It comes time for another holiday weekend in Wilmington, NC as we celebrate a weekend full of activities and events to help celebrate Martin Luther King Jr. Day on Monday, January 20^th, 2014. Thanks to the M.L.K Celebration Committee and their sponsors, these activities continue to be an important educational and community building event here in Wilmington and Southeaster North Carolina.

On Friday, January 17^th, 2014 they will kick off the weekend with the Martin Luther King, Jr. Annual Banquet held at our Wilmington Convention Center with guest speaker N.C Supreme Court Justice Cherie Beasley.

On Saturday, the morning will be started with the N.A.A.C.P/MLK Breakfast at the Warwick Center located on UNCW’s main campus.  Thereafter, the fun will continue with a Kids Fun Day at the William E. Murphy Sports Complex during the day and followed that evening with the Car & Bike Show and Soul-Food Cook-Off.

The activities will start back up on Sunday with the Ecumenical Service to be held at the Fifth Annual Baptist Church and the HBCU (Historically Black College/University) Experience at the Williston Middle School gym where you can watch St. Augustine University Marching Band go head-to-head with Elizabeth City State University Marching Band.

Then, for the finale of the weekend the annual Martin Luther King, Jr. Parade will be held in historic downtown Wilmington, NC, lineup will begin at 9:00am.

With all the activities and events that are to be held this weekend, it will be a weekend full of travelers and patrons hoping to participate in the Martin Luther King, Jr. Weekend celebration. We would like everyone to take caution while driving around town this weekend as the roads should be busy with those celebrating.

Remember, should you or someone you know receive a traffic ticket, get into a fender bender or serious accident, or receive a DUI/DWI or other citation this holiday weekend, call us at (910) 793-9000(910) 793-9000 .

By Rachel R. Reynolds, Paralegal at Collins Law Firm

North Carolina is fortunate to be the hot spot to many tourists because of it’s southern beaches, historical sites, and beautiful landscape. Another attraction that North Carolina is naturally endowed with are some of the greatest motorcycle rides in America that attract bikers from all over. A popular one on the Eastern side of North Carolina is the Topsail Loop ride- which travels from Jacksonville NC to Topsail NC passing over the Atlantic Intracoastal Waterway and traveling through Surf City, NC. With an increase of bikers on the roads, North Carolina decided to pass a new motorcycle safety law, to be effective October 1^st, 2013, which will increase penalties for unsafe movements by drivers that threaten the property and safety of motorcyclists. This law, titled the Motorcycle Safety Act, which will change the reading of G.S. 20-154 to read as rewritten:

PART V. MOTORCYCLE SAFETY

SECTION 5. (a) G.S. 20-154 reads as rewritten:

Ҥ 20-154. Signals on starting, stopping or turning.

(a1)

A person who violates subsection (a) of this section and causes a motorcycle operator to change travel lanes or leave that portion of any public street or highway designated as travel lanes shall be responsible for an infraction and shall be assessed a fine of not less than two hundred dollars ($200.00). A person who violates subsection (a) of this section that results in a crash causing property damage or personal injury to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than five hundred dollars ($500.00) unless

subsection (a2) of this section applies.

(a2)

A person who violates subsection(a) of this section and the violation results in a crash causing property damage in excess of five thousand dollars ($5,000)or a serious bodily injury as defined in G.S.20-160.1(b)to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than seven hundred fifty dollars ($750.00). A violation of this subsection shall be treated as a failure to yield right-of-way to a motorcycle for purposes of assessment of points under G.S.20-16(c).In addition, the trial judge shall have the authority to order the license of any driver violating this subsection suspended for a period not to exceed 30 days. If a judge orders suspension of a person’s drivers license pursuant to this subsection, the judge may allow the licensee a limited driving privilege for a period not to exceed the period ofsuspension. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S.20-16.1(b)(1),(2), (3), (4), (5), and G.S.20-16.1(g).

With this new act, we encourage those who are charged with an unsafe movement citation to contact an attorney, especially is the charge is in connection with a motorcyclist. If you or someone you know receives a traffic ticket or gets charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

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 1^st, 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 17^th, 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 5^th fatality from school bus-related collisions this year and the 13^th 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 1^st, 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 1^st, 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

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.

Job security is always an aspect to consider when choosing a job or career path, especially with a sloping economy. Economists are predicting that over the next fifteen years certain jobs in the medical field such as nurses and nursing assistants will become in short supply, which will increase the demand for such jobs. There are many different certifications and licenses you may receive within this targeted medical field such as becoming a registered nurse, a certified nursing assistant, a licensed practical nurse, along with many more. Persons in the health care field have a very emotional job as they work with those who are sick and ill. As they work with those, who many times cannot take care of themselves, sometimes questions and allegations arise as they help others’ loved ones.

