Each year, the holiday season begins with the celebration of Halloween.  Celebrations of Halloween include parties or trick-or-treat events. 

During last year’s Halloween Booze It & Lose It Campaign, a total of 696 drivers were charged with driving while impaired (DWI) in North Carolina.

This year alone, 353 people have been fatally injured in alcohol-related crashes in North Carolina.

This year’s Halloween Booze It & Lose It Campaign began on Monday, October 23, 2023, and it will run through Halloween, October 31, 2023.

Law enforcement agencies statewide will be increasing their presence and be on the lookout for impaired drivers.

With more people being out and about by foot who are likely excited, or distracted by decorations, or whose vision is compromised by masks or makeup, and people getting behind the wheel after a couple of drinks, the risks of accidents resulting in serious personal injuries or even death is especially high during Halloween. 

Please celebrate wisely, and if you choose to drink alcoholic beverages, utilized designated drivers, call a cab, or Uber, or Lyft – be safe yourself and keep others safe, and do not let a joyous time turn tragic due to a poor choice. 

However, if you or someone you know receive a traffic ticket or any other criminal charge in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

On July 4, 2015, 17-year-old Sheyenne Marshall was fatally injured when an impaired boater crashed into her while she was knee-boarding on Lake Norman. 

After Ms. Marshall’s family learned that boating while impaired was only punishable as a Class 2 misdemeanor, they lobbied for harsher penalties for boating while impaired. 

On June 27, 2026, Sheyenne’s Law passed, North Carolina General Statute § 75A‑10.3, which reads as follows:

§ 75A-10.3. Death or serious injury by impaired boating; repeat offenses

(a) Death by Impaired Boating. – A person commits the offense of death by impaired boating if all of the following apply:

(1) The person unintentionally causes the death of another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(b) Serious Injury by Impaired Boating. – A person commits the offense of serious injury by impaired boating if all of the following apply:

(1) The person unintentionally causes serious injury to another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(c) Aggravated Serious Injury by Impaired Boating. – A person commits the offense of aggravated serious injury by impaired boating if all of the following apply:

(1) The person unintentionally causes serious injury to another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the serious injury.

(4) The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(d) Aggravated Death by Impaired Boating. – A person commits the offense of aggravated death by impaired boating if all of the following apply:

(1) The person unintentionally causes the death of another person.

(2) The person was engaged in the offense of impaired boating under G.S. 75A-10(b1).

(3) The commission of the offense in subdivision (2) of this subsection is the proximate cause of the death.

(4) The person has a previous conviction of impaired boating under G.S. 75A-10(b1) within seven years of the date of the offense.

(e) Repeat Death by Impaired Boating. – A person commits the offense of repeat death by impaired boating if all of the following apply:

(1) The person commits an offense under subsection (a) or subsection (d) of this section.

(2) The person has a previous conviction under at least one of the following:

a. Subsection (a) of this section.

b. Subsection (d) of this section.

c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the unintentional death of another person while engaged in the offense of impaired boating under G.S. 75A-10(b1).

The pleading and proof of previous convictions shall be in accordance with the provisions of G.S. 15A-928.

(f) Punishments. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1) Repeat death by impaired boating is a Class B2 felony.

(2) Aggravated death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the aggravated range of the appropriate Prior Record Level.

(3) Death by impaired boating is a Class D felony. Notwithstanding the provisions of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant who is a Prior Record Level I offender.

(4) Aggravated serious injury by impaired boating is a Class E felony.

(5) Serious injury by impaired boating is a Class F felony.

(g) No Double Prosecutions. – No person who has been placed in jeopardy upon a charge of death by impaired boating may be prosecuted for the offense of manslaughter arising out of the same death; and no person who has been placed in jeopardy upon a charge of manslaughter may be prosecuted for death by impaired boating arising out of the same death.

