Driving While Impaired (DWI) is not limited to just alcohol. Research suggests that in instances of driving while impaired due to the use of drugs, specifically marijuana appears to have an increased rate of involvement in motor vehicle accidents. Marijuana has been identified most frequently in the blood of drivers involved in accidents, including those that resulted in fatalities. However, it can be difficult to pinpoint whether marijuana impairment plays a direct role in car accidents because the drug can be detected in bodily fluids for days and sometimes as long as a few weeks, while the symptoms of intoxication typically only last a couple of hours.

Studies by the National Highway Traffic Safety Administration suggest that during the early months of 2020 and the rise of the COVID-19 pandemic, driving patterns and behaviors in the United States changed significantly. Among the drivers who remained on the roads, many engaged in riskier behavior, including failure to wear seatbelts, speeding, and driving while impaired by alcohol or other drugs. Another study on seriously or fatally injured car accident victims mentioned that five participating trauma centers reported almost two-thirds of drivers involved in an accident tested positive for at least one active drug, including alcohol, marijuana, and opioids between mid-March and mid-July of 2020.

Until recently, testing for drug impairment has been somewhat problematic due to limitations regarding drug-detecting technology and the lack of a consumption limit for the purposes of determining impairment. Now, a company by the name of “Gaize” has been in the process of developing a new technological device that can detect drug impairment among drivers in the United States. This new technology is the first roadside test for identifying marijuana impairment in drivers. The device consists of goggles, similar to those used in virtual reality, which detects involuntary micro-movements that transmit information about someone’s impairment or sobriety. Gaize conducts the same testing that is performed during a Standardized Field Sobriety Test and captures irrefutable video evidence of eye movement.

With marijuana use increasing dramatically in the United States, this new technology can decipher between heavy users, who may have a large amount of THC in their system but are sober, and infrequent users, who may have a very small amount of THC in their system but are extremely impaired.

If you choose to use impairing substances, be sure to do so responsibly by planning ahead for a sober driver, prevent your friends from getting behind the wheel if they are impaired.

Cheyenne M. Hensley, Legal Assistant

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

As the fall season starts this year and Halloween comes closer, there are more pedestrians as well as more drivers on our roads.

There have been multiple hit-and-run accidents this year in our area, including the tragic death of 25-year-old Ammad Brown, who was hit and killed by a vehicle last month in Carolina Beach.

The Wilmington Police Department (WPD), as well as other local authorities, urges pedestrians to be extra cautious and mindful of the laws, especially considering that traffic has the right of way if a pedestrian is crossing the street mid-block.

Authorities say that following these pedestrian safety tips could save lives:

• If there is no sidewalk, walk facing traffic and as far from traffic as possible.
• When possible, cross the street at a designated crosswalk.
• Always look both ways before crossing the street.
• Look for cars in all directions, including those turning right or left.
• Never assume a driver sees you. Make eye contact with drivers as they approach you to make sure you are seen.
• Walk on sidewalks whenever they are available.
• Wear bright clothing during the day and wear reflective materials or use a flashlight at night.

Another extremely common cause of car accidents is distracted driving. Distracted driving includes texting, eating, or simply not paying attention to their surroundings while operating a motor vehicle.  It only takes a moment of distraction for a possibly life-changing accident to occur.  Take a second to think before texting while driving, or being distracted in another way – it could be what it takes to save a life! However, eliminating distractions while driving is only half the battle when considering being a safe driver – you have to also be aware of other driver’s movements and anticipate possible traffic violations, such as an unsafe lane change, or failure to stop for a stop sign or red light. 

If you or a loved one is seriously injured in an accident, as a result of someone else’s fault or negligence, we can help you get maximum compensation (money damages) for your pain and suffering, medical bills, and lost wages.

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

By Karen M. Thompson, Paralegal

As the 2021 fall season for our high school athletes comes to an end, many teams made it to the playoffs and will hit the road to face opponents further away. 

While our area football and soccer teams still have two more weeks to compete locally before we will know for sure which of the teams will advance, the volleyball teams have already completed their regular season, and Mideastern Conference Tournament.  Congratulations to the Ashley High School Screaming Eagles for claiming the Mideastern Conference Tournament title!

All of the volleyball teams of the four public New Hanover County high schools (Ashley, Hoggard, Laney, and New Hanover) advanced and will be playing in the first round of playoffs this coming Saturday, October 23, 2021. 

This gives reason to remind our athletes, their parents, administrators, and other fans to be safe on the roads.

Based on data shown by the National Highway Traffic Safety Administration (NHTSA), the use of seatbelts has improved over the past 30 years.  While in the 1980s only about 10% of American wore a seatbelt, 90.7% of American did in 2019.   Despite the improved used of seatbelts, nearly half (47%) of the 36,096 people who were fatally injured in serious motor vehicle accidents in 2019 did not wear a seat belt.  

The North Carolina High School Athletic Association (NCHSAA) has partnered up with the Governor’s Highway Safety Program (GHSP) for their “Click It or Ticket” initiative, in order to promote highway safety awareness to reduce the number of traffic crashes and fatalities in the state of North Carolina.

It is the law in North Carolina to fasten your seatbelt regardless of where you sit in the vehicle. 

