An 81-year-old woman ticketed for passing an idling line of cars in order to access her own driveway got a break in court, after an attorney saw her story on WECT and offered to represent her for free.

In September, we ran a story about problems residents in the Green Meadows Neighborhood were having when cars cued up outside their homes for carpool drop off and pick-up at nearby Noble Middle School.

They complained the line of cars backed up for blocks and blocks outside of the school parking lot, sometimes limiting access in and out of their driveways for 30 minutes or more twice a day.

Their frustration escalated when resident Joann McKendrick received a $238 ticket in September for driving around a line of cars blocking access to her house.

Attorney David Collins saw the story about her ticket, and offered to represent McKendrick in court at no charge. Collins thought there were several legal defenses in her case and hoped he could get her ticket reduced if not dismissed entirely.

McKendrick happily accepted his offer when we put Collins in touch with her. She had been charged with operating a motor vehicle on the wrong side of the roadway, and her case went to court earlier this month.

“The prosecutor was not willing to completely dismiss it, but we were able to get it reduced to a non-moving violation with no points, and Ms. McKendrick did not have to appear in court,” Collins explained of the outcome of the case.

Wilmington Police had initially beefed up their patrolling in the neighborhood at the request of residents upset about the traffic tie-ups.

But Collins says Wilmington Police told him the vast majority of the subsequent tickets were given to people who lived in the neighborhood, not drivers waiting to drop off or pick up their kids from Noble Middle School.

“After patrolling for a few weeks, the complaints stopped, so [police] discontinued patrolling for these type of violations,” Collins said of how the situation was explained to him.

He says he was also told the school board and city planning officials were looking into potentially expanding the street to include a waiting area for cars so they would not block the flow of traffic.

By: Ann McAdams, Investigative Reporter

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

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

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

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

By Kimberlin Murray, Legal Assistant

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

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

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

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

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

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

Memorial Day is right around the corner, and for those of us near the coast, this means considerably higher traffic along our thoroughfares as vacationers flock to the beach for the holiday weekend. Ranking as one of the top ten most visited states for domestic travel, NC commonly experiences increased roadway congestion. What this weekend should also remind us of, however, is the extreme importance of automobile safety as our loved ones submit themselves to the mercy of their fellow drivers among our state’s highways. This sentiment is echoed by Governor Pat McCrory, who has officially declared May Seat Belt Safety Awareness Month. At 42% percent, almost half of passenger vehicle fatalities last year can be attributed to drivers or passengers not wearing seat belts.

To this end, the Governor’s Highways Safety Program features the continuance of the State’s “Click it or Ticket” campaign intended to increase seat belt usage by raising awareness of NC’s strict seat belt policies: charging up to $179 in fines per ticket and even up to $263 per passengers 15 and under not wearing their seat belt. The initiative also features the increased likelihood of police checkpoints on the roads intended to make sure drivers are buckling up.

On the other hand, for drivers leaving the coastal area, here are a few helpful pieces of traffic information courtesy of the North Carolina Department of Transportation to expedite your commute:

• N.C. 42 will have a signed detour, road closure and bridge replacement east and west of Ahoskie Creek in Hertford County.
• N.C. 94 will have a road closure and bridge construction on Elementary School Road at U.S. 64 in Tyrrell County.
• U.S. 158 will have two-lane two-way traffic on the Pasquotank River Bridge in Pasquotank County.
• I-85 will have lane closures in both the northbound and southbound lanes traffic between the Virginia line and the town of Henderson. The pattern affects traffic in Vance and Granville counties.
• U.S. 23/74 will have a bridge replacement in Jackson County.
• N.C. 294 will have portable traffic signals in Cherokee County.

As always, remember to start your commute early in the day to avoid peak traffic hours, obey the posted speed limits, never drive when feeling tired or drowsy, and needless to say, buckle up!

Have a great Holiday weekend, and stay out of trouble; but if you do find yourself in need of representation or know someone else who does, be sure to give us a call at Collins Law Firm (910) 793-9000.