On August 28, 2023, the first conviction of death by boating while impaired was achieved in Brunswick County when Matthew Ferster pleaded guilty to three counts of death by impaired boating.  Mr. Ferster was sentenced to 9.5 to 18.5 years in prison.  Matthew Ferster had caused a boating crash in March of 2020 that claimed the lives of 26-year-old Jennifer Hayes, 21-year-old Megan Lynn, and 21-year-old Garret Smith.

If you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington,) Pender (Burgaw,) or Brunswick Counties (Bolivia,) or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

Introduction

Wrightsville Beach, North Carolina, is a coastal paradise known for its stunning beaches, charming community, and vibrant atmosphere. However, for those who call this beautiful town home or visit regularly, there’s been a long-standing concern about the aging infrastructure, particularly the bridges connecting the island to the mainland. In recent years, a series of bridge replacement projects have been planned and initiated to ensure the safety, efficiency, and aesthetic appeal of these vital connections. In this blog, we’ll explore the significance of these projects and how they’re shaping the future of Wrightsville Beach.

The Necessity of Bridge Replacement

The two primary bridges connecting Wrightsville Beach to the mainland are the Heide Trask Drawbridge and the Wrightsville Beach Drawbridge. Both of these bridges were constructed in the mid-20th century and have served their purpose well. However, like any infrastructure, they have aged and require substantial maintenance or, in some cases, replacement. Bridge replacement projects are necessary to ensure safety, accommodate modern transportation needs, and reduce maintenance costs associated with older structures.

The Heide Trask Drawbridge Replacement

The Heide Trask Drawbridge is a crucial link between Wrightsville Beach and the mainland, serving as the primary access point for residents and tourists. It was constructed in 1953 and has required frequent maintenance over the years. The decision was made to replace this bridge with a more modern, efficient structure that would better serve the community’s needs.

The new Heide Trask Drawbridge replacement project features several key improvements:

A higher vertical clearance to accommodate larger vessels, reducing the need for frequent bridge openings.

Wider lanes and a bike/pedestrian path to enhance safety and accessibility.

Modern design elements that will add to the visual appeal of the bridge and complement the coastal surroundings.

Improved hurricane evacuation capabilities, making the island more resilient during severe weather events.

The Wrightsville Beach Drawbridge Replacement

The Wrightsville Beach Drawbridge, also known as the Motts Channel Bridge, is another vital connection to the island. Like the Heide Trask Drawbridge, this bridge is aging and in need of replacement. The Wrightsville Beach Drawbridge replacement project is set to address these concerns and enhance the overall transportation infrastructure of the area.

Key features of the Wrightsville Beach Drawbridge replacement project include:

A modern design that blends seamlessly with the island’s aesthetic and natural surroundings.

A longer lifespan, reducing the frequency of maintenance and repair work.

Enhanced safety features and wider lanes for both vehicles and pedestrians.

Improved traffic flow and efficiency, reducing congestion during peak times.

Community Impact

The bridge replacement projects in Wrightsville Beach are not just about infrastructure; they also hold significance for the community. These projects create jobs, stimulate the local economy, and contribute to the overall well-being of residents and visitors. While construction may cause temporary inconveniences, the long-term benefits far outweigh any short-term disruptions.

Environmental Considerations

In the spirit of preserving the unique coastal ecosystem, the bridge replacement projects are being conducted with great care for the environment. Environmental impact assessments, erosion control measures, and wildlife preservation efforts are an integral part of the construction process.

Conclusion

The bridge replacement projects in Wrightsville Beach, NC, represent a significant investment in the community’s future. They are not just about replacing aging infrastructure but also about enhancing safety, accessibility, and aesthetics. The new bridges will better serve the needs of residents and visitors, contributing to the continued prosperity of this beautiful coastal town. As these projects progress, Wrightsville Beach will remain a haven for those who seek its sandy shores and vibrant community, ensuring that the bridges to paradise are as impressive as the destination itself.

