A visit to an auto repair shop can be intimidating. Especially when you need work done on your car and you aren’t sure what exactly needs to be done or how much it is going to cost. In order to avoid an unpleasant experience, it’s always a good idea to ask friends and family to refer you to a mechanic they have used and trust. Check to see that the mechanic is ASE (National Institute for Automotive Excellence) certified and that a sign is posted explaining your rights under the North Carolina law. Familiarizing yourself with the North Carolina Motor Vehicle Repair Act in advance may also help to avoid problems with a shop after work has been done on your car.

North Carolina’s Motor Vehicle Repair Act (G.S. 20-354) protects consumers when auto repairs cost more than $350. Here’s how the law works:

•    The repair shop should give you a written estimate and ask you to sign an authorization for the repair. If the car is dropped off by someone else or at a time when the shop is closed, the estimate and authorization can be agreed to orally.
•    When you authorize the repair, you have the right to request that you get back or examine any of your car’s old parts.
•    The repair shop must notify you of any storage charges you’ll owe if you don’t pick up the car once the repair is completed.
•    The repair shop may not exceed the cost you authorized by more than 10 percent without first getting your permission.
•    If the problem is unknown, the repair shop must tell you how much it will cost to diagnose the problem. Once they’ve diagnosed the problem, the shop must contact you with an estimate and to get authorization to do the work.
•    The repair shop must provide you with a detailed invoice that itemizes charges for labor and parts and identifies all parts as new, used, or reconditioned.
•    Keep in mind that repair shops have flexibility in marking up the charge for parts and that you must pay for authorized repairs even if they do not solve the problem.
•    The Motor Vehicle Repair Act does not apply if your insurance company is paying for the repairs, or to agricultural equipment and vehicles weighing more than 26,000 pounds.

Knowing your rights under the Motor Vehicle Repair Act may help avoid a headache during or after a future trip to the mechanic. If you feel as if your rights under this act have been violated by a mechanic or auto repair shop, or if you have legal concerns about any area of law in which we practice, contact us at (910) 793-9000(910) 793-9000 for a confidential legal consultation.

By Lauren Seidel, Paralegal

The holiday season is in full swing and so is the North Carolina “Booze It & Lose It” Campaign, created by State Transportation Secretary Gene Conti in an effort to remove impaired drivers from the road and keep our citizens safe. Checkpoints and increased patrol began on December 6th and will continue through January 2, 2013, to help reduce the rising number of alcohol related crashes, injuries and fatalities state wide.

Driving while under the influence is a violation of North Carolina General Statute § 20-138.1

N.C.G.S. § 20-138.1.  Impaired driving.
(a)        Offense. – A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this 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 0.08 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 G.S. 90-89, or its metabolites in his blood or urine.
(a1)      A person who has submitted to a chemical analysis of a blood sample, pursuant to G.S. 20-139.1(d), may use the result in rebuttal as evidence that the person did not have, at a relevant time after driving, an alcohol concentration of 0.08 or more.

Last year, 3,600 North Carolina Drivers were charged with DUI / DWI during the month long holiday campaign and that number is expected to increase this year. Not only does drinking and driving put you at risk of getting arrested at a checkpoint or during a traffic stop, it puts your life and the lives of others in danger.  In fact, drunk drivers with a blood alcohol concentration (BAC) of 0.08, the legal limit, are 11 times more likely than a sober driver to be in a motor vehicle accident. This likelihood increases with the increase of the BAC level.  With odds like that, why risk it?

In 2011, there were more than 950 alcohol related crashes in North Carolina during the “Booze It & Lose It” Campaign spanning from December 3rd – January 3rd. Those 950 crashes resulted in 44 fatalities and 702 injuries- some of which were innocent victims and not the drunk driver themselves.

If you find yourself questioning weather you had too much eggnog at your office holiday party, don’t risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab or have a sober friend take you home.  If you or someone you know have any legal needs this holiday season call Collins Law Firm at (910) 793- 9000(910) 793- 9000.