By Clifford Howie, Legal Assistant

The Wrightsville Beach 32nd annual North Carolina Holiday Flotilla is upon us! Many Wilmingtonians look forward to this water-based event every Thanksgiving weekend, as family and friends come together to eat, drink, and celebrate the holiday together. Whether you have a boat entered in the contest or will be watching from land, it may be beneficial for you to be up-to-date on North Carolina’s laws against Boating While Impaired, commonly referred to as “BUI” or “BWI”.

G.S. 75A-10(b1) forbids the operation of any vessel while on NC waters under the following circumstances: (1) while under the influence of an impairing substance; or (2) after having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more. Additionally, G.S. 75A-10(b) bars a person from “manipulat[ing] any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.” One charged in violation of either of these two statutes is subject to being convicted of a Class 2 misdemeanor.

There are many similarities between the laws and consequences associated with DWIs and BWIs. One major difference, however, is that a BWI is not an implied consent offense – meaning, that while operating a vessel/surfboard/waterskii, you are not required by law to consent to a breathalyzer test as you are when suspected of drinking and driving. So what happens if your boat is pulled over and you are asked by an official to “blow” into the breathalyzer? In NC, this situation is more an analysis of the Fourth Amendment (prohibits unreasonable searches and seizures), rather than a statutory regulation. If one consents to a breathalyzer, obviously the need for a warrant is void. But keep in mind, refusing a breathalyzer may carry a double-edged sword in the likely event that upon refusal, the official becomes more suspicious and aggravated and thus proceeds to obtain a warrant. As decided by State v. Fletcher (2010), if an official suspects that one’s blood alcohol content may decrease while trying to obtain a search warrant, he or she is permitted to conduct a blood alcohol concentration test.
If convicted of a BWI, the consequences aren’t favorable. This charge isn’t one that you can simply pay off like a traffic ticket, but rather, a misdemeanor that will remain on the record for the rest of your life. Recreational boaters are subject to have their boater license suspended and face insurance increases, for both the boat and all automobiles on the policy.

It is best to treat operating a boat just as you would a vehicle – don’t drink and drive! Nonetheless, if you or someone you know is caught in a situation such as this or similar, call us today to schedule a consultation to speak with our knowledgeable and experienced attorney (910) 793-9000.

By Amber Younce, Legal Assistant

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

Year after year during the Thanksgiving holiday period we experience one of the most travel heavy times of the year.  This year a large storm threatens our Thanksgiving holiday travel and may require a lot of patience while on the roads.

This year, the North Carolina Highway Patrol along with numerous state police agencies will be patrolling along the I-40 corridor in an attempt to ensure a safe and uneventful driving environment through constant visibility.

In addition to the presence of law enforcement, motorists are urged to inform the State Highway Patrol at *Hp or at *47 of any careless or reckless driving they may observe.

Also, law enforcement all over North Carolina launched the Thanksgiving “Click it or Ticket” campaign, which will last through Sunday, December 1, 2013 in order to crack down on drivers who do not wear their seat belts.

While during last year’s Thanksgiving holiday, 11 fatal crashes and 432 injury collisions occurred, our law enforcement is hopeful to save lives and prevent injuries.

Spend this Thanksgiving holiday with your friends and or family, enjoy your turkey and pumpkin pie, and have a few drinks if you wish, but please, be patient in this holiday traffic and if you drink, do not drive – take a cab or have a designated driver.

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

By Jana Collins

The Wilmington Star News recently reported that there are additional precautions in place for this year’s annual Fourth of July bash on Masonboro Island which will be focused on public safety. However, Richard Johnson founder of Masonboro.org, which is a volunteer organization dedicated to protect public access to the island, says as conservationists their group has solved the problem of leftover trash – by assuming responsibility for removing it.  Mr. Johnson said that the “amount of trash we picked up two years ago was 2,500 pounds. Last year, it was 4,000. . . . I don’t like it, but if the party is going to be there and the trash is going to be left behind, Masonboro.org is going to be there to clean it up.”

