Over the past few years, thanks to technology advancement, Americans have made cell phone or smart phone use part of their daily lives. Many even consider it a necessity to have their phone on them at all times for work or personal purposes. Cell phones are designed to provide us with the convenience of communication while on the go, and now smart phone owners have access not only to communicate via telephone but they can also access text messaging, emails, music, games, social media, and so much more. Cell phones were created to make life easier and more efficient, but when used irresponsibly, they can have disastrous consequences.

With all of this technology available on a small handheld, it is easy to get distracted, especially if you are behind the wheel of a car. Simply answering a text takes away your attention for about five seconds, which is enough time to travel the length of a football field while in a vehicle. Recently there have been many public service announcements, campaigns, and programs developed to help educate the public on the dangers of distracted driving, however many still continue to use their phones while operating a vehicle.

Luckily, developers have found a way to utilize one’s smart phone in a way to which may help distracted drivers focus on the roads. These six smart phone apps are designed to promote safe driving among young drivers, or any driver that wants to help battle the distraction of their phone.

1. TEXTARREST

a.       This program will disable texting and emailing on your smart phone. It does so by locking the phone’s screen so no text messages or emails can be sent or read while driving (which is sensed by the app when the car is traveling faster than 5 mph.)

2. Safe Driver

a.       This program will monitor the location and driving practices of young drivers and can alert parents or a third party via text or email when the driver is exceeding a specific speed and will show where infractions occurred.

3. ZoomSafer

a.       This program limits access to email, texting, browsing, and calling when the driver is on the road. It will only allow calls to come through from a specified contact list using an online account for parents or third parties.

4. Drivesafe.ly Pro

a.       This program will read the text and emails aloud and the driver can respond without having to touch a button.

5. Key2SafeDriving

a.       This program will restrict phone use when the car is running and send automated replies to incoming texts. It also gives parents an alert if the driver tries to bypass the device.

6. Steer Clear Mobile

a.       This program teaches drivers proper driving procedures as well as logs drive time, mileage, and road conditions. Young drivers that use this may also be eligible for State Farm Insurance discounts.

However, if you or someone you know does get charged with a crime or traffic violation as a result of distracted driving then call Collins Law Firm for a free consultation at 910-793-9000.

By Rachel Reynolds, Paralegal

With an improved economy and gas prices at a five year low, we will experience an increase in Thanksgiving travel this year.  AAA Carolinas expects the increase to be of more than 4 percent compared to Thanksgiving of 2013.

Travel however will be impacted by a major winter storm which will initially spread heavy rain and embedded thunderstorms across the Florida peninsula but will move north and northeast, paralleling the east coast beginning Tuesday night.

Therefore, in order to ensure safe travel, we should be aware of the road rules.  Besides the requirements to follow the speed limit, wear your seatbelt, and burn your headlights, there are some more rules which appear not to be known so well:

• The Fender Bender Law

Pursuant to N.C.G.S. § 20-161 motorists are required to move their vehicles to the shoulder of the road following a minor, non-injury crash.  The failure to do so could result in a $110 fine and court costs.

• The Move over Law

Pursuant to N.C.G.S. § 20-157 motorists are required to:

• Move the vehicle into a lane that is not the lane nearest the parked or standing authorized emergency vehicle or public service vehicle and continue traveling in that lane until it is safe to clear the authorized emergency vehicle. This paragraph applies only if the roadway has at least two lanes for traffic proceeding in the direction of the approaching vehicle and if the approaching vehicle may change lanes safely and without interfering with any vehicular traffic.
• Slow the vehicle, maintaining a safe speed for traffic conditions, and operate the vehicle at a reduced speed and be prepared to stop until completely past the authorized emergency vehicle or public service vehicle. This paragraph applies only if the roadway has only one lane for traffic proceeding in the direction of the approaching vehicle or if the approaching vehicle may not change lanes safely and without interfering with any vehicular traffic.

A failure to obey by this law could result in a $500 fine.

• The Keep Right  Law

Pursuant to N.C.G.S. §20-146(b) vehicles traveling a multi-lane roadway at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.  A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 driver’s license points pursuant to N.C.G.S. §20-16 (c), or 3 driver’s license points if the violation occurred during the operation of a commercial motor vehicle.

• Cellphone Use by Drivers Younger than 18

Pursuant to N.C.G.S. §20-11 drivers under the age of 18 may not use a cellphone when operating a motor vehicle except in case of an emergency to call 9-1-1.  Violators may have to pay a $25 fine.

• Texting While Driving

Pursuant to N.C.G.S. § 20-137.4A motorists are prohibited from using their mobile telephone for text messaging or electronic mail.  A violation of this law may result in a $100 fine.