By Lauren Seidel, Paralegal

Over the past twenty years, cell phones have become an essential part of day to day life for many Americans. Cell phones continue to provide us with the convenience to communicate while on the go, comfort in knowing we have a way to call for help in case of an emergency, and access to music, games and entertainment.  Cell phones can make life easier, but when used irresponsibly, can have disastrous consequences.

Answering a text takes away your attention for about five second. That is enough time to travel the length of a football field. We know it is dangerous, but many of us continue to send or receive text messages while driving thinking that nothing will happen to them. But according to the National Highway Traffic Safety Administration, text messaging while driving makes a car crash 23 times more likely and 1.3 million auto collisions involved cell phones last year.

Unfortunately, about 6,000 deaths and about 500,000 injuries are caused by distracted drivers every year.  In response to the rapid increase in texting while driving fatalities, 39 states, including North Carolina have passed laws prohibiting all drivers from texting while driving. Texting while driving is a violation of the North Carolina General Statute §20-137.4A.

N.C.G.S. §20-137.4A Unlawful use of mobile telephone for text messaging or electronic mail
(a) Offense. – It shall be unlawful for any person to operate a vehicle on a public street or highway or public vehicular area while using a mobile telephone to:
(1) Manually enter multiple letters or text in the device as a means of communicating with another person; or
(2) Read any electronic mail or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored in the device nor to any caller identification information.
(b) Exceptions. – The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped.
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance.
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system.
(4) The use of voice operated technology.
(c) Penalty. – A violation of this section while operating a school bus, as defined in G.S. 20-137.4(a)(4), shall be a Class 2 misdemeanor and shall be punishable by a fine of not less than one hundred dollars ($100.00). Any other violation of this section shall be an infraction and shall be punishable by a fine of one hundred dollars ($100.00) and the costs of court.

A texting while driving charge will not cause you to receive any drivers license points or insurance surcharges, however the charge will appear on your North Carolina DMV record unless you are able to have the charge dismissed. If you or someone you know has received a ticket for texting while driving, call Collins Law Firm for a free consultation at 910-793-9000910-793-9000.

By Lauren Seidel, Paralegal

The first Thanksgiving was celebrated in 1621 to commemorate a bountiful harvest in the Plymouth Colony. Americans have kept that tradition alive throughout the years, gathering with friends and family on the fourth Thursday of November to eat, drink, watch football, and of course, stay up all night to get the best deals on holiday shopping. While the meaning behind this holiday has remained the same over the years- to celebrate the things we have to be thankful for- the Colonists and Native Americans did not encounter two issues that Thanksgiving and the holiday season bring us today- an increase in traffic and an increase in drinking and driving.

According to AAA, this turkey day is going to be a busy one for travel.  More than 43 million Americans will travel at least 50 miles over the Thanksgiving holiday period and 90% of travelers will be driving to their Thanksgiving destination. That means congested highways, frustrated drivers, and vigilant law enforcement.

Help ease your travel woes this Thanksgiving by following a few simple guidelines:
•    Considering traveling on a less busy travel day-the Wednesday before and the Sunday after Thanksgiving are the two worst.
•     Don’t give into the temptation to speed. It won’t get you there much faster and it can lead to a ticket or worse, a collision.
•    Wear your seat belt: Police will also be looking for seat belt violators and wearing your seat belt during an accident may mean the difference between life and death.
•    Don’t text and drive. Taking your eyes off the road for just a second or two can have tragic consequences.
•    Understand that traffic will be heavy and don’t let your frustrations tempt you to take chances. Keep your family’s safety your number one priority.

The night before Thanksgiving is also one of the busiest bar nights of the year, combined with the high number of travelers on the road, can have tragic consequences. This may be why Thanksgiving has the most drunk driving related fatalities of any other holiday. Law enforcement will be on high alert, in an effort to keep citizens safe.  Don’t put yourself at risk of getting a DUI/DWI or worse, harming yourself or others in an alcohol related accident.

