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House Bill 637: Decriminalizing Marijuana

Thursday, April 17th, 2014

The U.S. prison population is six to ten times as high as in most Western European nations and many say that this is because of the Unites States War on Drugs. More than 749,000 people were arrested in the United States for marijuana-related offenses alone in the year 2012.

However, while the use, sale, and possession of marijuana in the United States is still illegal, the federal government has declared that a state may pass a law to decriminalize cannabis for recreational use, as long as they have a regulation system in place. Many states have decriminalized the substance to certain degrees, other states have created exemptions specifically for medical marijuana, and some have done both. Colorado and Washington are two states that have legalized the recreational use of cannabis following the approval of state referendum in the 2012 elections.

In April 2013, North Carolina State Representative Kelly Alexander, who earlier in 2013 pushed unsuccessfully for medical marijuana, introduced a new bill: House Bill 637. Alexander has said that it would bring North Carolina in line with a number of other states; but marijuana decriminalization bills have not fared too well in North Carolina in the past.  House Bill 637 is a part of North Carolina’s Marijuana Policy Project and has passed its first reading and is now set to be heard by the state Judiciary Committee which will carry over from 2013 to 2014 when the legislature reconvenes.

Currently in North Carolina, the law is that it is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use). Penalties vary according to the amount possessed. (N.C. Gen. Stat. Ann. § 90-95.) The penalties include:

•                         Up to one half of an ounce – a fine of up to $200, up to 30 days in jail, or both.

•                         Between one half ounce and one and a half ounces – a fine of up to $500, between one and 120 days in jail, or both. The judge may order probation or community service in addition to, or  in lieu of some or all of the jail time.

•                         One-and-a-half ounces or more – a fine of $500 or more, up to one year in jail, or both.

It will also be a criminal conviction on a person’s record.

Under House Bill 637, being charged with possession of less than an ounce of marijuana would only be considered a civil infraction with a fine – no longer would a sentencing history nor a criminal record interfere with one’s forthcoming in life. This bill would also allow past offenders to be able to have their records expunged.

Many North Carolina residents are in favor of the proposed bill and hope that it will get passed. A Public Policy Poll taken in March, 2013 indicated that 56 percent of those surveyed in North Carolina think the penalty for possessing small amounts of marijuana should be decriminalized.

For the sake of patients, North Carolina lawmakers should at least consider to study medical marijuana as suggested by another bill introduced by Republican Alexander on April 11, 2014 – bill H941 – A BILL TO BE ENTITLED AN ACT REQUIRING THE LEGISLATIVE RESEARCH COMMISSION TO STUDY ISSUES RELATED TO THE MEDICAL USE OF CANNABIS.

At Collins Law Firm we handle marijuana related and other drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients charged with all types of drug and alcohol offenses. The experienced and compassionate team at Collins Law Firm is here for you – just a phone call away at 910-793-9000.

By Rachel R. Reynolds, Paralegal at Collins Law Firm

Heroin on the Rise

Friday, March 21st, 2014

Heroin is a highly physiologically addictive narcotic derivative of morphine but has a higher potency than morphine. C.R. Alder Wright – an English chemistry and physics researcher in London – was the first to synthesize heroin in 1847. Heroin usually appears as a white or brown powder or as a black sticky substance, known as “black tar heroin.” The name Heroin stems from Bayer, the German Pharmaceutical Company. Bayer named the first diamorphine product Heroin and made its first fortunes in the late 1890s when it commercialized heroin as cough, cold and pain remedy.

The medical use of heroin is prohibited in the United States, because its unwanted effects, i.e. miscarriages, heart infections, and death exceed its values. Heroin however is used illicitly for its euphoric effects and its use is on the rise nationwide.

In the eastern part of North Carolina, law enforcement officials report that the use of heroin, especially amongst high school students, has increased immensely as it has not been seen in decades. For example, while the Police Department of Wilmington, NC, had 12 people arrested for carrying heroin in 2003, the number was almost twenty times as high in 2013 with 214 arrests.

The surge of heroin use appears to be the unintended side effect of the crackdown on the abuse of prescription drugs. While the crackdown on the prescription drug abuse resulted in a decrease of the illegal use of prescription drugs, it also caused some medications to become less available and thereby less affordable. Instead, many turned to a less pricy solution to get euphorically high – heroin.

Even though the use of heroin is at a historic high, experts predict that it has not yet reached the top as addicts are still to some degree able to obtain prescription drugs.

