The North Carolina case Britt v. North Carolina serves as a breakthrough precedent for North Carolinians who lost their right to bear arms due to felony charges. In 1979, Barney Britt plead guilty to PWISD methaqualone (possession with intent to sell and deliver–a central nervous system depressant). He was sentenced to 4 months in prison and probation thereafter. At the end of his sentence in 1987, Mr. Britt’s rights as a North Carolina citizen were fully restored, including the right to bear arms. In 2004, N.C.G.S. §14-415.1 declared it unlawful for any felon to bear any type of firearm despite their reason. Britt sued the state arguing that this new law was unconstitutional. After several hearings and appeals, his case was taken to the Supreme Court where the jury ruled in Britt’s favor. Arguably, Britt served his sentence as a convicted nonviolent felon, and 30 years later had not committed any crime despite that he possessed firearms. Ultimately, Britt had “affirmatively demonstrated that he is not among the class of citizens who pose a threat to public peace and safety” and therefore, a regulation that prohibited him from possessing a firearm could not be “fairly related to the preservation of public peace and safety.”

A year after the Supreme Court ruled in Britt’s favor, North Carolina General Assembly enacted N.C.G.S. §14-415.4, allowing a person convicted of a nonviolent felon to bear firearms, as long as they are in compliance with the statute criteria (i.e., having served their sentence, convicted of only one felony—or multiple felonies arising from the same event, etc). The law took effect on February 1, 2011.

It will be interesting to see how North Carolina’s new law will be observed nationally. With such controversy over the right for even non-felon citizens to bear arms, it’s likely that many Americans will disagree with this statute. As we know, federal authorities and courts hold the final decision on federal law, but this new law may accomplish the General Assembly’s goal of restoring firearm rights to those convicted of a felony in other states – following the example of North Carolina – if not nationwide.

By Amber Younce, Legal Assistant

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

With an improved economy and gas prices at a five year low, we will experience an increase in Thanksgiving travel this year.  AAA Carolinas expects the increase to be of more than 4 percent compared to Thanksgiving of 2013.

Travel however will be impacted by a major winter storm which will initially spread heavy rain and embedded thunderstorms across the Florida peninsula but will move north and northeast, paralleling the east coast beginning Tuesday night.

Therefore, in order to ensure safe travel, we should be aware of the road rules.  Besides the requirements to follow the speed limit, wear your seatbelt, and burn your headlights, there are some more rules which appear not to be known so well:

• The Fender Bender Law

Pursuant to N.C.G.S. § 20-161 motorists are required to move their vehicles to the shoulder of the road following a minor, non-injury crash.  The failure to do so could result in a $110 fine and court costs.

• The Move over Law

Pursuant to N.C.G.S. § 20-157 motorists are required to:

• 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 it is safe to clear 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.

A failure to obey by this law could result in a $500 fine.

• The Keep Right  Law

Pursuant to N.C.G.S. §20-146(b) vehicles traveling a multi-lane roadway at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.  A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 driver’s license points pursuant to N.C.G.S. §20-16 (c), or 3 driver’s license points if the violation occurred during the operation of a commercial motor vehicle.

• Cellphone Use by Drivers Younger than 18

Pursuant to N.C.G.S. §20-11 drivers under the age of 18 may not use a cellphone when operating a motor vehicle except in case of an emergency to call 9-1-1.  Violators may have to pay a $25 fine.

• Texting While Driving

Pursuant to N.C.G.S. § 20-137.4A motorists are prohibited from using their mobile telephone for text messaging or electronic mail.  A violation of this law may result in a $100 fine.

We wish you all safe travel and Happy Thanksgiving!

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana Collins

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

A traffic ticket can cause a lot of headache.  It starts with embarrassment when the blue lights come up in your rear view mirror and when you have to sit on the side of the road while the officer investigates and issues your ticket and it continues far beyond.  If you receive a traffic ticket, you should consult with an attorney on how to best handle your ticket.

After consulting with an attorney you may come to the crossroads where you have to choose to have your speeding ticket reduced to an Improper Equipment or to request a Prayer for Judgment Continued (PJC).

An improper equipment is a non-moving violation that carries no points with the North Carolina Division of Motor Vehicle (NC DMV) and no insurance points.

It is possible to be charged with Improper Equipment, if there is actually something wrong with your vehicle.  Upon proof of the underlying deficiency of your vehicle being repaired, most Improper Equipment charges result in a dismissal.

