Memorial Day is a significant occasion in North Carolina, as it not only serves as a time to honor and remember the sacrifices of our military heroes but also marks the beginning of the “Click It or Ticket” campaign. This statewide initiative aims to raise awareness about the importance of seat belt usage and enforce strict seat belt laws. The “Click It or Ticket” campaign plays a crucial role in promoting road safety, reducing fatalities and injuries, and creating a culture of responsible driving in North Carolina.

The Importance of Seat Belt Usage:

Seat belts are one of the most effective safety devices in vehicles, proven to save lives and prevent severe injuries in the event of a crash. Studies have consistently shown that wearing seat belts significantly reduces the risk of fatalities and serious injuries. The “Click It or Ticket” campaign emphasizes the importance of using seat belts for all occupants, regardless of their seating position.

Raising Awareness:

The “Click It or Ticket” campaign utilizes various strategies to raise awareness about seat belt usage. Public service announcements, educational programs in schools, and media campaigns play a vital role in disseminating information and encouraging individuals to buckle up. By highlighting the consequences of not wearing seat belts, the campaign underscores the need for responsible behavior on the road.

Strict Enforcement and Penalties:

The campaign combines education with enforcement by employing law enforcement agencies to conduct targeted seat belt checks and patrols. Officers actively enforce seat belt laws and issue citations to drivers and passengers who fail to comply. The imposition of fines and penalties acts as a deterrent and encourages individuals to adopt safe habits. By strictly enforcing seat belt laws, the campaign aims to create a culture of compliance and responsibility.

Collaborative Efforts:

The success of the “Click It or Ticket” campaign relies on collaboration among various stakeholders. State and local government agencies, law enforcement, community organizations, and media outlets join forces to promote the campaign’s objectives. Partnerships are forged to maximize outreach, allocate resources effectively, and engage the public in road safety initiatives. By working together, these entities create a unified front to address the issue of seat belt non-compliance.

Positive Impact on Road Safety:

The “Click It or Ticket” campaign has demonstrated significant positive impacts on road safety in North Carolina. By consistently reinforcing seat belt usage and enforcing compliance, the initiative has contributed to a reduction in traffic fatalities and injuries. According to statistics, states with primary seat belt laws, such as North Carolina, have higher seat belt usage rates and lower fatality rates compared to states without such laws. This highlights the effectiveness of the campaign in promoting safer driving practices.

The North Carolina Memorial Day “Click It or Ticket” campaign serves as a powerful reminder of the importance of seat belt usage and responsible driving. Through comprehensive awareness programs, strict enforcement, and collaborative efforts, the campaign aims to instill a culture of seat belt compliance, ultimately saving lives and reducing injuries on the road. As we honor our fallen heroes during Memorial Day, let us also honor their memory by prioritizing safety and protecting one another through the simple act of buckling up.

Increased law enforcement efforts will also be focused on all types of traffic violations including speeding, DWI, driving while license revoked, and other infractions such as running red lights or stop signs.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Over the weekend, the Brunswick County Sheriff’s Office participated in a multi-agency Booze It and Loose it campaign through the Governor’s Highway Safety Program. The campaign resulted in total of 524 incidents reported:

• 29 DWI’s
• 92 speeding citations
• 35 restraint citations
• 53 no operator’s license
• 33 driving while license revoked
• 20 no insurance
• 65 registration violation citations
• 7 careless and reckless driving
• 102 other traffic citations
• 74 warnings
• 9 drug charges
• 5 criminal charges

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Under North Carolina law, what are the classifications for misdemeanors and their maximum punishments? What are ways to avoid maximum punishment including probation and community service?

Under North Carolina law, misdemeanors are classified into four categories: Class A1, Class 1, Class 2, and Class 3. The maximum punishments for each class are as follows:

1.         Class A1 Misdemeanor: This is the most serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class A1 misdemeanor is 150 days in jail and a fine to be determined by the court.

2.         Class 1 Misdemeanor: The maximum punishment for a Class 1 misdemeanor is 120 days in jail and a fine to be determined by the court.

3.         Class 2 Misdemeanor: The maximum punishment for a Class 2 misdemeanor is 60 days in jail and a fine to be determined by the court.

4.         Class 3 Misdemeanor: This is the least serious type of misdemeanor offense in North Carolina. The maximum punishment for a Class 3 misdemeanor is 20 days in jail and a fine to be determined by the court.

It’s important to note that judges have discretion in setting the specific punishment for a misdemeanor offense within the maximum allowable range and may take into account factors such as the severity of the offense, the defendant’s criminal history, and other mitigating or aggravating circumstances.