Go ahead and stuff yourself with turkey and pumpkin pie, have a few drinks and be merry. But please, take your time in the holiday traffic and if you drink, don’t drive- take a cab or have a designated driver. Remember, if you do receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this holiday season, call us at (910) 793-9000(910) 793-9000. Stay safe Wilmington!

By Lauren Seidel, Paralegal

In an effort to increase the safety of our children, the North Carolina Highway Patrol launched Operation Stop Arm week yesterday, October 15, 2012 at 6:00 a.m. and will go through the end of school Friday, October 19, 2012.  They will enforce stop arm violations and other traffic violations in and around school zones aggressively.

Troopers will be observing drivers in school zones and following school busses in marked and unmarked cars statewide during this week.

Keep in mind what you are and are not allowed to do with respect to a stopped school bus:

•    Two-lane road – Everyone must stop
•    Four-lane road with no separation – Everyone must stop
•    Four-lane or more with a median or some physical barrier – Only traffic following the bus must stop
•    Center turn lane with less than four lanes – Everyone must stop
•    Center turn lane with at least four other lanes – Only traffic following the bus must stop

Passing a stopped school bus is a Class 1 misdemeanor.  The maximum punishment for a Class 1 misdemeanor conviction is 120 days prison/jail time.   In addition, upon conviction of passing a stopped school bus one receives five driving points on their North Carolina driver’s license and is subject to fines up to $200.   Furthermore, if—while passing a stopped school bus—one strikes an individual, one faces a maximum punishment of 15 months jail/prison time, because this is a Class I Felony.  If—while passing a stopped school bus and striking an individual—one causes a death, one faces a maximum punishment of 30 months jail/prison time, because this is a Class H felony.

Collins Law Firm has handled thousands of traffic tickets for our clients and, in most cases, we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension of your North Carolina driver’s license, call us at: 910-793-9000.

By Jana Collins, Office Manager

Traffic tickets can cause you a lot of headache.  Not just can traffic tickets – if not handled properly –  be very expensive, they can also cause you to loose your drivers license for up to 12 months without a preliminary hearing.

1) Pursuant to N.C.G.S. §20-16 (a)(5) the Division of Motor Vehicle (hereinafter (DMV) shall have authority to suspend your license, if you, accumulated 12 or more points within a three-year period , or eight or more points in the three-year period immediately following the reinstatement of a license which has been suspended or revoked because of a conviction for one or more traffic offenses.  Pursuant to N.C.G.S. §20-16 (c) DMV shall maintain a record of convictions of every person licensed or required to be licensed under N.C.G.S. Chapter 20, Article 2.  And, all convictions of any motor vehicle laws of North Carolina shall be entered into these records and DMV shall assign for every such conviction a number of points in accordance with the following schedule:

Schedule of Point Values
Passing stopped school bus………………………………………………………………………………………..5
Aggressive driving……………………………………………………………………………………………………5
Reckless driving……………………………………………………………………………………………………… 4
Hit and run, property damage only………………………………………………………………………………4
Following too closely………………………………………………………………………………………………..4
Driving on wrong side of road……………………………………………………………………………………4
Illegal passing…………………………………………………………………………………………………………..4
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b……………………….4
Failure to yield right-of-way to bicycle,motor scooter, or motorcycle………………………………4
Running through stop sign………………………………………………………………………………………….3
Speeding in excess of 55 miles per hour……………………………………………………………………….3
Failing to yield right-of-way……………………………………………………………………………………….3
Running through red light…………………………………………………………………………………………..3
No driver’s license or license expired more than one year……………………………………………….3
Failure to stop for siren………………………………………………………………………………………………3
Driving through safety zone………………………………………………………………………………………..3
No liability insurance…………………………………………………………………………………………………3
Failure to report accident where such report is required………………………………………………….3
Speeding in a school zone in excess of the posted school zone speed limit……………………….3
Failure to properly restrain a child in a restraint or seat belt…………………………………………….2
All other moving violations…………………………………………………………………………………………2
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle…….1

