Memorial Day is approaching this week, making this weekend one of the busiest travel weekends in the country. Now that travel restrictions have been lifted, an influx of Americans feel more comfortable going on trips.

In an effort to keep North Carolina drivers safe, the North Carolina Highway Patrol is working with the NCDOT and the Governor’s Highway Safety Program on their Click It or Ticket campaign. The campaign began on Tuesday, May 24^th and ends on Monday, June 6^th.

Troopers plan on increasing patrols and checkpoints over a span of two weeks in an attempt to encourage drivers to be more attentive when following traffic laws, a main law being the proper wearing of a seatbelt. A violation of North Carolina’s seatbelt law results in a $180 fine.  

Should you or someone you know receive a seatbelt or other traffic citation in New Hanover County, Pender County, or Brunswick County, Collins Law Firm can assist you. Give us a call at (910) 793-9000 for a consultation.

Enjoy your Holiday weekend and don’t forget to fasten your seatbelts!

By Cheyenne M. Hensley, Legal Assistant

In 2021, 424 speed related crash fatalities were reported in North Carolina, 273 of which were of the male population between the ages of 15 and 29. 

At high rates of speed, one’s ability to avoid obstacles in the road, or to maintain lane control in curves is drastically reduced, and vehicles travel considerably further after brakes are applied before they come to a complete stop. 

To bring awareness of the dangers of speeding the Governor’s Highway Safety Program’s annual campaign “Speed a Little Lose a Lot” was launched today, April 11, 2022, and will last through Sunday, April 17, 2022. 

During this campaign, the Governor’s Highway Safety Program, teamed up with law enforcement across the state, will step up the enforcement of speed limits in order to get motorists to slow down. 

For your own sake and the sake of others, please obey the traffic laws, and travel safely. 

However, should you or someone you know receive a citation for a traffic law violation such as a speeding ticket, call the friendly professionals at Collins Law Firm at 910-793-9000 for a confidential consultation.

Collins Law Firm represents people charged with a wide range of traffic matters from simple speeding tickets to serious felony charges. In many cases we are able to avoid the necessity of our clients appearing in court and we help eliminate or mitigate the negative consequences of citations or charges. For most minor traffic matters, Collins Law Firm offers a free initial telephone consultation or we usually have appointments available immediately if you would like to come to our office to meet with a member of our staff.

By Jana H. Collins

WECT reported on February 3, 2022, that they requested and reviewed recent traffic data from the North Carolina Department of Transportation (DOT) due to a “dramatic increase” of traffic-related fatalities in our area. New Hanover County’s District Attorney (DA) Ben David even referenced 35 fatalities that occurred on New Hanover County’s roads alone.  WECT interpreted the DOT data as the highest rise in fatal crashes ever recorded with traffic death numbers in 2021.

State Highway Patrol data show troopers responded to fewer DWI-related crashes in 2021, but speed continues to be a problem.

Wilmington Police Department (WPD) reflected a 48 percent decrease in speeding tickets issued in 2021 than in 2020.  WPD admitted there have been staff shortages since the beginning of the Covid-19 Pandemic, and each of the law enforcement agencies have struggled with filling their many vacancies.  However, WPD swore in eleven officers on January 28, 2022.

With respect to being short staffed, DA Ben David said, “They’re doing more with less than any time I’ve been a prosecutor.  One of my real hopes for 2022 is that we really ramp up enforcement, particularly with two things that kill people on the roads: speed and DWI enforcement.” In conclusion, we should expect to see more blue lights in 2022 according to WECT who reported that there will be an increase in enforcement with an emphasis on Speeding and DWI, which are key factors for fatal crashes.

By Michelle K. McDonald, Paralegal

After the passing of House Bill 158 on June 19, 2020, temporarily waiving the road test requirement for level two limited provisional licenses, North Carolina Division of Motor Vehicles (NCDMV) started to offer road tests to teen drivers again.

House Bill 158 did not address 16- or 17-year-olds seeking a full provisional license – Teen Driver Level 3.  In order to advance to Teen Driver Level 3, one needs to pass a road test.   

NCDMV now offers modified contactless road tests at limited locations by appointment for Level 2 drivers that have received a waiver and now need a road test to advance to Level 3, as well for other qualifying reasons such as: 

• One previously failed a road test and was never retested prior to March 2020;
• Governed by lawful and or legal presence status (not permanent residence);
• Driving privileges were suspended when the previous credential expired;

The road tests developed by NCDMV are now contactless and are held in large parking lots.  This way, the license examiner does not need to sit in the car with the driver. However, only 14 out of 115 driver license offices are equipped to offer these contactless road tests. Also, while one can schedule appointments with the NCDMV online, this option does not currently exist for limited provisional licensees wanting to advance to Level 3.   Due to the limited space for contactless road tests, it may take weeks before one can get an appointment.  You may apply for an appointment by contacting NCDMV by phone at (919) 715-7000, or by email via DMVDS@ncdot.gov.  If you email NCDMV in order to apply for a contactless road test, please include your name, county of residence, driver license or permit number, phone number, and the reason qualifying you to take the contactless road test, i.e. level 2 driver wanting to advance, or previously failed road test, etc.