A plea of responsible to operation of a vehicle with improper equipment in violation of N.C.G.S. §20-123.2 does not mean that there was something wrong with your vehicle, the North Carolina legislature specifically addressed the issue of improper equipment plea negotiations by making it a lesser included offense for most speeding violations N.C.G.S. §20-141 (o).  Pursuant to N.C.G.S. §20-141 (o) (2) however, an Improper Equipment plea shall not apply to charges of speeding in excess of 25 miles per hour or more over the posted speed limit.  Pursuant to N.C.G.S. §7A-304 (a) (4b) a defendant must pay an additional amount of $50 for all offenses arising under Chapter 20 of the General Statutes and resulting in a conviction of an improper equipment offense.

In some counties, such as New Hanover and Pender County, you are generally not allowed to get a Chapter 20 offense amended to an improper equipment more than once within a three year period without prior completion of a safe driving class.  If a defendant however already received an improper equipment plea and also already attended a safe driving class or if the defendant does not want to attend a safe driving class, then different options can be explored.  One of these options only applicable to speeding charges is a reduction of the speed, most commonly a reduction to less than ten over the posted speed limit. While a reduction to less than ten over the posted speed limit will appear on your driving record, it should not affect your North Carolina insurance premiums as long as the violation did not occur in a school zone or there is not another traffic moving violation within a three year period.

Another option of disposing of a traffic ticket pursuant to N.C.G.S. §15A-1381 (9) is a Prayer for Judgment Continued, or PJC – an entry of a plea of guilty or no contest pursuant to G.S. 15A-1011, without regard to the sentence imposed upon the plea. The PJC is unique to North Carolina Law.  If the PJC is granted, the offense is not entered against the defendant and no fines are assessed in addition to the court costs.  However, pursuant to N.C.G.S. §20-141 (p) a driver charged with speeding in excess of 25 miles per hour over the posted speed limit is not eligible for a PJC.  Also, defenders who hold an active Commercial Driver’s License (CDL) or who were driving a commercial vehicle when they were charged, cannot receive a PJC without it effecting their driving record because NC DMV does not recognized a PJC in such instances and would record a conviction of the underlying charge instead.

Both the NC DMV and Insurance Companies have their own policies regarding PJCs. Currently, the NC DMV will recognize two PJCs per driver every 5 years. If you plead guilty and are granted a third PJC within that 5 year period, DMV will not recognize it and the underlying conviction will affect you just like any other guilty plea. Also, Insurance Companies will recognize only one PJC every 3 years per household – a second PJC per household may cause insurance points to be charged according to the underlying conviction.

We generally advise our clients to save their PJCs. However, each defense in traffic matters is unique and needs to be analyzed to determine what the best possible disposition would be.

If you or someone you know is received a traffic ticket in Southeastern North Carolina, then call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Jana H. Collins

While preferences vary when it comes to transportation, everyone is a pedestrian at some time, and most know to keep their distance from moving traffic. Unfortunately, according to data released by the National Highway Traffic Safety Administration, about 69,000 pedestrians got hurt and 4,432 were killed in traffic crashes in the United States in 2011. This means that on average every two hours a pedestrian was killed and about every eight minutes, a pedestrian got hurt in traffic in 2011.

In North Carolina alone more than 2,400 pedestrians are hit by vehicles each year, about 160 out of this number are killed. This number represents about 12% of all traffic fatalities that occur on North Carolina roads.

While Pedestrians should not rely on their rights in traffic being observed by drivers, drivers need to be aware of pedestrians’ rights and the traffic laws protecting the weakest of our road users, and drivers need to pay attention especially to young children and older adults, because they are more likely to stray outside crosswalks and not pay attention to traffic signals or the traffic in general.

Pedestrians’ rights and duties are addressed in Chapter 20, Article 3, Part 11 of the North Carolina General Statutes (hereinafter N.C.G.S.).

N.C.G.S. § 20-172 Pedestrians subject to traffic-control signals.

(a) The Board of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to erect or install, at intersections or other appropriate places, special pedestrian control signals exhibiting the words or symbols “WALK” or “DON’T WALK” as a part of a system of traffic-control signals or devices.

(b) Whenever special pedestrian-control signals are in place, such signals shall indicate as follows:

(1) WALK. – Pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

(2) DON’T WALK. – No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the “WALK” signal shall proceed to a sidewalk or safety island while the “DON’T WALK” signal is showing.