We wish you all safe travel and Happy Thanksgiving!

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana Collins

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

While preferences vary when it comes to transportation, everyone is a pedestrian at some time, and most know to keep their distance from moving traffic. Unfortunately, according to data released by the National Highway Traffic Safety Administration, about 69,000 pedestrians got hurt and 4,432 were killed in traffic crashes in the United States in 2011. This means that on average every two hours a pedestrian was killed and about every eight minutes, a pedestrian got hurt in traffic in 2011.

In North Carolina alone more than 2,400 pedestrians are hit by vehicles each year, about 160 out of this number are killed. This number represents about 12% of all traffic fatalities that occur on North Carolina roads.

While Pedestrians should not rely on their rights in traffic being observed by drivers, drivers need to be aware of pedestrians’ rights and the traffic laws protecting the weakest of our road users, and drivers need to pay attention especially to young children and older adults, because they are more likely to stray outside crosswalks and not pay attention to traffic signals or the traffic in general.

Pedestrians’ rights and duties are addressed in Chapter 20, Article 3, Part 11 of the North Carolina General Statutes (hereinafter N.C.G.S.).

N.C.G.S. § 20-172 Pedestrians subject to traffic-control signals.

(a) The Board of Transportation, with reference to State highways, and local authorities, with reference to highways under their jurisdiction, are hereby authorized to erect or install, at intersections or other appropriate places, special pedestrian control signals exhibiting the words or symbols “WALK” or “DON’T WALK” as a part of a system of traffic-control signals or devices.

(b) Whenever special pedestrian-control signals are in place, such signals shall indicate as follows:

(1) WALK. – Pedestrians facing such signal may proceed across the highway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

(2) DON’T WALK. – No pedestrian shall start to cross the highway in the direction of such signal, but any pedestrian who has partially completed his crossing on the “WALK” signal shall proceed to a sidewalk or safety island while the “DON’T WALK” signal is showing.

(c) Where a system of traffic-control signals or devices does not include special pedestrian-control signals, pedestrians shall be subject to the vehicular traffic-control signals or devices as they apply to pedestrian traffic.

(d) At places without traffic-control signals or devices, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in Part 11 of this Article.

N.C.G.S. § 20-173 Pedestrians’ right-of-way at crosswalks

(a) Where traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at or near an intersection, except as otherwise provided in Part 11 of this Article.

(b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

(c) The driver of a vehicle emerging from or entering an alley, building entrance, private road, or driveway shall yield the right-of-way to any pedestrian, or person riding a bicycle, approaching on any sidewalk or walkway extending across such alley, building entrance, road, or driveway.

N.C.G.S. § 20-174 Crossing at other than crosswalks; walking along highway

(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

(b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

(d) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the extreme left of the roadway or its shoulder facing traffic which may approach from the opposite direction. Such pedestrian shall yield the right-of-way to approaching traffic.

(e) Notwithstanding the provisions of this section, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway.

Failure to obey any these laws is an infraction pursuant to N.C.G.S. § 20-176 (a) and if convicted, punishable to pay a fine of up to one hundred dollars ($100) pursuant to N.C.G.S. § 20-176 (b).

If you or someone you know is charged with an infraction in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, and call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.

By Jana H. Collins, Office Manager

Driving slowly in the left hand lane is not just a pet peeve, but causes a hazard by negatively impacting the flow of traffic.

This forces faster moving traffic to pass in the right hand lane. Drivers hoping to pass a slow left hand lane driver often signal a lane change toward the center median, flash headlights, or drive very close to the bumper to the slow left hand lane driver, which is known as tailgating.

The left hand lane which is also referred to as the fast lane, inside lane, or passing lane is reserved for faster moving vehicles wishing to pass or overtake. The United States Uniform Vehicle Code states the following: “Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic.”

Some states, including North Carolina, have made it illegal to drive slowly in the left hand lane and fail to yield to traffic that seeks to overtake.

In North Carolina, travel on a multi-lane roadway is governed by N.C.G.S. §20-146(b):

Upon all highways any vehicle proceeding at less than the legal maximum speed limit shall be driven in the right-hand lane then available for thru traffic, or as close as practicable to the right-hand curb or edge of the highway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn.

A violation of this law is an infraction pursuant to N.C.G.S. §20-176 (a) and if convicted, North Carolina Division of Motor Vehicle would assess 2 drivers license points pursuant to N.C.G.S. §20-16 (c), or 3drivers license points if the violation occurred during the operation of a commercial motor vehicle.

Most of the laws prohibiting driving slowly in the left hand lane however seem to only be enforced to stop suspicious vehicles or passengers.