As heroin use may become more prominent in the nearer future, more people may get into a situation in which they may witness a drug related overdose that requires medical assistance. In such situations, limited immunity is extended to those, who seek medical assistance pursuant to N.C.G.S. §90-96.2.

As a heroin user, one does not only face medical and economic, but also legal consequences. Heroin is a Schedule II Controlled Substance pursuant to N.C.G.S. §90-90 (1) and its possession is punishable as a Class I felony pursuant to N.C.G.S. §90-95(a)(3). The sale of heroin is punishable as a Class G felony and the delivery or manufacture is punishable as a Class H felony pursuant to N.C.G.S. §90-95(a)(1).

If convicted of any of those charges, possible consequences are:

– Fines

– Jail or prison time

– Drug treatment/counseling

– Probation

– Difficult bread-winning

– Social stigma

– Permanent criminal record

If you or somebody you know are investigated or have been arrested or charged with a drug crime, you should seek legal counsel to examine all evidence and advise you as to whether accepting a plea deal or going to trial would be in your best interest.

If accepting a plea deal, participation in the Drug Treatment Court (hereinafter DTC) may be considered which is an intensive, highly structured program designed to identify and treat offenders whose criminal activities are generally related to substance abuse offered in 23 counties in North Carolina. Amongst those 23 counties are New Hanover and Brunswick County. In order to qualify for the participation in the DTC, the offender must:

  • be addicted to a chemical substance,
  • be willing to volunteer for the drug treatment court program, and
  • be eligible under the state’s structured sentencing system for a community or intermediate punishment as an alternative to active prison time.

The mission of the DTC is to break the cycle of drug addiction by offering the tools to stay clean. Amongst others, those tools include counseling, housing, school, and employment assistance.

At Collins Law Firm we handle drug charges in New Hanover, Brunswick, and Pender County, and we have successfully defended clients against all types of drug crimes. The experienced team at Collins Law Firm is here for you – just a phone call away at 910-793-9000910-793-9000 .

By Jana H. Collins, Office Manager

Snow Days

Tuesday, January 28th, 2014

”Let it snow, let it snow, let it snow” is the chant all the New Hanover County kids are chanting this morning as they await their winter wonderland. In anticipation of inclement weather New Hanover, Pender, Brunswick, Columbus, Bladen, and other surrounding counties have all cancelled school today and will probably do the same for tomorrow. In addition to schools being cancelled, many courts are closed as well.

While hopes are to get the fun and exciting snow, for now it seems that it is just a lot of sleet and ice. This can cause for slick and dangerous roads, especially for those who are not familiar with driving in these types of conditions. A good rule of thumb is to just stay off the roads, however if you must go out driving here are a few tips for safe driving:

1. Decrease your speed and leave yourself plenty of room to stop

2. When braking, brake gently to avoid skidding and if your wheels start to lock up then ease off the break.

3. Turn your lights on to increase your visibility to other motorists.

4. Keep your lights and windshield clean.

5. Use lower gears to keep traction, especially on hills.

6. Don’t use cruise control or overdrive

7. Be especially careful on bridges, overpasses and infrequently traveled roads, which will freeze first. Even at temperatures above freezing, if the conditions are wet, you might encounter ice in shady areas or on exposed roadways like bridges.

Be careful on the roads and avoid any unnecessary trips out of the house, yet if you or someone you know finds yourself in an accident or with a citation during this arctic takeover, then please contact us at Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

Martin Luther King Jr. Day – January 20th, 2014

Thursday, January 16th, 2014

It comes time for another holiday weekend in Wilmington, NC as we celebrate a weekend full of activities and events to help celebrate Martin Luther King Jr. Day on Monday, January 20th, 2014. Thanks to the M.L.K Celebration Committee and their sponsors, these activities continue to be an important educational and community building event here in Wilmington and Southeaster North Carolina.

On Friday, January 17th, 2014 they will kick off the weekend with the Martin Luther King, Jr. Annual Banquet held at our Wilmington Convention Center with guest speaker N.C Supreme Court Justice Cherie Beasley.

On Saturday, the morning will be started with the N.A.A.C.P/MLK Breakfast at the Warwick Center located on UNCW’s main campus.  Thereafter, the fun will continue with a Kids Fun Day at the William E. Murphy Sports Complex during the day and followed that evening with the Car & Bike Show and Soul-Food Cook-Off.