(c) Where a system of traffic-control signals or devices does not include special pedestrian-control signals, pedestrians shall be subject to the vehicular traffic-control signals or devices as they apply to pedestrian traffic.

(d) At places without traffic-control signals or devices, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Part 11 of this Article.

N.C.G.S. § 20-173 Pedestrians’ right-of-way at crosswalks

(a) Where traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at or near an intersection, except as otherwise provided in Part 11 of this Article.

(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(c) The driver of a vehicle emerging from or entering an alley, building entrance, private road, or driveway shall yield the right-of-way to any pedestrian, or person riding a bicycle, approaching on any sidewalk or walkway extending across such alley, building entrance, road, or driveway.

N.C.G.S. § 20-174 Crossing at other than crosswalks; walking along highway

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right-of-way to approaching traffic.

(e) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Failure to obey any these laws is an infraction pursuant to N.C.G.S. § 20-176 (a) and if convicted, punishable to pay a fine of up to one hundred dollars ($100) pursuant to N.C.G.S. § 20-176 (b).

If you or someone you know is charged with an infraction in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, and call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Jana H. Collins, Office Manager

Driving slowly in the left hand lane is not just a pet peeve, but causes a hazard by negatively impacting the flow of traffic.

This forces faster moving traffic to pass in the right hand lane. Drivers hoping to pass a slow left hand lane driver often signal a lane change toward the center median, flash headlights, or drive very close to the bumper to the slow left hand lane driver, which is known as tailgating.

The left hand lane which is also referred to as the fast lane, inside lane, or passing lane is reserved for faster moving vehicles wishing to pass or overtake. The United States Uniform Vehicle Code states the following: “Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic.”

Some states, including North Carolina, have made it illegal to drive slowly in the left hand lane and fail to yield to traffic that seeks to overtake.

In North Carolina, travel on a multi-lane roadway is governed by N.C.G.S. §20-146(b):

Upon all highways any vehicle proceeding at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 drivers license points pursuant to N.C.G.S. §20-16 (c), or 3drivers license points if the violation occurred during the operation of a commercial motor vehicle.

Most of the laws prohibiting driving slowly in the left hand lane however seem to only be enforced to stop suspicious vehicles or passengers.

Generally, one should always be aware of their surroundings especially while driving and move lanes if they find themselves holding up traffic – the choice to travel in the right hand lane should be made already out of consideration for other travelers, to increase traffic safety, to reduce traffic congestion, and to improve emergency response.

By Jana H. Collins, Office Manager

Heroin is a highly physiologically addictive narcotic derivative of morphine but has a higher potency than morphine. C.R. Alder Wright – an English chemistry and physics researcher in London – was the first to synthesize heroin in 1847. Heroin usually appears as a white or brown powder or as a black sticky substance, known as “black tar heroin.” The name Heroin stems from Bayer, the German Pharmaceutical Company. Bayer named the first diamorphine product Heroin and made its first fortunes in the late 1890s when it commercialized heroin as cough, cold and pain remedy.

The medical use of heroin is prohibited in the United States, because its unwanted effects, i.e. miscarriages, heart infections, and death exceed its values. Heroin however is used illicitly for its euphoric effects and its use is on the rise nationwide.

In the eastern part of North Carolina, law enforcement officials report that the use of heroin, especially amongst high school students, has increased immensely as it has not been seen in decades. For example, while the Police Department of Wilmington, NC, had 12 people arrested for carrying heroin in 2003, the number was almost twenty times as high in 2013 with 214 arrests.

The surge of heroin use appears to be the unintended side effect of the crackdown on the abuse of prescription drugs. While the crackdown on the prescription drug abuse resulted in a decrease of the illegal use of prescription drugs, it also caused some medications to become less available and thereby less affordable. Instead, many turned to a less pricy solution to get euphorically high – heroin.

Even though the use of heroin is at a historic high, experts predict that it has not yet reached the top as addicts are still to some degree able to obtain prescription drugs.

As heroin use may become more prominent in the nearer future, more people may get into a situation in which they may witness a drug related overdose that requires medical assistance. In such situations, limited immunity is extended to those, who seek medical assistance pursuant to N.C.G.S. §90-96.2.

As a heroin user, one does not only face medical and economic, but also legal consequences. Heroin is a Schedule II Controlled Substance pursuant to N.C.G.S. §90-90 (1) and its possession is punishable as a Class I felony pursuant to N.C.G.S. §90-95(a)(3). The sale of heroin is punishable as a Class G felony and the delivery or manufacture is punishable as a Class H felony pursuant to N.C.G.S. §90-95(a)(1).