The Wrightsville Beach Police Department is well know for their strict enforcment of all laws. The only time we have ever known of anyone getting a speeding ticket for doing 35 miles per hour in a 25 mile per hous zone was in Wrightsville Beach. They were also charged with carelss and reckless operation of a motor vehicle. This is because it was during the summer with a lot of pedestrians in bathing suits walking around. Please be extra careful when drivng around Wrightsville Beach becasue the the Wrightsville Beach Police Department will make sure to enforce the laws strictly.

If you or someone you know receive a traffic ticket or any other criminal charge in Wrightsville Beach or in Wilmington, or generally in New Hanover, Pender, or Brunswick Counties, or if you or someone you know get seriously injured in an accident at which they were not at fault, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By David B. Collins, Jr.

Oktoberfest originated in Munich in 1810 as a royal wedding celebration. Crown Prince Ludwig (who would later become King Ludwig I) married Princess Therese of Saxony-Hildburghausen, and the citizens of Munich were invited to join in the festivities. Over the years, the event evolved into the grandiose festival we know today, with various attractions, parades, and, of course, beer.

Oktoberfest has inspired similar celebrations worldwide. While Oktoberfest is often associated with beer and lively gatherings, it also has some surprising connections to fraternities and sororities. In this blog, we will explore the history and traditions of Oktoberfest, its association with drinking alcohol, and the surprising role that Greek life plays in these festivities.

One of the most iconic features of Oktoberfest is, undeniably, the beer. Breweries from all over Bavaria and beyond gather to showcase their finest brews at the festival. The beers served at Oktoberfest are typically of the Märzen or Festbier variety, which are characterized by their rich, amber color and slightly higher alcohol content. Patrons can enjoy these beers in large, one-liter mugs known as “Maß.”

Responsible drinking is encouraged at Oktoberfest, and the event has a long history of promoting safe consumption. However, with the lively atmosphere and the tradition of “Prost!” (cheers), it’s essential for attendees to drink responsibly and know their limits.

Fraternities and sororities, often collectively referred to as Greek life, are known for their strong bonds of brotherhood and sisterhood, as well as their love for social activities. It may come as a surprise to some, but fraternities and sororities often have a presence at Oktoberfest, both in Munich and in American college towns.

Alumni Gatherings: Many alumni of fraternities and sororities use Oktoberfest as an opportunity to reunite and celebrate their shared college experiences. They come together to reminisce about their time in Greek life, forge new connections, and enjoy the festival’s festivities.

Themed Events: Some fraternities and sororities organize themed events during Oktoberfest. These events may include costume parties, Greek sing-alongs, or special gatherings at local beer gardens.

In the spirit of giving, some Greek organizations use Oktoberfest as an opportunity to raise funds for charitable causes. They may host charity runs, donation drives, or other philanthropic activities during the festival.

Oktoberfest is all about celebrating camaraderie, and this aligns with the values of Greek life organizations. Fraternities and sororities encourage their members to build strong bonds and support one another, and Oktoberfest provides an excellent backdrop for these values to shine.

Oktoberfest, with its rich history, delicious beer, and lively celebrations, is a cultural phenomenon that attracts people from all walks of life. While the association between fraternities, sororities, and this Bavarian festival may not be immediately apparent, it underscores the universal appeal of Oktoberfest. The spirit of togetherness, celebration, and responsible drinking transcends cultural and social boundaries, making this festival a cherished annual tradition for millions around the world.

So, whether you’re a fraternity or sorority member looking to celebrate with old friends or simply someone looking to experience the magic of Oktoberfest, remember to raise your Maß and say “Prost!” to the wonderful spirit of camaraderie that this festival embodies. Enjoy the festivities, but always drink responsibly and look out for your fellow revelers to ensure that everyone has a memorable and safe time at Oktoberfest.

By Jana H. Collins

Electronic filing, or eFiling, has become an integral part of modernizing the legal system across the United States. North Carolina, like many other states, is in the process of implemented eFiling to enhance the efficiency and accessibility of its legal processes.

