or withdraw life-prolonging measures by signing a living will. 

Both forms of advance directives can be amended or revoked at any time.

You should also think about how you want your property or estate to be disposed.   In situations in which the deceased did not dispose of their property or estate by a valid will, such property and estate will be disposed pursuant to the intestate succession laws. Which state’s intestacy laws apply is determined by the deceased’s domicile at the time of their passing and by the type of property that belongs to the estate. North Carolina intestate succession laws are laid out in Chapter 29 of the North Carolina General Statutes.

If you create a will, often referred to as “last will and testament,” you can make a legal declaration of your wishes regarding the disposal of your property or estate after your death.  In North Carolina, wills are governed by Chapter 31 of the General Statues.

While you have a choice whether to have a will or not, the legal benefits of having a will are significant.  Therefore, it is important that you are well informed of the intestate succession laws applicable to your estate, and, if these laws do not reflect your wishes regarding the disposal of your property or estate upon your death, you should create their own will.

If you or a loved one needs help with a living will, a healthcare power of attorney, will, or estate in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, call Collins Law Firm at 910-793-9000.  As members of our community, we believe that our neighbors deserve quality representation when it comes time to create or update wills, or advance directives.  And, as practitioners of the law, we are obligated by law, tradition, and ethics, to provide you with honest advice and guidance while protecting your confidential information.

By Jana H. Collins

Expungement is a legal action in which the petitioner or plaintiff seeks that the court seals or destroys prior criminal convictions from State or Federal official records. Until December 1, 2017, a person could pursue an Expunction only once in their lifetime in the state of North Carolina. However, with the ratification of Senate Bill 445 on July 28, 2017, the accessibility of the expunction process has been drastically improved effective December 1, 2017. Unless an individual has a felony conviction on their record, there is no limit on how many charges that individual can get expunged off their record as long as they meet the eligibility criteria. Without an expungement, criminal charges remain on one’s record even when there is no conviction.

At this time, expunctions are taking anywhere from about six months to one year.  However, the expected time frame for an expunction may be affected by the current COVID-19 pandemic. 

When considering an expungement, you should be aware of the fact that criminal records collected by private entities, including but not limited to online news sites, may still show indications of the charges after they are expunged. The reason for that is that those private entities may collect records between the time the criminal charge is issued and the time it is expunged. Therefore, it is a good idea to proceed with an expungement as soon as possible to decrease the chance that private companies collect their information which they may keep forever.

Chapter 15A of the North Carolina General Statutes (N.C.G.S.) provides for some private entities to remove expunged records from their data bases after an order of expunction is entered. N.C.G.S. §15A-150 states: A state agency [receiving notice of an expungement shall notify any private entity with which it has a licensing agreement for bulk extracts of data from [a state] agency criminal record database to delete the record in question. N.C.G.S. §15A-152 states that: A private entity that holds itself out as being in the business of compiling and disseminating criminal history record information for compensation shall destroy and shall not disseminate any information in the possession of the entity with respect to which the entity has received a notice to delete the record in question. It also provides for civil liability for failure to do so with a certain time period. N.C.G.S. §15A-153 provides that: Employers, educational institutions, State or Local Government Agencies, Officials, and Employees shall not, in any application, interview, or otherwise, require an applicant for employment or admission to disclose information concerning any arrest, criminal charge, or criminal conviction of the applicant that has been expunged and shall not knowingly and willingly inquire about any arrest, charge, or conviction that they know to have been expunged. An applicant need not, in answer to any question concerning any arrest or criminal charge that has not resulted in a conviction, include a reference to or information concerning arrests, charges, or convictions that have been expunged.

Also, even though expungement statutes prohibit prosecution for perjury for failing to acknowledge the charges which were expunged, it would be untrue to deny the fact that one was charged, even though the statutes apparently intend to allow for an individual to deny the fact that the arrest, charges, and other criminal proceedings occurred. Even with the protections of the statutes, there are many ways in which information about the expunged criminal matter can be discovered, and people should consider the individual circumstances and the exact wording of any questions in applications when deciding exactly how to respond.