Trash and beer cans left on the island is the most visible remnant of the party, according to the Wilmington Star News (the Star News).  The annual event draws hundreds of revelers to the island each year. The Star News reported that many get to the festivities by hitching rides on boats with people they don’t know and are left stranded on the island after the party, with no way back to the mainland. Last year, nearly 1,500 people came to party, resulting in a handful of drunken fistfights and more than 130 injuries requiring medical attention.

Wilmington Star News reported that David Cignotti, mayor of Wrightsville Beach said:  “It’s important that all the agencies talk and coordinate, and that’s what we’ve attempted to do. . . . Adding additional police protection there will probably help temper some folks and some of their activities. We’re going to be getting out early, because a lot of folks will get picked up on Wrightsville Beach and transported over, and we’re going to crack down on that activity. . . .  To take money and take people over there, you need a business license from the town, and you should not be using our public parks to take people over there.”

If the stepped up preventative efforts fail to alleviate the problems despite the outreach efforts and increased security, state agencies may pursue other control measures. Masonboro.org members have bristled at the possibility of new regulations for reserve sites that could change the way residents are able to use the island, saying that people who visit the shore responsibly shouldn’t be punished for the antics of out-of-towners occurring on one day each year.  Collins Law Firm agrees. “We heard resoundingly from our membership that they felt they shouldn’t be penalized,” Johnson said. “We really are pretty passionate about keeping things the way they are.”

The local paper at Wrightsville Beach, The Lumina News reported that water taxis transporting revelers to Masonboro Island for the Fourth of July will be under increased scrutiny this year as the Wrightsville Beach Police Department hopes to eradicate private individuals from operating illegal water taxis.

The Lumina News reported that in the past, Wrightsville Beach Police Chief Dan House said that “when boaters offer to carry passengers to and from private and public docks around Wrightsville Beach to Masonboro Island in exchange for money it contributes to the issues on both islands . . . [and] that he thinks the situation will be better managed than last year. . . . That bleed-over that we get from Masonboro is what we are trying to shut down. . . . [p]eople come back over here, usually drunk and causing problems so we are going to really focus on the water taxis.”

Wrightsville Beach Town Manager Tim Owens indicated that the Town has not issued any business licenses for water taxis anyone operating a taxi will be in violation of a town ordinance. Also the United States Coast Guard could charge operators in violation with federal law if they don’t have a captain’s license. Chief House reportedly said that his officers did not begin patrolling the docks and actively searching for water taxis until around 11 a.m. after which time many partiers had already been ferried to the island.

The Lumina News reported that this year a command center will be set up at the United States Coast Guard Station at Wrightsville Beach comprised of representatives from the Wrightsville Beach Police Department, the Wrightsville Beach Fire Department, the Wrightsville Beach Ocean Rescue, the Wilmington Police Department, the New Hanover County Sheriff’s Office, the New Hanover County Emergency Management, the New Hanover County Fire Department and the New Hanover Regional Emergency Medical Services. From the command center, Chief House indicated that all organizations involved would be able to more effectively deal with unruly situations that may arise on Masonboro Island.

Chief House also said that on the Wrightsville Beach strand, he expects more citations for alcohol and glass on the beach to be issued. The Lumina News wrote that Chief House said due to the increased signage indicating the prohibition of glass and other banned substances: “There is no way anyone can walk out on the beach without seeing it,” he said. “If they come from a private residence they could say that but … we are going to be reluctant to uphold any appeals if their excuse is, ‘I didn’t know.’”

Illegal fireworks are also a typical issue for law enforcement to deal with on the Fourth of July evenings. Chief House said that this year his department would be working with officers from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District Attorney’s office to increase law enforcement to stop the use of such fireworks on the Fourth of July.   The Lumina News reported that Chief House said “Our policy in the past has been to go over there, ask whose fireworks they are and nine times out of 10 nobody claims them so we seize them, because they are illegal, and turn everything over to ATF,” he said. “There are certain areas we know have fireworks on the island that we have had problems with; and we have already spoken with either the homeowners or businesses and let them know … just to give them a fair warning so hopefully it will go better than it has in the past.”