Harnett, Johnston, Lee, and Wake County are the four trial counties in which the North Carolina courts have transitioned from paper to electronic filing. The next one in line will be Mecklenburg County starting on Monday, October 9, 2023. The plan is to have all 100 North Carolina Counties live by the end of 2024.

Once eFiling is implemented in a county, attorneys and individuals as well, are required to use the eFiling system.  In order to do so, one needs to register for an account. 

Users need to have a high-speed internet connection and need to file their documents in the format of Adobe® PDF.

The new case management system utilizes Tyler Technologies’ Odyssey suite. 

Tyler Technologies on their website promotes their system as follows:  “We have a proven history of rapid implementation and a client base with a track record of successful innovation to expand access to justice, empower legal professionals with helpful tools, and facilitate collaboration across justice partners.”

Despite the potential benefits of eFiling, there are several challenges to be expected:  

• Technical Issues: Technical glitches, such as system outages, slow response times, and difficulties uploading documents.
• User Training: Inadequate training and user education may hinder the effective use of the eFiling system.
• Accessibility Barriers: Some users, particularly those without reliable internet access or with disabilities may face challenges in accessing and using the eFiling system.
• Security Concerns: In the light of the latest cyberattacks that disrupted several casinos in Las Vegas, concerns about data security, including the protection of sensitive legal information are prevalent.

The website of the North Carolina Judicial Branch list the following benefits f eCourt:

• Provides 24/7 statewide service to all Judicial Branch employees, attorneys, and public users
• Provides web-based access to court records and documents
• Streamlines court administration
• Provides greater case management ability
• Enhances disaster recovery (fire and flooding)
• Reduces paper forms
• Increases access to justice and the courts
• Facilitates remote testimony through increased audio/video capabilities
• Out of town witnesses, experts, and other witnesses can testify virtually
• Law enforcement can appear virtually for testimony or warrant applications
• Victims of violence or abuse can testify virtually, reducing the trauma of being in the same room as their abuser
• Inmates can appear virtually reducing travel and costs and safety concerns for sheriffs and corrections officials

By Jana H. Collins

On Tuesday, October 3, 2023, for the first time in American history, a House Speaker was voted out of their office in the result of a “motion to vacate” by Florida Republican Matt Gaetz.

McCarthy was criticized for making a debt deal with President to prevent a default, and for voting to prevent a government shutdown this past weekend. 

After the government shutdown was avoided this past weekend, Kevin McCarthy commented on the threat to oust him: “If somebody wants to remove me because I want to be the adult in the room, go ahead and try.”

Following the 216-210 vote, Patrick McHenry, a Republican from Charlotte, North Carolina, and ally of Kevin McCarthy, was named the Speaker pro tempore pending the selection of a permanent speaker of the House.   

As a designated Speaker pro tempore, Patrick McHenry’s authority and powers are limited – absent unanimous consent or specific House approval, a designated Speaker pro tempore may not:

• Administer the oath of office to a Member-elect.
• Announce appointments made by the Speaker pursuant to law.
• Appoint conferees or make appointments of additional conferees.
• Appoint Members to attend a funeral.
• Spread upon the Journal a veto message from the President.

House Republicans now need to decide who they want to nominate.  While in the past, every Speaker was a sitting member of the House, it is not a prerequisite. Texas Republican Troy Nehls therefore wants to nominate Donald Trump as Speaker of the House.  However, there are multiple other Republicans who could potentially mount a bid including Majority Leader Steve Scalise, Jim Jordan, and Kevin Hern.

Steve Scalise already announced his bid today, October 4, 2023, and wrote to his fellow representatives: “I believe we were all put here for a purpose. This next chapter won’t be easy, but I know what it takes to fight and I am prepared for the battles that lie ahead. I humbly ask you for your support on this mission to be your Speaker of the House.”

The Democrats of the House plan to nominate their fellow New York Democrat, Hakeem Jeffries.

However, because the Republicans hold the majority of the House, it is not to be expected that the Democrats’ nominee will prevail.  