Schedule of Point Values for Violations While Operating a Commercial Motor Vehicle
Passing stopped school bus………………………………………………………………………………………….8
Rail-highway crossing violation……………………………………………………………………………………6
Careless and reckless driving in violation of G.S. 20-140(f)…………………………………………….6
Speeding in violation of G.S. 20-141(j3)……………………………………………………………………….6
Aggressive driving……………………………………………………………………………………………………..6
Reckless driving…………………………………………………………………………………………………………5
Hit and run, property damage only………………………………………………………………………………..5
Following too closely………………………………………………………………………………………………….5
Driving on wrong side of road………………………………………………………………………………………5
Illegal passing…………………………………………………………………………………………………………….5
Failure to yield right-of-way to pedestrian pursuant to G.S. 20-158(b)(2)b…………………………5
Failure to yield right-of-way to bicycle, motor scooter, or motorcycle……………………………….5
Running through stop sign……………………………………………………………………………………………4
Speeding in excess of 55 miles per hour…………………………………………………………………………4
Failing to yield right-of-way…………………………………………………………………………………………4
Running through red light…………………………………………………………………………………………….4
No driver’s license or license expired more than one year…………………………………………………4
Failure to stop for siren………………………………………………………………………………………………..4
Driving through safety zone………………………………………………………………………………………….4
No liability insurance…………………………………………………………………………………………………..4
Failure to report accident where such report is required……………………………………………………4
Speeding in a school zone in excess of the posted school zone speed limit…………………………4
Possessing alcoholic beverages in the passenger area of a commercial motor vehicle…………..4
All other moving violations…………………………………………………………………………………………..3
Littering pursuant to G.S. 14-399 when the littering involves the use of a motor vehicle………1

2) Pursuant to N.C.G.S. §20-16 (a)(6) DMV shall have authority to suspend your license, if you made or permitted an unlawful or fraudulent use your license or learner’s permit, or you have displayed or represented as your own, a license or learner’s permit not issued to you.

3) Pursuant to N.C.G.S. §20-16 (a)(7) DMV shall have authority to suspend your license, if you committed an offense in another state, which if committed in this State would be grounds for suspension or revocation.

4) Pursuant to N.C.G.S. §20-16 (a)(8) DMV shall have authority to suspend your license, if you have been convicted of illegal transportation of alcoholic beverages.

5) Pursuant to N.C.G.S. §20-16 (a)(8a) DMV shall have authority to suspend your license, if you have been convicted of impaired instruction under G.S. 20-12.1.

6) Pursuant to N.C.G.S. §20-16 (a)(8b) DMV shall have authority to suspend your license, if you have violated on a military installation a regulation of that installation prohibiting conduct substantially similar to conduct that constitutes impaired driving under G.S. 20-138.1 and, as a result of that violation, has had his privilege to drive on that installation revoked or suspended after an administrative hearing authorized by the commanding officer of the installation and that commanding officer has general court martial jurisdiction.

7) Pursuant to N.C.G.S. §20-16 (a)(9) DMV shall have authority to suspend your license, if you have, within a period of 12 months, been convicted of (i) two or more charges of speeding in excess of 55 and not more than 80 miles per hour, (ii) one or more charges of reckless driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour, or (iii) one or more charges of aggressive driving and one or more charges of speeding in excess of 55 and not more than 80 miles per hour.

8)  Pursuant to N.C.G.S. §20-16 (a)(10) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 75 miles per hour on a public road or highway where the maximum speed is less than 70 miles per hour.

9) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been convicted of operating a motor vehicle at a speed in excess of 80 miles per hour on a public highway where the maximum speed is 70 miles per hour; or

10) Pursuant to N.C.G.S. §20-16 (a)(10a) DMV shall have authority to suspend your license, if you have been sentenced by a court of record and all or a part of the sentence has been suspended and a condition of suspension of the sentence is that the operator not operate a motor vehicle for a period of time.