The Fourth of July is America’s Birthday.  On July 4th, 1776, our founding fathers formally executed the Declaration of Independence, which formally declared the revolt and refusal to submit to the abusive exercise of authority of our previous supreme ruler:  Great Britain.  The Declaration of Independence in its conclusion proclaimed:  We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Today’s events are part of our country’s celebration of the founding of our country.  Today is the 237th anniversary of the our Declaration of Independence from Great Britain.

In response to the recent reports of dramatically increased efforts by law enforcement and other organizations to put an end to the rowdy celebrations on Masonboro Island during, and presumably more specifically to the threat of imposition of regulations restricting access to the island, Richard Johnson, the founder of Masonboro.org, wrote a letter to the editor of the Wilmington Star News which was published in late June, 2013.  Here is a reprint of Mr. Johnson’s letter the editor:

In the recent article about officials cracking down on the annual island bash, state officials made some key points that could shape public opinion. Unfortunately, these points were just not true. The first one states that the party wreaks havoc on the island … not true. The party takes place on a small spit of land on the north end that represents less than .01 percent of the island. The second point mentions heaps of trash scooped up the next day by Coastal Reserve staff members. For the last three years, Masonboro.org has handed out trash bags and removed trash during the party. When the party is over, the trash is gone. There are no huge piles of trash left behind. Last year over 50 Masonboro.org members – with the help of Waste Management – removed and recycled 4,000 pounds of trash. I am also skeptical about the mention of 130 injuries. Our volunteers only saw a handful of people seeking out medical attention. Most of these were from stepping on oyster shells.  Finally, we take issue with the statement: “This is the last place this type of activity should be occurring.” While we are not a big fan of the party, we are passionate about keeping the island open to the public. The overwhelming majority of the kids over there behave as good citizens. Those who break a law while on the island should be removed and arrested.  When state officials present misleading facts that could shape public opinion against public access, it is an injustice to all the people who use the island responsibly all year long.  By:  Richard Johnson, Wilmington

Collins Law Firm supports the efforts of Masonboro.org, and encourages everyone to behave and party responsibly and safely not only on the Fourth of July, but always.  However, if you or someone you know receive a traffic ticket or get 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.

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

Over the past twenty years, cell phones have become an essential part of day to day life for many Americans. Cell phones continue to provide us with the convenience to communicate while on the go, comfort in knowing we have a way to call for help in case of an emergency, and access to music, games and entertainment.  Cell phones can make life easier, but when used irresponsibly, can have disastrous consequences.

Answering a text takes away your attention for about five second. That is enough time to travel the length of a football field. We know it is dangerous, but many of us continue to send or receive text messages while driving thinking that nothing will happen to them. But according to the National Highway Traffic Safety Administration, text messaging while driving makes a car crash 23 times more likely and 1.3 million auto collisions involved cell phones last year.

Unfortunately, about 6,000 deaths and about 500,000 injuries are caused by distracted drivers every year.  In response to the rapid increase in texting while driving fatalities, 39 states, including North Carolina have passed laws prohibiting all drivers from texting while driving. Texting while driving is a violation of the North Carolina General Statute §20-137.4A.

N.C.G.S. §20-137.4A Unlawful use of mobile telephone for text messaging or electronic mail
(a) Offense. – It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
(1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
(2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.
(b) Exceptions. – The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped.
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
(4) The use of voice operated technology.
(c) Penalty. – A violation of this section while operating a school bus, as defined in G.S. 20-137.4(a)(4), shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.

A texting while driving charge will not cause you to receive any drivers license points or insurance surcharges, however the charge will appear on your North Carolina DMV record unless you are able to have the charge dismissed. If you or someone you know has received a ticket for texting while driving, call Collins Law Firm for a free consultation at 910-793-9000910-793-9000.

By Lauren Seidel, Paralegal