The activities will start back up on Sunday with the Ecumenical Service to be held at the Fifth Annual Baptist Church and the HBCU (Historically Black College/University) Experience at the Williston Middle School gym where you can watch St. Augustine University Marching Band go head-to-head with Elizabeth City State University Marching Band.

Then, for the finale of the weekend the annual Martin Luther King, Jr. Parade will be held in historic downtown Wilmington, NC, lineup will begin at 9:00am.

With all the activities and events that are to be held this weekend, it will be a weekend full of travelers and patrons hoping to participate in the Martin Luther King, Jr. Weekend celebration. We would like everyone to take caution while driving around town this weekend as the roads should be busy with those celebrating.

Remember, should you or someone you know receive a traffic ticket, get into a fender bender or serious accident, or receive a DUI/DWI or other citation this holiday weekend, call us at (910) 793-9000(910) 793-9000 .

By Rachel R. Reynolds, Paralegal at Collins Law Firm

Motorcycle Safety Act

Friday, December 27th, 2013

North Carolina is fortunate to be the hot spot to many tourists because of it’s southern beaches, historical sites, and beautiful landscape. Another attraction that North Carolina is naturally endowed with are some of the greatest motorcycle rides in America that attract bikers from all over. A popular one on the Eastern side of North Carolina is the Topsail Loop ride- which travels from Jacksonville NC to Topsail NC passing over the Atlantic Intracoastal Waterway and traveling through Surf City, NC. With an increase of bikers on the roads, North Carolina decided to pass a new motorcycle safety law, to be effective October 1st, 2013, which will increase penalties for unsafe movements by drivers that threaten the property and safety of motorcyclists. This law, titled the Motorcycle Safety Act, which will change the reading of G.S. 20-154 to read as rewritten:

PART V. MOTORCYCLE SAFETY

SECTION 5. (a) G.S. 20-154 reads as rewritten:

Ҥ 20-154. Signals on starting, stopping or turning.

(a1)

A person who violates subsection (a) of this section and causes a motorcycle operator to change travel lanes or leave that portion of any public street or highway designated as travel lanes shall be responsible for an infraction and shall be assessed a fine of not less than two hundred dollars ($200.00). A person who violates subsection (a) of this section that results in a crash causing property damage or personal injury to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than five hundred dollars ($500.00) unless

subsection (a2) of this section applies.

(a2)

A person who violates subsection(a) of this section and the violation results in a crash causing property damage in excess of five thousand dollars ($5,000)or a serious bodily injury as defined in G.S.20-160.1(b)to a motorcycle operator or passenger shall be responsible for an infraction and shall be assessed a fine of not less than seven hundred fifty dollars ($750.00). A violation of this subsection shall be treated as a failure to yield right-of-way to a motorcycle for purposes of assessment of points under G.S.20-16(c).In addition, the trial judge shall have the authority to order the license of any driver violating this subsection suspended for a period not to exceed 30 days. If a judge orders suspension of a person’s drivers license pursuant to this subsection, the judge may allow the licensee a limited driving privilege for a period not to exceed the period ofsuspension. The limited driving privilege shall be issued in the same manner and under the terms and conditions prescribed in G.S.20-16.1(b)(1),(2), (3), (4), (5), and G.S.20-16.1(g).

With this new act, we encourage those who are charged with an unsafe movement citation to contact an attorney, especially is the charge is in connection with a motorcyclist. If you or someone you know receives a traffic ticket or gets charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

2013 Thanksgiving Travel

Monday, November 25th, 2013

Year after year during the Thanksgiving holiday period we experience one of the most travel heavy times of the year.  This year a large storm threatens our Thanksgiving holiday travel and may require a lot of patience while on the roads.

This year, the North Carolina Highway Patrol along with numerous state police agencies will be patrolling along the I-40 corridor in an attempt to ensure a safe and uneventful driving environment through constant visibility.

In addition to the presence of law enforcement, motorists are urged to inform the State Highway Patrol at *Hp or at *47 of any careless or reckless driving they may observe.

Also, law enforcement all over North Carolina launched the Thanksgiving “Click it or Ticket” campaign, which will last through Sunday, December 1, 2013 in order to crack down on drivers who do not wear their seat belts.

While during last year’s Thanksgiving holiday, 11 fatal crashes and 432 injury collisions occurred, our law enforcement is hopeful to save lives and prevent injuries.