Generally, one should always be aware of their surroundings especially while driving and move lanes if they find themselves holding up traffic – the choice to travel in the right hand lane should be made already out of consideration for other travelers, to increase traffic safety, to reduce traffic congestion, and to improve emergency response.

By Jana H. Collins, Office Manager

A Commercial Driver’s License (CDL) is a special driver’s license for those wishing to drive larger vehicles. Every driver is required to hold a CDL to legally operate any vehicle that meets

one or more of these conditions:

– has a gross vehicle weight rating or combination GVWR greater than 26,000 pounds;

– is designed to transport 16 or more passengers, including the driver; and/or

– is transporting a hazardous material or cargo that requires placards.

Possession of a CDL is considered a privilege for drivers and it requires those drivers to abide by other rules in addition to the normal traffic regulations. These include certain violations committed in a Commercial Motor Vehicle (CMV) and those committed in their personal vehicle. Violations to these rules can generally cause a suspension or revocation of your CDL privileges.

A major driving violation that will significantly effect your CDL is Driving While Impaired and other alcohol related offenses

Driving While Impaired (DWI): For commercial drivers in North Carolina, it is illegal to operate any commercial vehicle while under the influence of an impairing substance or with blood-alcohol concentration of .04 percent or higher. DWI is a criminal offense resulting

in a loss of driving privileges for one year following the first conviction and lifetime driver license revocation upon the second conviction, plus court fees (N.C. General Statute 138.1).

NCGS 20-138.2. Impaired driving in commercial vehicle:

(a) Offense — A person commits the offense of impaired driving in a commercial motor vehicle if he drives a commercial motor vehicle upon any highway, any street, or any public vehicular area within the state:

(1) While under the influence of an impairing substance; or

(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.04 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person’s alcohol concentration; or

(3) With any amount of a Schedule I controlled substance, as listed in NCGS 90-89, or its metabolites in the driver’s blood or urine.

Some others include:

• Driving While Impaired (BAC of 0.06) in a Commercial Motor Vehicle
• Driving While Impaired (BAC of 0.04 or 0.05) in a CMV
• Leaving the scene of an accident involving a CMV you were driving
• Using a CMV to commit a felony
• Vehicular manslaughter offense occurring while operating a CMV
• Driving a CMV during a period your CDL was revoked, suspended, cancelled, or disqualified

A second conviction of any of these offenses will result in a lifetime suspension of your CDL and if any of these offenses occur while you are driving a CMV that is placarded for hazardous materials, your CDL will be disqualified for a minimum of three (3) year.

If you use a CMV to commit a felony involving controlled substances your CDL will be disqualified for life.

A person can also be suspended from driving a CMV for 60 days if you are convicted of two “serious traffic violations” within a three-year period and for no less than 120 days if convicted of three or more serious traffic violations. Some examples of serious traffic violations are:

• Excessive speeding (15mph or more above posted speed limit)
• Reckless driving
• Following too close
• Erratic lane changes
• Traffic offenses committed in a CMV in connection with fatal traffic accidents
• Driving a CMV without obtaining a CDL
• Driving a CMV without having your CDL in your possession

These traffic violations also carry a heavier point system when dealing with a CDL. For example, if a person with a regular license is convicted of Reckless Driving then they will receive 4 DMV points, however if a person with a CDL is convicted of Reckless Driving then they will receive 5 DMV points.

Another important fact to note is that if you carry a CDL and you are charged with a serious violation in your own personal vehicle (non-CMV), it still may affect your CDL if convicted. So, if you or someone you know has been charged with a violation while possessing a CDL, or was charged while driving a CMV, then please call Collins Law Firm at 910-793-9000 for a confidential consultation.

By Rachel R. Reynolds

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.

This upcoming weekend is Memorial Day Weekend.  While Memorial Day is a day to remember and honor those who lost their lives while serving our country in the United States Armed Forces, many take this longer weekend as an opportunity to travel.

The cheery weather forecast may motivate travelers to visit our local beaches this weekend, causing increased traffic and crowded roads.

As part of the Governor’s Highway Safety Program “Click It or Ticket” which launched on Monday, May 20, 2013, law enforcement officers across the state will increase patrols over the holiday weekend and will cite patrons not wearing seat belts.

The Wilmington area’s law enforcement unfolded the campaign last Wednesday by setting up checkpoints on Randall Parkway, New Centre Drive, Eastwood Road near the Wrightsville Beach drawbridge, and Airlie Road and issued close to one hundred citations for traffic infractions and other crimes including seat belt violations, texting while driving, speeding, driving with no operators license, and simple possession of marijuana.

We urge you to obey the law and stay safe.  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.

By Jana H. Collins, Office Manager

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