By Jana H. Collins

Law enforcement in North Carolina is celebrating a big victory in the fight against the opioid crisis.  Effective December 1, 2023, a new law establishing more severe penalties for offenders who distribute drugs to people who end up dying in the result of the consumption of said drugs.  The punishment is a Class C Felony which carries a maximum of 231 months in prison.

The new North Carolina General Statute (N.C.G.S.) reads as follows:

§ 14-18.4. Death by distribution of certain controlled substances; aggravated death by distribution of certain controlled substances; penalties.

(a) Legislative Intent. – The General Assembly recognizes that deaths due to the opioid epidemic are devastating families and communities across North Carolina. The General Assembly finds that the opioid crisis is overwhelming medical providers engaged in the lawful distribution of controlled substances and is straining prevention and treatment efforts. Therefore, the General Assembly enacts this law to encourage effective intervention by the criminal justice system to hold illegal drug dealers accountable for criminal conduct that results in death.

(b) Death by Distribution of Certain Controlled Substances. – A person is guilty of death by distribution of certain controlled substances if all of the following requirements are met:

(1) The person unlawfully sells at least one certain controlled substance.

(2) The ingestion of the certain controlled substance or substances causes the death of the user.

(3) The commission of the offense in subdivision (1) of this subsection was the proximate cause of the victim’s death.

(4) The person did not act with malice.

(c) Aggravated Death by Distribution of Certain Controlled Substances. – A person is guilty of aggravated death by distribution of certain controlled substances if all of the following requirements are met:

(1) The person unlawfully sells at least one certain controlled substance.

(2) The ingestion of the certain controlled substance or substances causes the death of the user.

(3) The commission of the offense in subdivision (1) of this subsection was the proximate cause of the victim’s death.

(4) The person did not act with malice.

(5) The person has a previous conviction under this section, G.S. 90-95(a)(1), 90-95.1, 90-95.4, 90-95.6, or trafficking in violation of G.S. 90-95(h), or a prior conviction in any federal or state court in the United States that is substantially similar to an offense listed, within seven years of the date of the offense. In calculating the seven-year period under this subdivision, any period of time during which the person was incarcerated in a local, state, or federal detention center, jail, or prison shall be excluded.

(d) Certain Controlled Substance. – For the purposes of this section, the term “certain controlled substance” includes any opium, opiate, or opioid; any synthetic or natural salt, compound, derivative, or preparation of opium, opiate, or opioid; cocaine or any other substance described in G.S. 90-90(1)(d); methamphetamine; a depressant described in G.S. 90-92(a)(1); or a mixture of one or more of these substances.

(e) Lesser Included Offense. – Death by distribution of certain controlled substances constitutes a lesser included offense of aggravated death by distribution of certain controlled substances in violation of this section.

(f) Samaritan Protection. – Nothing in this section shall be construed to restrict or interfere with the rights and immunities provided under G.S. 90-96.2.

(g) Lawful Distribution. – This section shall not apply to any of the following:

(1) Issuing a valid prescription for a controlled substance for a legitimate medical purpose by an individual practitioner acting in the usual course of professional practice.

(2) Dispensing, delivering, or administering a controlled substance pursuant to a prescription, by a pharmacy permitted under G.S. 90-85.21, a pharmacist, or an individual practitioner.

(h) Penalties. – Unless the conduct is covered under some other provision of law providing greater punishment, the following classifications apply to the offenses set forth in this section:

(1) Death by distribution of certain controlled substances is a Class C felony.

(2) Aggravated death by distribution of certain controlled substances is a Class B2 felony.

This new statute specifically refers to the Good Samaritan law, N.C.G.S. 90-96.2 (b) , which state as follows:

(b) Limited Immunity for Samaritan. – A person shall not be prosecuted for any of the offenses listed in subsection (c3) of this section if all of the following requirements and conditions are met:

(1) The person sought medical assistance for an individual experiencing a drug-related overdose by contacting the 911 system, a law enforcement officer, or emergency medical services personnel.