Spend this Thanksgiving holiday with your friends and or family, enjoy your turkey and pumpkin pie, and have a few drinks if you wish, but please, be patient in this holiday traffic and if you drink, do not drive – take a cab or have a designated driver.

Remember, should you receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI this Thanksgiving holiday, call us at (910) 793-9000(910) 793-9000 .

By Jana Collins

School Bus Safety Act

Tuesday, November 19th, 2013

In just a few weeks a new law will be going into effect in North Carolina called “The Hassani N. Wesley Students’ School Bus Safety Act.” This act was passed earlier this year, but is scheduled to come into effect on December 1st, 2013. This bill will ultimately create harsher penalties for North Carolina drivers who illegally pass school buses.

The name of the bill originated from the unfortunate death of 11-year old, Hassani N. Wesley, who tragically died in December 2012 in Forsyth County, as he was struck by a vehicle which made an illegal pass of a stopped school bus. Unfortunately Hassani Wesley has not been the only fatality this calendar year – on October 17th, 2013 MaKinzy Smith, a Rowan County teen was killed after he was hit by a car while crossing a two-lane road northeast of Salisbury to board his bus. Makinzy Smith’s death marked the 5th fatality from school bus-related collisions this year and the 13th student killed since 1998 in North Carolina after motorists illegally passed or did not heed a bus’s stop sign arm.

It goes without saying that everyone, state educators, politicians, and transportation authorities are welcoming the new law in hopes that the stricter punishments will change this growing statistic.

Pursuant to the current state law it is illegal to pass a stopped school bus  when a school bus’ mechanical stop arm is out or flashing red lights are on. Passing a stopped school bus is categorized as a misdemeanor, and if convicted, the driver will receive 5 points on their license and up to a $200 fine. However, if a driver strikes an individual it is categorized as a Class I felony and if the accident results in death it is then a Class H felony.

On December 1st, 2013, under the Hassani N. Weslet Students’ School Bus Safety Act, a driver who passes a stopped school bus will be charged with a Class I misdemeanor and receive a minimum fine of $500 – a substantial increase from the previous $200 maximum.  In case of a second conviction under this new law within a three-year period one will have their driver’s license revoked for one year. If one is charges with a violation of this new law, they are not eligible for a prayer for judgment (P.J.C.) continued under any circumstances.

If you or anyone you know is charged with passing a stopped school bus, before or after December 1st, 2013 then please contact Collins Law Firm at 910-793-9000910-793-9000 for a confidential consultation.

By Rachel Reynolds, Paralegal at Collins Law Firm

Increased Law Enforcement Crackdown on Fourth of July Rowdy Celebration on Masonboro Island

Thursday, July 4th, 2013

The Wilmington Star News recently reported that there are additional precautions in place for this year’s annual Fourth of July bash on Masonboro Island which will be focused on public safety. However, Richard Johnson founder of Masonboro.org, which is a volunteer organization dedicated to protect public access to the island, says as conservationists their group has solved the problem of leftover trash – by assuming responsibility for removing it.  Mr. Johnson said that the “amount of trash we picked up two years ago was 2,500 pounds. Last year, it was 4,000. . . . I don’t like it, but if the party is going to be there and the trash is going to be left behind, Masonboro.org is going to be there to clean it up.”

Trash and beer cans left on the island is the most visible remnant of the party, according to the Wilmington Star News (the Star News).  The annual event draws hundreds of revelers to the island each year. The Star News reported that many get to the festivities by hitching rides on boats with people they don’t know and are left stranded on the island after the party, with no way back to the mainland. Last year, nearly 1,500 people came to party, resulting in a handful of drunken fistfights and more than 130 injuries requiring medical attention.

Wilmington Star News reported that David Cignotti, mayor of Wrightsville Beach said:  “It’s important that all the agencies talk and coordinate, and that’s what we’ve attempted to do. . . . Adding additional police protection there will probably help temper some folks and some of their activities. We’re going to be getting out early, because a lot of folks will get picked up on Wrightsville Beach and transported over, and we’re going to crack down on that activity. . . .  To take money and take people over there, you need a business license from the town, and you should not be using our public parks to take people over there.”

If the stepped up preventative efforts fail to alleviate the problems despite the outreach efforts and increased security, state agencies may pursue other control measures. Masonboro.org members have bristled at the possibility of new regulations for reserve sites that could change the way residents are able to use the island, saying that people who visit the shore responsibly shouldn’t be punished for the antics of out-of-towners occurring on one day each year.  Collins Law Firm agrees. “We heard resoundingly from our membership that they felt they shouldn’t be penalized,” Johnson said. “We really are pretty passionate about keeping things the way they are.”