Please make sure to obey by the strict restrictions for your level of teen driving in order to be able to gain the on-the-road experience necessary to drive a vehicle with no supervision and minimal restrictions, and in order to avoid traffic tickets which may be costly.

However, if you find yourself in need of an attorney because were charged with a traffic violation or crime in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at (910) 793-9000 for a confidential consultation about how we can help you.

By Jana H. Collins

Since November of 2018, there has been an ongoing investigation into drug activities within fraternities on the campuses of University of North Carolina Chapel Hill, Appalachian State University, and Duke University. 21 people, including alumni of the colleges, were indicted last week on charges ranging from conspiracy to distribute cocaine and conspiracy to distribute marijuana, to use of a communication facility to facilitate a drug felony, and distribution of a controlled substance within 1,000 feet of a public or private college or university. Law enforcement seized almost 150 pounds of marijuana, 442 grams of cocaine, 189 Xanax pills, steroids, HGH, and about $27,775.00 in U.S. Currency.

One individual, Francisco Javier Ochoa, Jr., plead guilty to conspiracy to distribute 5 kilograms or more of cocaine and conspiracy to distribute 100 kilograms or more of marijuana on November 24, 2020. As a result, he was sentenced to 73 months in prison, five years of supervised probation, and he was ordered to pay the court $250,000.00. The investigation discovered that Ochoa provided cocaine to the fraternities from California via the U.S. Postal Service, and marijuana was transported by car.

As a result of these charges, the University of North Carolina Chapel Hill has suspended 3 fraternities – Phi Gamma Delta, Kappa Sigma, and Beta Theta Pi, due to their involvement in the purchase and distribution of large amounts of illegal drugs.

Although marijuana is legal in some states, it is not yet legal here in North Carolina, for neither medical nor recreational use.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

Even though the 2020 holiday season is in full swing, it certainly has a different feel to it this year. As a result of COVID-19, there has been a worldwide shift in how people are celebrating. Less people are expected to travel, and when they do, the typical holiday parties and gatherings are being adjusted or rescheduled to accommodate guidelines by the Center for Disease Control and Prevention (CDC). According to Forbes, Christmas travel in the United States is being anticipated to drop quite a bit from 2019. 61% less people were screened by Transportation Security Administration (TSA) this year on the Sunday after Thanksgiving, than on the same day in 2019.

With respect to how to safely gather for the holidays with your family, the CDC recommends that the safest bet is staying home, of course. However, if you will be gathering with family, the CDC recommends that you try to gather outdoors if possible, and try to keep at least 6 feet apart between people who do not share the same household. Rather than having a buffet style meal where everyone gathers around the food at once, another option could be to prepare plates ahead of time with disposable utensils, so that guests can get their food one by one and go back to their seats.

Law enforcement has their work cut out for them for this holiday season. Not only do they normally have to work tirelessly through the holidays to keep us safe, but this year is exceptionally tough due to COVID-19 and the restrictions imposed on us, and the lack of guidelines regarding the enforcement of same.

We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury or wrongful death matter, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We handle matters in New Hanover, Pender, and Brunswick Counties. If you have court in Brunswick County, the Courthouse is located in Bolivia, North Carolina, and includes Sunset Beach, Holden Beach, and Ocean Isle Beach. If you receive a ticket in Topsail Beach or Surf City, you will need to go to the Pender County Courthouse, which is located in Burgaw, North Carolina. If you get a ticket in Wrightsville Beach, Wilmington Beach, Carolina Beach, or Kure Beach, you will have court in New Hanover County, which is located in downtown Wilmington, North Carolina. We also handle wills, caveats, and estate litigations with our of counsel attorney, Mitch Baker.

By Karen M. Thompson, Paralegal

As Memorial Day approaches in the Wilmington, NC area, the usual excitement and preparation for a holiday weekend has been replaced by uncertainty and frustration.

Wilmington mayor Bill Saffo announced on Friday morning that there will be several changes effective at 5:00 p.m. on May 22, for the phase 2 of reopening our economy. One change is the maximum capacity for hotels and motels was raised from 25% to 50%. Some restaurants and salons will be allowed to reopen with restrictions and limited capacity, but bars and breweries are still not allowed to reopen with this Phase 2.

In addition, Wrightsville Beach has lifted all short-term rental restrictions, beaches will be open to all activities, and more parking will be available at certain access points. On-street parking will remain closed to the public.

At Topsail Beach, there has also been restrictions lifted to allow activities and recreation on the beach, and some parking will be available. However, beachgoers are required to comply with regulations that are still in place, restricting groups of more than 10 people, and to maintain a minimum of six feet distance between you and other visitors.

In Carolina Beach specifically, Mayor LeAnn Pierce has amended the State of Emergency Declaration, allowing certain restaurants with private, off-road parking lots to use up to 25% of their parking lot to accommodate outdoor dining.