(2) The person acted in good faith when seeking medical assistance, upon a reasonable belief that he or she was the first to call for assistance.

(3) The person provided his or her own name to the 911 system or to a law enforcement officer upon arrival.

(4) The person did not seek the medical assistance during the course of the execution of an arrest warrant, search warrant, or other lawful search.

(5) The evidence for prosecution of the offenses listed in subsection (c3) of this section was obtained as a result of the person seeking medical assistance for the drug-related overdose.

Ben David, District Attorney for New Hanover and Pender County, commented about this new law as follows: “For the people who are peddling poison for profit, this sends a strong message that we are going to put you in prison for much longer for the sale of these substances and if your customers are dying from it, you’re going to prison for murder.”

By Jana H. Collins

As the summer heat gradually gives way to cooler temperatures, nature puts on a magnificent display in North Carolina. The state’s diverse landscapes, from the majestic Blue Ridge Mountains to the serene coastal plains, provide the perfect canvas for a mesmerizing show of colors during the fall season. In this blog, we’ll explore the beauty of leaves changing in North Carolina and discover some of the best places to witness this spectacular transformation.

Before we delve into the best spots to witness the fall foliage in North Carolina, let’s briefly understand the science behind this mesmerizing transformation. The process of leaves changing color, known as senescence, is triggered by several factors, including decreasing daylight hours and cooler temperatures. As the days grow shorter and temperatures drop, chlorophyll, the green pigment responsible for photosynthesis, breaks down and reveals other pigments within the leaves. These pigments, such as carotenoids (responsible for yellow and orange colors) and anthocyanins (responsible for red and purple hues), create the vibrant tapestry of fall foliage.

North Carolina’s fall foliage typically reaches its peak between late September and early November. The exact timing varies depending on the region, with the mountains in the western part of the state typically experiencing the color change earlier than the coastal plains in the east. To make the most of your visit, it’s essential to plan your trip during this window of opportunity.

Best Places to Witness the Transformation:

1. Blue Ridge Parkway: Often referred to as “America’s Favorite Drive,” the Blue Ridge Parkway offers some of the most breathtaking fall foliage views in North Carolina. As you wind your way along this scenic highway, you’ll be treated to sweeping vistas of the Blue Ridge Mountains adorned with brilliant shades of red, orange, and yellow. Popular stops along the way include Craggy Gardens and Linville Falls.
2. Great Smoky Mountains National Park: North Carolina shares the Great Smoky Mountains National Park with Tennessee, and it’s a prime location for fall foliage enthusiasts. The park’s diverse elevations create a stunning range of colors, with sugar maples and red maples dominating the scenery. Clingmans Dome and Newfound Gap are excellent spots to capture the beauty of this national treasure.
3. Pisgah National Forest: Located in the western part of the state, Pisgah National Forest boasts lush forests and pristine waterfalls, making it a fantastic destination for leaf-peeping. Don’t miss the chance to explore Looking Glass Falls and take a hike along the Art Loeb Trail for an up-close view of the changing leaves.
4. Biltmore Estate: The Biltmore Estate in Asheville is a year-round destination, but it takes on a special charm during the fall. The beautifully landscaped gardens and acres of forested land around the estate burst into a kaleidoscope of colors. You can enjoy the scenery while touring the historic mansion or strolling through the gardens.
5. Umstead State Park: For those in the Triangle area, William B. Umstead State Park in Raleigh offers a convenient escape into nature. The park’s mixed hardwood forests create a stunning display of fall foliage. Hike or bike through the park’s numerous trails and relish the serenity of the changing leaves.

North Carolina’s fall foliage is a natural wonder that captivates locals and visitors alike. From the lofty heights of the Blue Ridge Parkway to the tranquil beauty of Umstead State Park, the state offers a diverse range of experiences for leaf enthusiasts. So, grab your camera, hit the road, and immerse yourself in the breathtaking transformation of leaves in North Carolina. It’s a seasonal spectacle you won’t want to miss.