Mr. Collins has been handling scores of expunctions for over 20 years in New Hanover County, Pender County, and Brunswick County.  If you are interested in having your record expunged, please give our office a call at (910) 793-9000 for a confidential consultation to discuss your eligibility.  

By Karen M. Thompson, Paralegal

Today, April 5, 2020, is Palm Sunday, also called Passion Sunday, and it is the first day of the Holy Week.  Palm Sunday serves as memorial of Jesus’s triumphant entry into Jerusalem.  Palm branches, which in ancient times symbolized goodness and victory, were placed in Jesus’ path when he rode into Jerusalem on a donkey. 

The observance of Palm Sunday dates back to the late 3rd century when people traveled Jerusalem and visited many of the holy sites within the town, sang hymns, prayed, and read the Bible.  When they arrived at the place where Jesus ascended into heaven, they recited the Bible Story of the Ascension of Jesus. 

In the Western World however, the earliest evidence of the observance of Palm Sunday can be found in the 8^th century in the Bobbio Missal, a Christian liturgical codex that most likely originated in France. During the Middle Ages, the ritual observances and procedures performed for the blessings of the palms were grand. After reforms of the Roman Catholic Church in the mid-20^th century, the ceremonies were simplified and the focus was directed more toward the suffering and death of Jesus.

This year however, the commemoration of Palm Sunday is very different because due to the pending COVID-19 pandemic, our churches are closed and people are prohibited from gathering for any purpose.  Congregations in Southeastern North Carolina, in New Hanover, Pender, and Brunswick Counties, turn to social media and virtual platforms like Zoom, they share devotions, and post pictures of arts and crafts which they created in celebration of Palm Sunday.

By Jana H. Collins

There was a record-breaking $2 trillion stimulus that was passed last week by the U.S. Government, in an effort to provide relief to Americans who have been laid off, or have suffered income loss due to the COVID-19 pandemic.  Among the $2 trillion, $350 billion will be used for small business loans, $250 billion to be distributed for unemployment insurance benefits and $500 billion in loans for distressed companies. 

The North Carolina Division of Employment Security has amended the eligibility requirements for filing for unemployment during this time of crisis.  For example, independent contractors and self-employed individuals would normally not be eligible for unemployment benefits, but they may qualify for federal Pandemic Unemployment Assistance as a result of COVID-19.  In addition, the usual weekly requirements for Unemployment Insurance have been modified for people to still be able to claim benefits while still being employed. 

There have been multiple photos shared around social media of usually-busy tourist destinations that are now deserted because of the virus and the global quarantining that is happening because of it.  There is less traveling going on, which in turn means less air pollution.  In Venice, the famous canals that are usually murky have turned clear enough to see the fish because of the lack of traveling and tourists in the area, and less traffic along the canals have allowed the sediment to settle at the bottom.  

In other positive news, actor John Krasinski has started a series called Some Good News, where he discusses news-style stories in his home office of happy news shared from around the world. 

By Karen M. Thompson, Paralegal

As of Wednesday, April 1, New Hanover County has 34 confirmed cases of COVID-19.  Some good news, among all of the negative, is that there is a new rapid response test made by Abbott.  Since receiving emergency-use authorization, Abbott has been kicking production into high gear, in order to deliver 50,000 ID NOW COVID-19 tests per day to small doctor’s offices and healthcare sites throughout the United States beginning next week.

Also, Governor Roy Cooper issued another Executive Order on March 31, 2020, that prohibits utility companies from disconnecting services to customers who are unable to pay their bills for the next 60 days.  The order also directs utility companies to give residential customers at least 6 months to pay their outstanding balance, with no threat of fees, penalties, or interest for late payment.  Governor Cooper also urges North Carolina -licensed or -regulated banks not to charge for overdraft fees, late fees or any other penalties in this time of crisis.  The NC Department of Revenue also announced tax relief measures today, relieving taxpayers of penalties for late filing. 