Other beaches, such as Kure, Ocean Isle, Holden, and Surf City, may also have their own specific guidelines, so make sure to research the restrictions before visiting one of our beautiful beaches over this Memorial Day Weekend.

We hope it will not become necessary, but if you or your loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket, please give our office a call for a confidential consultation. We also handle wills and estates with our of counsel attorney, Mitch Baker.  

By Karen M. Thompson, Paralegal

Pender County was established in 1875 and named after the Confederate Army General William D. Pender who was honored for fighting in many battles for this country. Pender County currently holds a population of 62,162 as of the 2018 U.S. census, and has grown approximately 15% since 1990, when the population was 34,000. This has made Pender County one of the fastest growing counties in North Carolina.  

Known best for its beautiful scenery, voluminous forest areas, and flat terrain with a land area of 869.80 square miles, Pender County is able to grow an assortment of different crops such as sweet potatoes, peanuts, grapes, soybeans, corn, tobacco, and blueberries which generates a major portion of the county’s economic base. Burgaw has their annual Blueberry Festival where more than 30,000 people have been estimated to attend each year for their one-day event, where locals and tourist enjoy family entertainment all day and experience their southern hospitality.  

In addition to the flat terrain in Pender County, there are two rivers that run through the county, the Cape Fear River and the Black River. Running along the Northeast of the Cape Fear River is the Holly Shelter Game Land, where you can hunt during September 8^th through January 1^st and hike through the off season. The Black River is unique due to it being one of only two rivers that are pollution free in North Carolina. Pender County is also home to Topsail Beach, which attracts visitors all year long because of its small town feel and the beautiful beach.     

Pender County has several major highways surrounding it such as I-40, U.S. 17, U.S. 421, and U.S. 117. These highways can help make an easier commute to surrounding cities such as Wilmington, Jacksonville, or Myrtle Beach.

With all the traveling and sightseeing, make sure you are following the rules of the road – always wear your seatbelt, drive at safe speeds, and never drive impaired.

However, if you or someone you know received a traffic ticket, or face a criminal charge in or around Burgaw, NC, in Pender County, in New Hanover or Brunswick Counties, then Attorney David Collins can help.  He has over 25 years of experience in the legal field, and has successfully handled scores of criminal and traffic cases.

Call us for a confidential consultation at (910) 793-9000.  Collins Law Firm is available 24/7 by appointment.

By Karen M. Thompson, Paralegal

In North Carolina, driving is a privilege.  Some drivers however put themselves and others in danger by disregarding traffic laws and driving dangerously, negligently or carelessly.  Such driving behavior is an abuse of one’s driving privilege and may result in the loss of said privilege.  The temporary loss of one’s driving privilege is called suspension.  Upon successful completion of the terms of the suspension, one may get their driving privilege reinstated.  Some offenses however, warrant one’s driving privileges to be terminated.  This is called revocation.  Upon a revocation, one must meet eligibility requirements in order to get their license reinstated and may need to have an administrative hearing.  Once found eligible, one will need to reapply for a driver license at a driver license office.

Below is a table providing general information regarding common suspensions and revocations.  However, each driving record is different and multiple suspensions may effect one’s eligibility for reinstatement of their driving privileges.

Therefore, it is important that you consult with an attorney knowledgeable and experienced in dealing with violations of traffic laws and driving privileges to either avoid a suspension or revocations, or to meet eligibility requirements for the reinstatement of one’s driving privilege.

Collins Law Firm represents people charged with a wide range of traffic matters from simple speeding tickets to serious felony charges. In many cases we are able to avoid the necessity of our clients appearing in court and we help eliminate or mitigate the negative consequences of citations or charges. For most minor traffic matters, Collins Law Firm offers a free initial telephone consultation or we usually have appointments available immediately if you would like to come to our office to meet with a member of our staff.

Should you or someone you know receive a citation for a traffic law violation such as a speeding ticket, call the friendly professionals at Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

Pursuant to North Carolina General Statute § 20-135.2A, all passengers in a vehicle are required to be properly restrained and violations are punishable by fines of currently up to $179.

North Carolina Highway Patrol, Colonel Bill Grey said:  “Wearing your seat belt is the single most effective action to protect yourself in a crash.”

Over 400 people died last year in North Carolina alone as a result of not wearing their seat belt.

In an effort to reduce that number, the N.C. Governor’s Highway Safety Program along with state and local law enforcement will be ticketing offenders.   This year’s 25^th annual Memorial Day Click It or Ticket campaign began on Monday, May 21, and will last through Sunday, June 3, 2018.

Therefore, if you hit the road along with almost 1.1 million North Carolinians this weekend, make sure you travel safely and buckle up.

Should you or someone you know still end up with a seat belt ticket or any other kind of traffic citation in New Hanover, Brunswick, or Pender County, then Collins Law Firm can help.  Please call us at 910-793-9000 for a confidential consultation.

Enjoy your Holiday weekend!

By Jana H. Collins