If convicted of any of those charges, possible consequences are:

– Fines

– Jail or prison time

– Drug treatment/counseling

– Probation

– Difficult bread-winning

– Social stigma

– Permanent criminal record

If you or somebody you know are investigated or have been arrested or charged with a drug crime, you should seek legal counsel to examine all evidence and advise you as to whether accepting a plea deal or going to trial would be in your best interest.

If accepting a plea deal, participation in the Drug Treatment Court (hereinafter DTC) may be considered which is an intensive, highly structured program designed to identify and treat offenders whose criminal activities are generally related to substance abuse offered in 23 counties in North Carolina. Amongst those 23 counties are New Hanover and Brunswick County. In order to qualify for the participation in the DTC, the offender must:

• be addicted to a chemical substance,
• be willing to volunteer for the drug treatment court program, and
• be eligible under the state’s structured sentencing system for a community or intermediate punishment as an alternative to active prison time.

The mission of the DTC is to break the cycle of drug addiction by offering the tools to stay clean. Amongst others, those tools include counseling, housing, school, and employment assistance.

At Collins Law Firm we handle drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients against all types of drug crimes. The experienced team at Collins Law Firm is here for you – just a phone call away at 910-793-9000910-793-9000 .

By Jana H. Collins, Office Manager

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

A Commercial Driver’s License (CDL) is a special driver’s license for those wishing to drive larger vehicles. Every driver is required to hold a CDL to legally operate any vehicle that meets

one or more of these conditions:

– has a gross vehicle weight rating or combination GVWR greater than 26,000 pounds;

– is designed to transport 16 or more passengers, including the driver; and/or

– is transporting a hazardous material or cargo that requires placards.

Possession of a CDL is considered a privilege for drivers and it requires those drivers to abide by other rules in addition to the normal traffic regulations. These include certain violations committed in a Commercial Motor Vehicle (CMV) and those committed in their personal vehicle. Violations to these rules can generally cause a suspension or revocation of your CDL privileges.

A major driving violation that will significantly effect your CDL is Driving While Impaired and other alcohol related offenses

Driving While Impaired (DWI): For commercial drivers in North Carolina, it is illegal to operate any commercial vehicle while under the influence of an impairing substance or with blood-alcohol concentration of .04 percent or higher. DWI is a criminal offense resulting

in a loss of driving privileges for one year following the first conviction and lifetime driver license revocation upon the second conviction, plus court fees (N.C. General Statute 138.1).

NCGS 20-138.2. Impaired driving in commercial vehicle:

(a) Offense — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the state:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in NCGS 90-89, or its metabolites in the driver’s blood or urine.

Some others include:

• Driving While Impaired (BAC of 0.06) in a Commercial Motor Vehicle
• Driving While Impaired (BAC of 0.04 or 0.05) in a CMV
• Leaving the scene of an accident involving a CMV you were driving
• Using a CMV to commit a felony
• Vehicular manslaughter offense occurring while operating a CMV
• Driving a CMV during a period your CDL was revoked, suspended, cancelled, or disqualified

A second conviction of any of these offenses will result in a lifetime suspension of your CDL and if any of these offenses occur while you are driving a CMV that is placarded for hazardous materials, your CDL will be disqualified for a minimum of three (3) year.

If you use a CMV to commit a felony involving controlled substances your CDL will be disqualified for life.

A person can also be suspended from driving a CMV for 60 days if you are convicted of two “serious traffic violations” within a three-year period and for no less than 120 days if convicted of three or more serious traffic violations. Some examples of serious traffic violations are:

• Excessive speeding (15mph or more above posted speed limit)
• Reckless driving
• Following too close
• Erratic lane changes
• Traffic offenses committed in a CMV in connection with fatal traffic accidents
• Driving a CMV without obtaining a CDL
• Driving a CMV without having your CDL in your possession

These traffic violations also carry a heavier point system when dealing with a CDL. For example, if a person with a regular license is convicted of Reckless Driving then they will receive 4 DMV points, however if a person with a CDL is convicted of Reckless Driving then they will receive 5 DMV points.

Another important fact to note is that if you carry a CDL and you are charged with a serious violation in your own personal vehicle (non-CMV), it still may affect your CDL if convicted. So, if you or someone you know has been charged with a violation while possessing a CDL, or was charged while driving a CMV, then please call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Rachel R. Reynolds