However, pursuant to N.C.G.S. §20-16 (d) DMV shall immediately notify the you in writing and upon your request shall afford you an opportunity for a hearing, not to exceed 60 days after receipt of the request.  Such notice goes to the address DMV have on record for you.  This notice includes the reason for your suspension and the date for which your suspension is scheduled to go into effect.  Prior to the effective date of your suspension, you can request a hearing.  Such request causes you to retain your license unless it is revoked under some other provision of the law, until the hearing is held, you withdraw your request, or you fail to appear at a scheduled hearing, N.C.G.S. §20-16 (a).

Collins Law Firm has handled thousands of traffic tickets for our clients, and in most cases we were able to avoid suspensions.  Furthermore, for most simple tickets (speeding violations, passing stopped school bus, illegal passing, etc.), our clients do not even need to go to court. We offer free phone consultations for most traffic matters. If you need advice or information about representation for a traffic violation or in a hearing regarding a scheduled suspension, call us at: 910-793-9000910-793-9000 .

By Jana Collins, Office Manager

Filing a claim for unemployment requires contacting the North Carolina’s Employment Security Commission (ESC). The benefits you may qualify for depends on how long the employee was employed and how much they were paid.  Unemployment benefits usually range from $41 to $476 a week. To be qualified, an employee must have been separated from their job through no fault of their own and have worked for at least two of the first four quarters of the last five calendar quarters. Additionally, unemployed claimant must be actively engaged in looking for new employment. Employers must pay for a portion of an employee’s unemployment.  When determining if an employee is eligible to receive unemployment, the ESC contacts the former employer to determine why an employee lost their job. While layoffs are usually straightforward, disputes often arise when there is disagreement over whether an employee was fired for misconduct, forced to resign, or suffered some sort of retaliation from their employer.

Willful Misconduct in Unemployment Claims

In general, terminated employees are eligible for unemployment benefits, but not when willful misconduct on the part of the former employee lead to their being fired. What actually constitutes “willful misconduct,” however, can be contested.

Unemployment Claims Hearings

If a former employee is determined to be ineligible for unemployment benefits in the initial decision, they can appeal. A hearing, either live or by telephone, will be scheduled before a Referee to determine whether or not a former employee should receive benefits. Subpoenas can be issued for witnesses and evidence may be presented to support a claim that discrimination or retaliation was involved in the decision to fire the employee. Employers can also be liable for wrongful termination and may find themselves facing civil litigation and an investigation by the Equal Employment Opportunity Commission (EEOC).

Collins Law Firm can review a claimant’s case in order to form an opinion about whether the decision of the ESC is justified given the circumstances surrounding an employee leaving a job. We can advocate our client’s position by providing documentation that supports the claim and increase the likelihood of prevailing.   If you wish to have a confidential consultation, call us at 910-793-9000.

On July 4, 2012, we will celebrate the 236th anniversary of the Declaration of Independence from the Kingdom of Great Britain.  Many Americans consume alcohol during this celebration.

While enjoying good times with friends and family we may not forget the tragic and sobering consequences that can result by driving while impaired.

To deter drunk drivers across the entire state and remove impaired drivers from the roads, local law enforcement agencies from across the state will join the Governor’s Highway Safety Program “Booze It & Lose It: Operation Firecracker” which began Friday, June 29, and continues through Sunday, July 8.  Law enforcement agencies will increase their presence at the beaches in Pender, New Hanover, and Brunswick Counties.  This will effect Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

Collins Law Firm always urges people not to drive while impaired.  If you consume alcohol, we encourage you to have a designated driver or to take a taxi home.  However, if you are charged with a DWI/DUI, underage drinking, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you, call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

By Jana Collins, Office Manager

North Carolina General Statute Section § 15A-304 provides that: A judicial official may issue a warrant for arrest only when he is supplied with sufficient information, supported by oath or affirmation, to make an independent judgment that there is probable cause to believe that a crime has been committed and that the person to be arrested committed it. The information must be shown by one or more of the following: Affidavit;  Oral testimony under oath or affirmation before the issuing official, etc.