Apart from the assistance offered to citizens with respect to their utility bills, bank fees, and taxes, there is also a strong sense of community being formed and upheld here in New Hanover County.  There have been stories of caravans of teachers who parade by their student’s houses with decorated cars to let them know they are missed, groups of volunteers are passing out food and other essentials to older people or individuals who are more at risk of catching the virus, and there are several stations set up around the County where people can pick up free breakfast and lunch for underprivileged students. 

Stay safe, everyone! 

By Karen M. Thompson, Paralegal

Robert D. Raiford was a well-known radio personality on the John Boy and Billy Big Show.  He suffered a stroke in August of 2015, and retired from the show the next summer.  He died in 2017 at age 89.  He was known for being against handshaking, and he wrote in a viewpoint in the Charlotte Observer titled “For everyone’s good health, let’s stop shaking hands”  published on October 23, 2014:  “No matter how much hand sanitizer is used nor how many times the hands are washed, the contact is instantaneous. In these days of international air travel it becomes an exponential issue. You don’t know how many hands that hand extended to you has shaken before it is presented in all its bareness for you to squeeze and shake vigorously … and vice versa.  If you must have some body contact, make a quick fist bump or elbow bump. Best move is eye contact and a snappy salute. Just resist the Pavlovian move to shake hands.”

As of Monday, March 30, 2020 at 5:30 p.m., there were 30 positive cases of the virus in New Hanover County.  Currently, as are most other states, North Carolina is struggling to receive the appropriate testing equipment and personal protective equipment (PPE) to be able to perform proper testing.   However, new testing is being made available daily, as well as the promise of a new rapid response test for the virus.  The Food and Drug Administration (FDA) recently gave Abbott, the maker of a new test, emergency-use authorization of their test, with hopes it will be available for the public soon.

With the pandemic of COVID-19, there has been stories of people panic-buying all of the cleaning supplies in every store in town, and fear mongering by way of misinformation whether it be about a cure, the testing results, or the virus itself.  We encourage you to make sure the information you are reading and sharing is reputable with credible sources.  

Steps that everyone can take to slow the spread of COVID-19 include: 

• Comply with the Governor’s Stay at Home Order and New Hanover County restrictions. 
• Follow proper social distancing protocols. Don’t gather in groups of more than 10 and stay at least 6 feet away from others.
• Stay home if you are sick, even if you are an essential worker. And cover your coughs and sneezes.
• Wash your hands often with soap and water for 20 seconds.
• Clean and disinfect surfaces that are frequently touched (like your phone, tablet, countertops and daily work surfaces).
• Check credible resources, such as the North Carolina Department of Health and Human Services (NCDHHS), the Centers for Disease Control and Prevention (CDC), and the World Health Organization (WHO), for new and evolving information. 

Stay well!

By Karen M. Thompson, Paralegal

North Carolina Governor Roy Cooper declared a State of Emergency, and accordingly, Cheri Beasley, Chief Justice, declared on March 13, 2020, pursuant to N.C.G.S. § 7A-39(b)(2), that due to the threat posed by the novel coronavirus COVID-19, catastrophic conditions exist in all counties of this state in order to limit the risk of further spread of COVID-19.  Therefore, all superior court and district court proceedings, with only very few exceptions, were ordered to be calendared or re-calendared for at least 30 days from the issuance of this order. 

Not just the accessibility of the courts is limited in this trying time, but driver license offices as well—the North Carolina Division of Motor Vehicles (NCDMV) closed about 60 offices effective March 18, 2020, which did not have large enough space to allow for NCDMV to obey by the social distancing guidelines by the Center of Disease Control (CDC).  And, the offices that provide in-person services, only allow customers who have scheduled an appointment.  However, should you seek a service which requires a road test, for example if you want to obtain a Teen Driver Level 2 or limited provisional license, then you are currently unable to schedule an appointment with NCDMV, because road tests are suspended, except for commercial driver license and medical reevaluation. 

Should you need to schedule an appointment with NCDMV you can do so by calling 919-715-7000, but be prepared for lengthy hold times.  For some locations, appointments can be scheduled online. 

By Jana H. Collins