There are several ways to avoid the maximum punishment for a misdemeanor offense in North Carolina, including:

1.         Plea bargaining: This involves negotiating a plea agreement with the prosecutor, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence. This can often result in a lesser sentence than the maximum punishment for the offense.

2.         Probation: In some cases, a judge may sentence a defendant to a certain amount of jail time but suspend the sentence and place the defendant on probation instead. If the defendant successfully completes their probation, they may avoid serving any jail time.

3.         Community service: Some misdemeanor offenses may be punished with community service instead of jail time. Community service involves performing unpaid work for a certain number of hours, usually for a non-profit organization or government agency.

It’s important to note that the availability of these options may depend on the specific facts of the case, the defendant’s criminal history, and the discretion of the judge and prosecutor involved.

We hope it will not become necessary, but if you or a loved one get into trouble with a criminal matter or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

In North Carolina, a conditional discharge or deferred prosecution is a program available for certain first-time offenders who are charged with certain misdemeanor or felony offenses. This program is sometimes referred to as “90-96” because it is authorized under section 90-96 of the North Carolina General Statutes.

Under this program, the court may defer prosecution of the case for a period of time, during which the defendant must comply with certain conditions, such as completing community service, attending counseling or treatment programs, and avoiding further criminal activity. If the defendant successfully completes the conditions of the program, the charges may be dismissed and the defendant may be eligible to have their record expunged.

The types of offenses that may be eligible for a 90-96 or conditional discharge or deferred prosecution include certain drug offenses, certain larceny offenses, and certain traffic offenses, among others. However, not all offenses are eligible for this program, and the decision to grant a conditional discharge or deferred prosecution is within the discretion of the court.

It’s important to note that a conditional discharge or deferred prosecution is not available for all first-time offenders or for all types of offenses, and the terms and conditions of the program can vary depending on the specific circumstances of the case. The primary requirement to be eligible is that the defendant has never previously been on probation, either supervised or unsupervised. Defendants who are considering a conditional discharge or deferred prosecution should consult with an experienced criminal defense attorney to understand their rights and options under the law.

If you are charged with any type of crime in Southeastern North Carolina (NC), in or around Wilmington, New Hanover County, Bolivia, Brunswick County, or Burgaw, Pender County, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

Under North Carolina law, what are the ways you can lose your driving privilege?

Under North Carolina law, there are several ways that a person can lose their driving privilege. Here are some of the most common:

1.         Conviction of certain traffic offenses, including driving while impaired (DWI), reckless driving, hit and run, and speeding over 75 mph.

2.         Accumulation of too many driver’s license points within a specific period of time. Points are assigned for various traffic violations, and when a driver accumulates a certain number of points within a three-year period, their license may be suspended.

3.         Failure to appear in court or pay fines for traffic violations.

4.         Failure to maintain proper liability insurance coverage for your vehicle.

5.         Medical conditions or disabilities that make it unsafe to drive.

6.         Habitual drug or alcohol use that makes it unsafe to drive.

7.         Non-driving-related offenses, such as failure to pay child support or certain criminal convictions, can also result in a license suspension.

It’s important to note that the length of a license suspension can vary depending on the offense and whether it’s a first-time offense or a repeat offense.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, or face a suspension of your driver license, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

2023 St. Patrick’s Day – Booze I & Lose It Campaign

On Saint Patrick’s Day, we are celebrating the beginning of Christianity in Ireland.

The holiday is named after Saint Patrick (AD 385–461), who is the most recognized patron saint of Ireland.

St. Patrick’s Day festivities involve parades and the wearing of green attire and shamrocks.  Also, on St. Patrick’s Day, the eating meat and drinking alcohol are permitted despite the prohibitions of the Lenten season.  Unfortunately, too many decide to drive after consuming alcoholic beverages.  Last year, about 225 motorists were injured due to impaired driving around St. Patrick’s Day, including 11 fatalities.

In an effort to deter those who have been drinking before getting behind the wheel, law enforcement officers statewide will be on patrol and set up DWI checkpoints.

If you find yourself questioning whether you had too many stouts, lagers, cream ales, ales, etc, do not risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab, UBER, or LYFT, or have a sober friend take you home.

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 for a confidential consultation.

Stay safe, Wilmington!

By Jana H. Collins, Office Manager

As the Wilmington area continues to grow, more drivers will be on the roads, ultimately increasing the likelihood of car accidents. WECT News compiled a list of some of the worst intersections for car accidents in the area that were reported from 2018-2021. It should be noted that the volume of traffic is what contributes to the number of accidents on these roads and these intersections are not more/less dangerous than other roads and intersections.  

The worst intersections for car accidents reported between 2018-2021 in New Hanover County are as follows:

1.            College Road & New Centre Drive

• 171 accidents were reported at this intersection and the most common type of accident at this intersection is angle accidents (includes T-bone collisions).