In the State of North Carolina, the Department of Health and Human Services has created a Registry to help monitor any accusations that may arise regarding a discrepancy. The creation of the registry can be found in NC General Statute Section 131E-256 – Health Care Personnel Registry, where it states that:

(a)       The Department shall establish and maintain a health care personnel registry containing the names of all health care personnel working in health care facilities in North Carolina who have:

(1)       Been subject to findings by the Department of:

a.        Neglect or abuse of a resident in a health care facility or a person to whom home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

b.        Misappropriation of the property of a resident in a health care facility, as defined in subsection (b) of this section including places where home care services as defined by G.S. 131E-136 or hospice services as defined by G.S. 131E-201 are being provided.

c.        Misappropriation of the property of a health care facility.

d.        Diversion of drugs belonging to a health care facility.

d1.      Diversion of drugs belonging to a patient or client of the health care facility.

e.        Fraud against a health care facility.

e1.      Fraud against a patient or client for whom the employee is providing services.

(2)       Been accused of any of the acts listed in subdivision (1) of this subsection, but only after the Department has screened the allegation and determined that an investigation is required.

The Health Care Registry can be located on the website of The N.C. Department of Health and Human Services Division.
If a person within the health care field finds their name placed upon the Registry then it will hinder their career drastically! Within NC General Statute 131E-256 it states: “ Before hiring health care personnel into a health care facility or service, every employer at a health care facility shall access the Health Care Personnel Registry and shall note each incident of access in the appropriate business files.” This dictates that health care agencies will check the registry prior before hiring new employees.

However, it is possible that your name could be wrongfully placed upon the registry. If this is the case then you can file for an administrative hearing to contest the listing, “ Health care personnel who wish to contest findings under subdivision (a)(1) of this section are entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice of the Department’s intent to place its findings about the person in the Health Care Personnel Registry.”

If the Department indeed discloses a finding then it is possible to have it removed, “ Health care personnel who wish to contest a decision by the Department to deny a removal of a single finding of neglect from the Health Care Personnel Registry under subdivision (1a) of subsection (i) of this section are entitled to an administrative hearing under Chapter 150B of the General Statutes. A petition for a contested case hearing shall be filed within 30 days of the mailing of the written notice of the Department’s denial of a removal of a finding of neglect.”

Rachel R. Reynolds, Paralegal

The Wilmington Star News – the primary printed news publication in New Hanover County North Carolina reported on recent efforts by law enforcement to  promote adherence to the state’s underage drinking laws.

The paper reported that the New Hanover County ABC Board and the District Attorney’s Office may be teaming up once again to help reduce underage drinking in the area.  The areas include Wilmington, Wrightsville Beach, Carolina Beach, Kure Beach, and all other areas in New Hanover County, and possibly Pender County.

The paper reported that the Fifth Prosecutorial District’s top prosecutor, Ben David, asked the local ABC Board for assistance in developing a uniform way to enforce and punish cases involving underage drinking and related offenses.

Earlier this month, Ben David asked the board for a grant of $106,000 to fund a program comprised of two full-time positions – an assistant district attorney dedicated to prosecuting alcohol cases and a victim-witness coordinator for the specialized prosecutor.

The proposed program would specialize in handling charges from a multi-agency downtown task force, driving-while-impaired arrests involving minors, fraudulent identifications, and underage possession of alcohol.

According to the Star News, Ben David indicated that his focus with the program is on education for first-time offenders, and that underage drinking often leads to other crimes and that by reaching out to teenagers and others under the age of twenty one years of age, they can improve prevention of future problems.

The ABC Board and Ben David  worked together before to increase enforcement of North Carolina’s laws regarding fraudulent identification documents and have promoted increased use of laws that result in the revocation of the offender’s driver’s license if convicted of fraudulent identification offenses.

The Star News indicated that the new project might have hurdles to overcome around before it can be implemented.  The paper reported that Tom Wolfe (who serves on the ABC Board and also is a county commissioner) said “conceptually it looks great [if] we could work something out to help kids realize the seriousness of underage drinking,” but that Wolfe said the local board still had to discuss the proposed program with state ABC Commissioners to make ensure it met the required guidelines before it could be approved.  It was reported that if finally approved, the program would start in October 2013 and be implemented through August 2014.

Southeastern North Carolina is known as an area which is popular for young people to attend College and pursue careers.  Naturally young people enjoy to play and party around our  beaches and downtown areas which provide various opportunities in which they may get charged with crimes. Many young people under the age of twenty one years old (the minimum age to legally purchase and consume alcoholic beverages) either purchase or create fake IDs online or use friends’ IDs who are of age to purchase alcohol.

Convictions of using fake IDs have serious consequences. The conviction of possession of a false identification or a fake ID alone often results in prosecution therefor. The original owner of the ID may face criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In many cases, reinstatement of one’s license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension is not possible.  However, in many cases, avoiding a conviction is possible.

Attorney David Collins has almost 20 years of experience in the legal field, and has represented many people charged with underage consumption or possession of alcohol, and many college students or others charged with  crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving underage consumption or possession of alcohol or a fake ID, call (910) 793-9000(910) 793-9000 for a free confidential consultation.

Southeastern North Carolina is an attractive area for young people to attend school either at UNCW or Cape Fear Community College.  Of course, the same young people also enjoy to live, work, play, and party for which our beaches and downtown areas provide a wide array of opportunities. However, much of the nightlife requires patrons to be 21 years of age.   For this reason, many youngsters either purchase fake IDs online or look to friends who are of age to use their IDs.