Pursuant to N.C.G.S. § 20-135.2A seatbelt use is mandatory:  

(a) Except as otherwise provided in G.S. 20-137.1, each occupant of a motor vehicle manufactured with seat belts shall have a seatbelt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.

Schools are encouraged to promote the use of seatbelts at their sports events by Public Service Announcements, such as:

“#1: The Governor’s Highway Safety Program wants you to buckle up before heading home from the game tonight. Every seat, every time. This message is brought to you by GHSP’s Click It or Ticket program and the North Carolina High School Athletic Association.

#2: Don’t forget to buckle up before heading home from the game tonight. Every seat, every time. This message is brought to you by GHSP’s Click It or Ticket program and the North Carolina High School Athletic Association.

#3: Before heading home tonight, make sure every person in every seat is buckled North Carolina High School Athletic Association.”

Schools are also asked to promote the online Seat Belt Pledge to their student body, teachers, parents, fans, or anyone within their school and local community. 

Let’s buckle up and enjoy the games!

By Jana H. Collins

In Part I, we discussed the Second Chance Act, and how it will affect charges that are dismissed without leave, dismissed by the court, acquitted, found not guilty, or not responsible on or after December 1, 2021. This blog, Part II, will discuss some of the other changes to expungement laws in North Carolina.

According to N.C.G.S.§ 15A-146(a4), an automatic expunction will not be required by law for a case with a felony charge that was dismissed pursuant to a plea agreement – individuals in this scenario must petition for an expunction, as it was the case under the previous statute.

Pursuant to N.C.G.S. § 15A-145.5 (c), the petition for expunction shall not be filed earlier than one of the following:

 (1) For expunction of one nonviolent misdemeanor, five years after the date of the conviction or when any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(2) For expunction of more than one nonviolent misdemeanor, seven years after the date of the person’s last conviction, other than a traffic offense not listed in the petition for expunction, or seven years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

(3) For expunction of one nonviolent felony, 10 years after the date of the conviction or 10 years after any active sentence, period of probation, or post-release supervision has been served, whichever occurs later.

If an individual has been previously granted an expunction for a nonviolent felony or nonviolent misdemeanor, then they are not eligible for an expunction under the new law.

Pursuant to N.C.G.S. § 15A-145.5 (a), the term “nonviolent misdemeanor” or “nonviolent felony” means any misdemeanor or felony except the following:

(1) A Class A through G felony or a Class A1 misdemeanor.

(2) An offense that includes assault as an essential element of the offense.

(3) An offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, whether or not the person is currently required to register.

(4) Any of the following sex-related or stalking offenses: G.S. 14-27.25(b), 14-27.30(b), 14-190.7, 14-190.8, 14-190.9, 14-202, 14-208.11A, 14-208.18, 14-277.3, 14-277.3A, 14-321.1.

(5) Any felony offense in Chapter 90 of the General Statutes where the offense involves methamphetamines, heroin, or possession with intent to sell or deliver or sell and deliver

cocaine.

(6) An offense under G.S. 14-12.12(b), 14-12.13, or 14-12.14, or any offense for which punishment was determined pursuant to G.S. 14-3(c).

(7) An offense under G.S. 14-401.16.

(7a) An offense under G.S. 14-54(a), 14-54(a1), or 14-56.

(8) Any felony offense in which a commercial motor vehicle was used in the commission of the offense.

(8a) An offense involving impaired driving as defined in G.S. 20-4.01(24a).

(9) Any offense that is an attempt to commit an offense described in subdivisions (1) through (8a) of this subsection.

If you or a loved one has a criminal record in New Hanover (including Wilmington, Carolina Beach, Kure Beach, and Wrightsville Beach), Pender (including Hampstead and Burgaw), or Brunswick County (including Bolivia, Ocean Isle Beach, Sunset Beach, Shallotte, Leland, and Southport), and are interested in having your record expunged, please give us a call for a confidential consultation. Mr. Collins has been successfully handling expunctions for over 20 years.

By Karen M. Thompson, Paralegal

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 Halloween Weekend 2020 approaches, the Governor’s Highway Safety Program’s annual Booze It & Lose It Campaign is in full swing through early next week. The campaign partners with law enforcement across the State to not only enforce traffic laws by setting up sobriety checkpoints in all 100 counties, but to also raise awareness and educate the public on how dangerous it is to drive distracted or impaired.

Since October sets off the holiday season, it is considered one of the deadliest months of the year with respect to traffic accidents, according to the Highway Safety Program. As individuals head out to go to costume parties and trick or treating, there are higher chances for drunk driving and pedestrian accidents.

In addition, this weekend marks the end of Daylight Savings Time in North America, so we get an extra hour to party, eat candy, and watch Halloween movies, but do not forget to turn your clocks back an hour!

Also, as COVID restrictions continue to be enforced, some individuals may wonder how they can celebrate Halloween safely, and with minimal social contact with others who are not in their household. Some creative ideas could be to wear a Halloween face mask to pass out candy, or to make individual candy bags for trick or treaters to pick up on their own. Another idea could be to transform your front yard into a candy graveyard, leaving the candy around a path for kids to collect. There are also printable signs online that you can hang on your door to inform your neighbors that you are safely passing out candy this year.

We hope that everyone has a fun, but safe, Halloween weekend! However, if you find yourself in need of an attorney because you or someone you know has been hurt in an accident, or was 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 Karen M. Thompson, Paralegal