2.            Kerr Avenue & Market Street

• 124 accidents were reported here, and angle accidents were the most common accident type. However, NCDOT has made improvements to Kerr Avenue over the last few years and left turns are now prohibited at the intersection.

3.            College Road & Oleander Drive

• 108 accidents were reported at this intersection and the most common accident type was rear-end accidents.

4.            Market Street & New Center Drive

• 106 accidents were reported at this intersection and angle accidents were the most common accident type. Although New Center Drive is a short road, the volume of cars on that road is high, partially due to the several commercial businesses located there.

5.            College Road & MLK Parkway

• 101 accidents were reported here, and rear-end collisions are most common at this intersection. This roadway is heavily traveled, especially since vehicles coming from and heading to Interstate 40 end up at this intersection and onto College Road.

6.            College Road & Randall Parkway

• 99 accidents were reported here, and rear-end collisions are most common at this intersection. This heavily traveled intersection is near UNCW.

7.            Gordan Road & College Road

• 93 accidents were reported here and rear-end collisions are most common at this intersection.

8.            Gingerwood Drive & Market Street

• 89 accidents were reported here, and angle accidents are most common at this intersection.

9.            Fifth Street and Wooster Street

• 88 accidents were reported at this intersection over the three-year period.

10.          Third Street and Wooster Street

• 84 accidents reported here. Only two blocks away from Third & Wooster intersection, this is a common site for high traffic volume because it leads drivers across the Cape Fear Memorial Bridge.

Unfortunately, car accidents occur and are sometimes out of one’s control. However, if you are hurt in a motor vehicle collision, you may be able to recover from the “at fault” driver who caused the accident. In North Carolina, you can receive compensation for pain and suffering by filing a claim for personal injuries. If a person’s death resulted from a collision caused by another driver’s negligence, a wrongful death claim (type of personal injury) could be filed. 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 you get into trouble with a criminal matter, or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

Mark Ezzell, the director of the NC Governor’s Highway Safety Program, stated “If you plan on going out and celebrating the holiday season, make sure you plan ahead to have a sober driver take you home. If you drive impaired, you have a lot to lose. Not only could you kill yourself or someone else, you could be facing thousands of dollars in court costs and fines, jail time, and a revoked driver’s license.”

From December 12^th, 2022, to January 1^st, 2023, the North Carolina State Highway Patrol is running their “Booze It & Lose It” holiday campaign. The campaign will consist of increased patrols and checkpoints in an effort to apprehend impaired drivers from getting behind the wheel.

The 2021 “Booze It & Lose It” campaign data from the North Carolina Department of Transportation reflects that New Hanover County had a total of 25 checkpoints and patrols and 46 total DWI arrests, Pender County had a total of 51 checkpoints and patrols and 14 total DWI arrests, and Brunswick County had a total of 18 checkpoints and patrols and 37 total DWI arrests.

As of December 2022, there has been a total of 432 alcohol or drug-related accidents resulting in deaths. The ”Booze It & Lose It” campaign targets impaired drivers in an effort to prevent that total from increasing before the beginning of the new year.

The NC Governor’s Highway Safety Program recommends travelers stay safe on the roads this holiday season by following a few simple tips:

• Do not drive impaired and plan ahead by obtaining a sober driver
• Wear your seatbelt when riding in any seat in the vehicle
• Follow the speed limit

Should you or someone you know receive criminal charges resulting from driving while impaired or any traffic law violation in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Cheyenne M. Hensley, Legal Assistant

With the celebration of Halloween, the holiday season begins.  According to the Highway Safety Program, Halloween is among the most dangerous times a year for traffic accidents.  Halloween parties and trick-or-treat events invite individuals to come out, and the chances for drunk driving and pedestrian accidents increase. 

With the statewide Booze It & Lose It campaign which began on October 24, 2022, and will last through October 31, 2022, the Governor’s Highway Safety Program is aiming to discourage drivers from operating a car after consuming alcohol.   There will be increased law enforcement patrolling our roads, and sobriety checkpoints will be set up.

It is very dangerous to drive distracted or impaired.  But especially on Halloween with excited kids darting out in the middle of the street or simply crossing without looking, all drivers should be vigilant, keep their eyes on the road and be prepared to stop.

If you plan to go out and enjoy alcoholic beverages, please have a designated driver, use a taxi, Uber, or Lyft.  Please make sure not to turn a good time into a tragedy for yourself or others.

Also keep in mind, a charge of driving while impaired can be expensive. People charged with DWI can lose their license and may have to pay thousands of dollars in court fees and increased insurance premiums.

Have a good time this weekend and be safe!

By Jana H. Collins