They do not realize that getting caught with a fake ID has serious consequences. The possession of a false identification or a fake ID alone warrants prosecution. Nonetheless, the original owner of the ID faces criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In such reinstatement of one license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension period is prohibited.

Attorney David Collins has almost 20 years of experience and represented countless minors, college students or others charged with a crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving a fake ID, call (910) 793-9000(910) 793-9000 for a confidential consultation.

By Courtney Hull, Intern at Collins Law Firm

While the Easter holiday is traditionally not a heavy traffic weekend, this spring’s decrease in gas prices and predictions of pleasant weather for this Easter weekend may impact travel.  In addition, many North Carolina schools are on spring break contributing to traffic congestion.

However, do not try to make up for time lost by speeding—according to the North Carolina Department of Transportation, speeding is one of the main causes of crashes and fatalities on North Carolina reads and was a factor in nearly 400 deaths last year.

Due to the increased amount of traffic it is especially critical to pay a little more attention to the speed limits and your driving habits during this holiday travel time.

Also, the Governor’s Highway Safety Program has teamed up with law enforcement across the state to step up enforcement as part of its “No Need 2 Speed” campaign in order to get motorists to obey the speed limit and slow down.

The focus of the officers’ effort will be noticeable on all roads, including interstates, major highways, rural two-lane roads and city streets across the state.

This week-long campaign was kicked off on Sunday, March 24, 2013 and will last through March 31, 2013.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at (910) 793-9000(910) 793-9000.

By Jana H. Collins, Office Manager

Our nation has faced some difficult economic times as of late. In North Carolina, these trying times have left over 400,000  unemployed and unsure of how they will be providing for themselves and their families. The unemployment rate for young North Carolinians (ages 20-24) more than doubled between 2007 and 2011—the second highest jump in the nation.  North Carolina joined six other states in 2012 to combat this growing trend in a network which emerged as a result of the Pathways to Prosperity Report by the Harvard Graduate School of Education.

The Pathways to Prosperity report was released in February of 2011 by the Harvard Graduate School of Education and was entitled: “Pathway to Prosperity: Meeting the Challenge of Preparing Young Americans for the 21st Century”. This report challenged our excessive focus on the four-year college education and argued that additional pathways need to be created to combine rigorous academics with strong technical education to equip the majority of young people with the skills and credentials to succeed in our increasingly challenging labor market.

Another aspect however—not addressed in the report or by the network— is the challenge our youngsters face due to their youthful indiscretions reflected on their criminal records.

Whether you are hired or promoted for a job may depend on the information revealed in a background check. Job applicants and existing employees as well as volunteers may be asked to submit to background checks. Employers are looking for the best possible candidates for their companies and background checks help sort through the overwhelming number of applicants they have. A blemish from days past can have a negative impact on an individual’s employability. An expungement may be the answer for certain, qualifying individuals who wish to clear their criminal record in order to have a better chance at employment.

If you or someone you know would like to open up career opportunities by discussing the possibility of expunging your criminal record contact Collins Law Firm  at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Courtney Hull, Intern at Collins Law Firm

Motor vehicle crashes are the leading cause of death among those age 5-34 in the U.S. More than 2.3 million drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009. Seat belt use and proper child restraint are the most effective ways to save lives and reduce injuries in crashes, yet millions of adults do not wear their seat belts and fail to properly secure their children on every car ride. Many of these deaths and injuries can be prevented.  Placing children in age- and size-appropriate car seats and booster seats reduces serious and fatal injuries by more than half.

According to North Carolina General Statute § 20-137.1 (Child restraint systems required)

(a) Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.
(a1) A child less than eight years of age and less than 80 pounds in weight shall be properly secured in a weight-appropriate child passenger restraint system. In vehicles equipped with an active passenger-side front air bag, if the vehicle has a rear seat, a child less than five years of age and less than 40 pounds in weight shall be properly secured in a rear seat, unless the child restraint system is designed for use with air bags. If no seating position equipped with a lap and shoulder belt to properly secure the weight-appropriate child passenger restraint system is available, a child less than eight years of age and between 40 and 80 pounds may be restrained by a properly fitted lap belt only.

A violation of this section shall have all of the following consequences:

(1) Two drivers license points shall be assessed pursuant to G.S. § 20-16.
(2) No insurance points shall be assessed.
(3) The violation shall not constitute negligence per se or contributory negligence per se.

For maximum safety and to avoid being charged with failing to restrain a child, follow these recommendations provided by www.buckleupnc.org:
•    Use rear facing child restraints as long as possible, but at least until age two. Most models can and should be used up to at least 30 pounds.
•    Once a child is turned to face the front of the car, use a child restraint with a harness until the harness is outgrown, from 40-80 pounds, depending on the model.
•    Use seatbelts for older children only when they are large enough for both the lap and shoulder belt to fit correctly.
•    Use a seatbelt on every car trip to set a good example for your children.

If you have been charged for failing to restrain a child, for a seatbelt violation  or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal