Independence Day originally started as a celebration for the United States liberation from Great Britain. Over the years, culture has shifted, and this has become a day when people of all ages flock towards the beaches for relaxation and time with family and friends. Popular hangout spots, such as Masonboro Island, Mason’s Inlet, and the North End at Carolina Beach, have drawn crowds to Wilmington. Due to an increase in safety concerns in the area during popular holidays, such as Memorial Day and July the fourth, law enforcement has increased patrols and monitoring of the waterways, beaches, and surrounding areas.
As of yesterday, emergency officials have already begun preparation for the upcoming weekend. Local news stations report that both the North Carolina Department of Highway Patrol and area law enforcement alike will have increased patrols in an effort to “keep everyone safe.” Wrightsville Beach Police Department reports the main issues they have seen in the past on this holiday are underage drinking and illegal water taxis. Wrightsville Beach Police will work closely with the United States Coast Guard in an effort address these concerns. Those caught without proper permits and or fail to meet other regulations could face hefty fines.
It is equally important to understand the long-term consequences of underage drinking. Consumption of alcohol has many negative health consequences, but if one is caught drinking and driving, and or drinking underage, the monetary fines and long term implications are severe. The State of North Carolina has a zero-tolerance policy for underage drinking and driving; offenders could face fines up to $500, be sentenced to serve community service, attend DWI Treatment court, and complete two alcohol education courses. Ramifications of being charged with this crime include having to tell future employers of the charges, as well as universities to which you may be applying.
For those over the age of 21, consequences of drinking and driving are still cause of concern. A DWI charge can result in imprisonment for up to three years, fines up to ten thousand dollars, and license suspension. The process of obtaining your driver’s license after suspension due to DWI can prolong the emotional and financial effects of the charges; the defendants face the possibility of having an ignition interlock installed and face an increase in insurance premiums.
Attorney David Collins has over 20 years of experience in the legal field, focusing on criminal defense matters. Mr. Collins has helped many clients facing underage drinking, fake ID, DWI, drunk and disorderly, and possession of open container charges. If you or someone you know is facing criminal or traffic charges, please give our office a call at (910) 793-9000.
By: Brittany Bryant, Legal Assistant

This past Memorial Day weekend, Wilmington officials reported numerous traffic violations and accidents. According to news sources, there were approximately six deadly crashed that occurred throughout the state, one of which tragically took the lives of a newborn and toddler in Pender County. In all, seven people lost their lives in these accidents over the weekend. Half of these incidents occurred in the Cape Fear region. The number of fatal crashes has reduced since last year, however, one life lost is still one too many. Always wear your seatbelt and be alert and aware of your surroundings.

Efforts to improve motor vehicle safety were noted over the weekend as well. State troopers reported close monitoring of speed in Brunswick County, issuing around one dozen tickets for speeding. Highway patrol reported giving an additional 160 citations in the Cape Fear region this weekend alone.

Last Saturday night, the Wilmington Police Department hosted a checkpoint at the intersection of Market Street and 15^th Street, leading to over 70 charges. Out of these charges, 10 were DWI related.

If you or someone you know is in need of representation for a traffic offense, please give Attorney David Collins a call. With over 20 years of experience, we are able to help you in most matters! Call us at 910-793-9000.

By Brittany L. Bryant, Legal Assistant at Collins Law Firm

The aroma of hotdogs and hamburgers is soon going to fill the air! Memorial Day is upon us! Most know this holiday as one filled with family cookouts and time spent at the beach. Wilmington natives avoid traffic, as they know this city is a premier destination for those all over the state. For tourist’s driving to the local area, it is advised to leave home early in order to help avoid traffic that occurs on the highways. This year, the NCDOT is halting construction projects on major highways in an effort to help its citizens reach their holiday destinations safely and without strife. According to the NCDOT website, NCDOT will put on hold most construction projects along interstate, N.C. and U.S. routes from 4 p.m. on Friday, May 22, until 9 a.m. on Tuesday, May 26, with these exceptions:

• U.S. 158 (Elizabeth Street) in Elizabeth City is reduced to one lane in each direction from Road Street to the Pasquotank River Bridge for resurfacing and construction of a new bridge;
• U.S. 264 in Dare County will be reduced to one of two lanes controlled by temporary traffic signals in three locations for the replacement of three bridges. Lane closures are located between Stumpy Point and the Hyde County line;
• Two bridges in Brunswick County on N.C. 211 over the Honey Island Swamp will have intermittent lane closures in order for crews to realign the roadway and replace both bridges and approaches;
• Third Street in New Hanover County is closed for a bridge replacement with a signed detour;
• I-85 southbound between the Virginia state line and the U.S. 1 interchange will have lane closures in place day and night as crews work to strengthen the shoulders and patch concrete; and
• I-73 in Guilford County is reduced to two lanes in each direction between Wendover Avenue and I-85.

Today, the NCDOT launched its “Click It or Ticket” campaign. This campaign reminds drivers and passengers alike that everyone in the vehicle must properly wear their seat belts at all times. Not wearing a seat belt is unsafe and costly; court costs for this infraction are typically around $160.00.

With most activities that occur during the holiday, adults will be drinking alcoholic beverages. Please remember to have a designated driver if you plan on drinking. According to MADD (Mothers Against Drunk Driving), every two minutes, a person is injured in a drunk driving accident.

If you will be in the waterway’s this weekend, remember to wear proper life jackets. In 2013, the U.S. Coast Guard counted 4,062 accidents, 560 deaths, 2,620 injuries, and approximately $39 million dollars of property damage as a result of recreational boating accidents. Where cause of death was known, 77% of fatal boating accident victims drowned. Of those drowning victims, 84% were not wearing a life jacket.

May is also Motorcycle Awareness Month. Be sure to share the road and check all areas surrounding your vehicle before changing lanes.

If you or someone you know have been hurt in a boating or motorcycle accident, or is seeking representation in a criminal or traffic matter, please call the professionals at Collins Law Firm for a confidential consultation at 910-793-9000.

By: Brittany Bryant, Legal Assistant

Cinco de Mayo, Spanish for “5^th of May,” is a widely-celebrated holiday in the United States. In Mexico, it is considered a minor holiday,  not to be confused with Mexican Independence Day, which happens on the 16^th of September. Cinco de Mayo commemorates the Mexican army’s 1862 victory over France at the Battle of Puebla during the Franco-Mexican War. The battle was led by Texas-born General Ignacio Zarazoga, who commanded his poorly-supplied and greatly outnumbered Mexican troops against the 6,000-strong French force of General Latrille de Lorencez. Beginning at daybreak on May 5^th, 1962, the French army attacked the city of Puebla de Los Angeles. The French forces retreated in the early evening, having lost nearly 500 soldiers, while fewer than 100 Mexicans had been killed in the battle. Although this victory was not a major strategic win in the overall war against the French, the success of the troops at Puebla became a symbol of Mexican resistance to foreign domination. The war would eventually end almost six years later, with support of the United States military and political pressure.

In the United States today, festivities are most prominent in areas with a large Mexican-American population, and, in Mexico, celebrations occur most heavily in the Puebla region. The occasion is marked with parades, mariachi bands, Mexican folk dancing, and, of course, traditional Mexican food and drink in celebration of Mexican culture and heritage. Traditional foods include Mole Poblano, Chalupas, and Chiles en Nogada. Revelers may sip on sangria, margaritas, and Mexican beer, aka cerveza.

While Wilmington festivities will remain tame compared to celebrations in other cities, local restaurants are gearing up for the holiday with food and drink specials to mark the occasion. One local favorite, El Cerro Grande, promises an “epic fiesta” at each of their three locations. Many chain restaurants are also marking the occasion: Taco Bell® will reportedly be giving out free breakfast food, while Moe’s Southwest Grill® will be giving away t-shirts. Restaurant-goers are sure to see specials aplenty on margaritas, tequila, and cervezas; sombreros may or may not be optional.

With alcohol such a big part of many people’s Cinco de Mayo festivities, it’s no surprise that drunk driving is especially high on “Cinco de Mayo”.  At Collins Law Firm, we have over 20 years experience handling DWI/DUI’s and other criminal and traffic matters. If you or someone you know is charged with a crime or gets hurt during the celebration, please call our office at (910) 793-9000 for your confidential consultation.

By Rebekka Sekeres, Legal Assistant at Collins Law Firm

This weekend, April 8-12, 2015, is the 68th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.

This year the festival includes a concert by Nelly! Since entering the spotlight in 2000 with his hit album, County Grammar, Nelly has left an enormous mark on the music industry as a multi-platinum, Grammy Award-winning rap superstar, entrepreneur, philanthropist, and actor. He has been the recipient of multiple American Music Awards, a Nickelodeon Kids’ Choice Award, Soul Train Music Awards, and MTV Video Music Awards. In 2009, he took on a recurring role in CSI: NY, and has more recently joined the cast of the BET sitcom The Real Husbands of Hollywood. His philanthropic work includes the launch of the Jes Us 4 Jackie Foundation in 2003, which aimed to educate and spread awareness about the need for bone marrow and stem cell transplant donations. His foundation was co-launched by his sister, Jackie Donahue, who sadly passed away from leukemia in 2005. Nelly continues to use his influence to spread awareness about bone marrow and stem cell transplant donations, and has been credited with hosting the largest African American bone marrow drive to date. Nelly takes the Miller Lite Main Stage at 7:00 pm on Friday, April 10^th.

While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and in the revelry many people will be charged with alcohol related crimes including open container, driving while impaired  or driving under the influence (DWI/DUI), fake i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes. Following 2011’s Azalea Festival, it was reported that the Alcohol Law Enforcement (ALE) cited or arrested 216 people over the course of the festival’s weekend. In total, their agents filed 308 charges, including 107 charges of underage possession of alcohol, 15 charges of using a fake ID, and 15 charges of possession of marijuana. Two businesses were cited for alcohol incidents in which minors were involved. Then, in 2012, Highway patrol, with the assistance of various checkpoints in and around Wilmington, made over 100 DWI arrests during Azalea Festival Weekend.

This year’s festival will also feature a heavy presence of law enforcement officials. The City of Wilmington has agreed to provide a minimum of 35 officers and 50 police vehicles, while the New Hanover County Sherriff’s Office will have about 60 officers present throughout the course of the festival week. Some of the officers and deputies will walk through the event undercover, mostly as part of the vice and narcotics units. It is almost a certainty that Highway Patrol will also be hard at work this weekend, quite possibly with the help of their “Booze It & Lose It” Bus. This special DWI command features multiple breathalyzers and an on-board magistrate, which is ideal for citing violators at the scene.

If you are charged with any type traffic charge or crime in our area, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have the charges reduced, or even dismissed.  Sometimes, volunteer service can be completed as part of the agreement, and can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

By Rebekka Sekeres, Legal Assistant at Collins Law Firm

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

“USA, USA, USA” can be chanted now that the United States has advanced onto the Knockout Round in the World Cup 2014, being held in Brazil. Even though this is a positive advancement for the United States, it did not come easily after losing to Germany 1-0 on Thursday, June 26^th, 2014. It was thanks to Portugal defeating Ghana 2-1 that allowed the United States to hold on to their second place standing.  This in itself is a great accomplishment for the United States, as they were ranked 14^th in the World by the Fédération Internationale de Football Association (FIFA) when they  entered the World Cup, and we were also placed in the “Group of Death”, facing very difficult teams including Ghana, Portugal, and Germany.

Although, now that the United States is in the Knockout Round we will begin to see new teams and our next game will take place on Tuesday in Salvador at 1pm against Group H winner Belgium.

While the World Cup, historically, has not been the United States better event – the fact that we have fought this hard and made it this far has definitely ignited some American pride. In Wilmington, many restaurants and bars are opening up earlier so patrons can watch the games and support our team, showing our American pride throughout the town.

Also, while drinking is very popular for watching sporting events, like the World Cup, we urge you to stay responsible during this time. If you are out watching the games and drinking, make sure you are of the legal age to drink and have a designated driver to take you home or your could suffer severe legal ramifications. So if you or someone you know is charged with an alcohol related charge in Southeastern North Carolina, in or around Wilmington, NC in New Hanover County, Brunswick County, or Pender County, then be sure to call the experienced team at Collins Law Firm for a confidential consultation at:  910-793-9000.
By Rachel R. Reynolds,  Paralegal at Collins Law Firm

When you get to the Wilmington International Airport, you will notice a huge display of an American flag in the welcoming area.

Next to the flag is a plaque, which reads as follows:

Julie A. Wilsey, AAE, Deputy Director, Wilmington International Airport, shared the following information:

The Salvation Army leader, Major Robert Vincent, and several from the local organization in Wilmington went to Washington, DC to assist with recovery operations at the Pentagon.  While they were there, they flew several flags over the site.  The lead volunteer brought the flag back to Wilmington as gift to the residents and volunteers who helped with post 9/11 recovery.

The Salvation Army Leader was a member of the Downtown Rotary Club.  In discussion with several Rotarians, they tried to think of a place in Wilmington where the flag could be displayed and have a symbolic message. One Rotarian, Ron Gumm, suggested the airport near the security check point.  Ron was also a part-time employee at ILM for coordinating Air Shows and other Special Events.