Just because someone swears out a warrant against a person does not mean the person is guilty. In each of the United States, everyone is presumed innocent until proven guilty in a court of law. Criminal charges, even if dismissed in court, can result in criminal records which will affect the accused for the rest of their life. Even if the criminal records are expunged, it is possible that records may still exist of the charges.

Recently, the Wilmington Star News (the main newspaper in New Hanover County, NC) ran a story on North Carolina’s laws on self initiated warrants.  The story commented on several high profile cases including the recent warrant that Belville Mayor Jack Batson took out on Belville Commissioner Joe Breault for communicating threats and cyberstalking. Commissioner Breault had allegedly written an email to Mayer Batson in which he said that if he got out of hand again, “you may likely find your words rammed back down your throat and, along with your new teeth, pulled out of your rectum!”  The article said Batson indicated that he felt compelled to swear out a warrant against Breault since the threats were escalating, but Breault the agreed that the system with self initiated warrants in North Carolina is abused. He said specifically that he has examples of instances where young people threaten to have their lovers arrested if they misbehave.

In 2003, a Kure Beach resident swore out a warrant against actor Ben Affleck for communicating threats.  The warrant was subsequently dismissed.  The District Attorney at the time said that the case was “a very good example of why people shouldn’t be able to take out a warrant without any kind of police investigation.”

The Star News article discussed the processes in other states including Georgia where individuals requesting a warrant must go before a magistrate who holds a hearing where both the accuser and accused are given a chance to present evidence before the judicial officer makes a decision. What followed was the standard three-step process that unfolds thousands of times each year in magistrates’ offices across North Carolina: Batson filled out a one-page form, listing his complaint. He put his hand on a Bible, swearing his claims were true. And then, the magistrate issued a warrant for the commissioner’s arrest.

In the vast majority of other states, there are other professionals involved in the criminal justice system investigating criminal complaints before a warrant is issued.  The Star news quoted Jeffrey Welty, Assistant Professor at the UNC School of Government who has said:  It’s a distinctive feature of North Carolina law. . . . I haven’t surveyed all 50 states, but if we’re not unique, we’re pretty close.

The New Hanover County Courthouse located in Wilmington, NC is closed today, Thursday March 8, 2012, because of an infestation of bed bugs! Courthouse personnel said they noticed some bed bugs in the building and notified the New Hanover County division of Property Management.

Bed bugs have been a human parasite for thousands of years. In the 1940s, bedbugs were mostly eradicated in the developed world.  However, since the mid1990’s, bedbugs have increased in numbers Infestation of human habitats has been increasing, and bed bug bites and the effects thereof have been increasing as well.

An exterminator is scheduled to try to kill all of the pests today by fumigating the building .  We have learned that other facilities will be used for court business with urgency.  Emergency protective orders and civil filings will be handled at the Juvenile Clerk’s Office located at 133 North Fourth Street, Superior Court will be relocated to the Old Courthouse located next door to the main courthouse at 24 North Third Street, and warrants can be sworn out at the New Hanover County Sheriff’s Office on Blue Clay Road.  Jerome Fennell, Director of NHC Property Management, said that “County staff are working closely with exterminators to ensure the facility will be ready for normal operations on Friday.” Whether they will be successful remains to be seen.  Samantha Dooies, assistant to District Attorney Ben David said that blood-sucking bed bugs can be very difficult to eradicate.

An announcement is expected later today about the success of the eradication efforts.  The staff and attorneys at Collins Law Firm certainly hope that those working on the problem are thorough and successful!  The courthouse is full of hardworking people who already have a hard enough time getting all their responsibilities fulfilled, and they need a clean and safe workplace, and they don’t need further delays.  Good luck and successful exterminating to everyone working on the problem!