I was the Facility Director at ILM, and in 2001-2002 we were planning a renovation of the airport terminal.  We decided to have a case designed in the project to hold the flag for all to see as they go through security.  It is a perfect backdrop to the process, and it has significant meaning because the events of 9/11 changed airport security and created the TSA.  Our renovation finished in May 2004 and the flag was part of the Grand Opening ceremony.  Also, the Downtown Rotary Club presented the plaque for the flag.

WRAL posted on September 13, 2001, that the Salvation Army’s North and South Carolina Division assigned counseling team four mobile kitchen units and related personnel to Washington, DC.

Major Richard Watts, Commanding Officer for the Salvation Army of Wilmington, NC, provided more insight about the role of the Salvation Army during the 9/11 after mess. Major Watts himself was the Commanding Officer of the Salvation Army of Columbia, SC at that time and was assigned to serve the Pentagon crash site where he arrived in the evening of September 12, 2001. However, because this site was not just a disaster, but a crime scene, and because the Pentagon is our federal defense headquarters, Major Watts had to undergo a FBI clearance which lasted for five hours. Further, the site was secured by two fences and before entering the secured area, at first one had to undergo two searches, later on four searches including one by canines. While the Salvation Army mainly provides food and emotional and spiritual support for families and friends of disaster victims, they also provided America flags to cover the coffins of the victims. Major Watts also reported that American flag were flown throughout the Pentagon, along the fences and hallways. However, due to the site being a crime scene, no one was allowed to take pictures. Major Watts witnessed and incident where a FBI agent confronted a man who took pictures regardless, through him to the ground and confiscated the footage.

The display of the flag has a great meaning especially to everyone who served during the 9/11 after mess as well as our service men and women who come through Wilmington International Airport.

Anthony D’Erasmo, Public Safety Officer at Wilmington International Airport, is a retired New York City Police Officer and he was one of the first responders to the World Trade Center, said that having the flag displayed in the welcoming area of the airport is a reminder of the event of 9/11 and a sign of appreciation of those who served and those who serve our country.

By Sarah Morgan Collins (4^th Grade AIG Local History Project)

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

With two colleges located in Wilmington, North Carolina (University of North Carolina- Wilmington and Cape Fear Community College) it is safe to consider Wilmington, NC a college town; which makes it the perfect town for nightclubs and beach bars. The allure to drink alcohol can be quite strong in a college atmosphere, yet many of the students located here are under the legal drinking age of 21.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B, Article 3 (§ 18B-300 to §§ 18B-310 through 18B-399).

· If you are less than 19 years of age and convicted of drinking, which is a Class 1 Misdemeanor, your punishment can include a fine in the discretion of the judge, community service hours and a $250 fee or jail, plus court costs of currently $180.

· If you are 19 or 20 years of age and convicted of drinking, which is a Class 3 Misdemeanor, you punishment can include a fine of up to $200 and community service hours and a $250 fee or jail, plus court costs of currently $180

· If you are under the age of and convicted of purchasing or attempting to purchase alcoholic beverages, a Class 1 misdemeanor, your punishment can include Community service hours and a $250 fee or jail time, court cost of currently $180, and a fine is discretion of the judge. In addition, your driver license will be suspended for one year and you will not be able to obtain a limited driving privilege.

While our underage drinking laws are stricter than those in some other states, North Carolina recognizes three exceptions to the general rule prohibiting minors from possessing or consuming alcohol.

• Religious participation. A minor may possess and consume wine for sacramental purposes in an organized church. (North Carolina Gen. Stat. Ann. Section 18B-103(8).)
• Employment. Minors may possess, transport, or dispense—but not consume—alcohol during the course of employment in an establishment licensed to sell alcohol. Such employment must also be lawful under North Carolina’s youth employment statutes. (North Carolina Gen. Stat. Ann. Section 18B-302(h).)
• Education. Minors may possess and consume alcohol under the direct supervision of an instructor, during the course of a licensed and accredited culinary program, when such consumption is a required part of the curriculum. (North Carolina Gen. Stat. Ann. Section 18B-103(11).)

Collins Law Firm has represented thousands of people charged with crimes or infractions, and many involving crimes involving violating the laws regarding the sale, possession, and consumption of alcohol or underage consumption or possession of alcohol.  In many cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed pursuant to a deferred prosecution after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or completing other conditions for dismissal, or a combination thereof.  In some cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you or someone you know have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at  910-793-9000.

By Rachel Reynolds, Legal Assistant, Collins Law Firm