The local paper at Wrightsville Beach, The Lumina News reported that water taxis transporting revelers to Masonboro Island for the Fourth of July will be under increased scrutiny this year as the Wrightsville Beach Police Department hopes to eradicate private individuals from operating illegal water taxis.

The Lumina News reported that in the past, Wrightsville Beach Police Chief Dan House said that “when boaters offer to carry passengers to and from private and public docks around Wrightsville Beach to Masonboro Island in exchange for money it contributes to the issues on both islands . . . [and] that he thinks the situation will be better managed than last year. . . . That bleed-over that we get from Masonboro is what we are trying to shut down. . . . [p]eople come back over here, usually drunk and causing problems so we are going to really focus on the water taxis.”

Wrightsville Beach Town Manager Tim Owens indicated that the Town has not issued any business licenses for water taxis anyone operating a taxi will be in violation of a town ordinance. Also the United States Coast Guard could charge operators in violation with federal law if they don’t have a captain’s license. Chief House reportedly said that his officers did not begin patrolling the docks and actively searching for water taxis until around 11 a.m. after which time many partiers had already been ferried to the island.

The Lumina News reported that this year a command center will be set up at the United States Coast Guard Station at Wrightsville Beach comprised of representatives from the Wrightsville Beach Police Department, the Wrightsville Beach Fire Department, the Wrightsville Beach Ocean Rescue, the Wilmington Police Department, the New Hanover County Sheriff’s Office, the New Hanover County Emergency Management, the New Hanover County Fire Department and the New Hanover Regional Emergency Medical Services. From the command center, Chief House indicated that all organizations involved would be able to more effectively deal with unruly situations that may arise on Masonboro Island.

Chief House also said that on the Wrightsville Beach strand, he expects more citations for alcohol and glass on the beach to be issued. The Lumina News wrote that Chief House said due to the increased signage indicating the prohibition of glass and other banned substances: “There is no way anyone can walk out on the beach without seeing it,” he said. “If they come from a private residence they could say that but … we are going to be reluctant to uphold any appeals if their excuse is, ‘I didn’t know.’”

Illegal fireworks are also a typical issue for law enforcement to deal with on the Fourth of July evenings. Chief House said that this year his department would be working with officers from the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District Attorney’s office to increase law enforcement to stop the use of such fireworks on the Fourth of July.   The Lumina News reported that Chief House said “Our policy in the past has been to go over there, ask whose fireworks they are and nine times out of 10 nobody claims them so we seize them, because they are illegal, and turn everything over to ATF,” he said. “There are certain areas we know have fireworks on the island that we have had problems with; and we have already spoken with either the homeowners or businesses and let them know … just to give them a fair warning so hopefully it will go better than it has in the past.”

The Fourth of July is America’s Birthday.  On July 4th, 1776, our founding fathers formally executed the Declaration of Independence, which formally declared the revolt and refusal to submit to the abusive exercise of authority of our previous supreme ruler:  Great Britain.  The Declaration of Independence in its conclusion proclaimed:  We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these united Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

Today’s events are part of our country’s celebration of the founding of our country.  Today is the 237th anniversary of the our Declaration of Independence from Great Britain.

In response to the recent reports of dramatically increased efforts by law enforcement and other organizations to put an end to the rowdy celebrations on Masonboro Island during, and presumably more specifically to the threat of imposition of regulations restricting access to the island, Richard Johnson, the founder of Masonboro.org, wrote a letter to the editor of the Wilmington Star News which was published in late June, 2013.  Here is a reprint of Mr. Johnson’s letter the editor:

In the recent article about officials cracking down on the annual island bash, state officials made some key points that could shape public opinion. Unfortunately, these points were just not true. The first one states that the party wreaks havoc on the island … not true. The party takes place on a small spit of land on the north end that represents less than .01 percent of the island. The second point mentions heaps of trash scooped up the next day by Coastal Reserve staff members. For the last three years, Masonboro.org has handed out trash bags and removed trash during the party. When the party is over, the trash is gone. There are no huge piles of trash left behind. Last year over 50 Masonboro.org members – with the help of Waste Management – removed and recycled 4,000 pounds of trash. I am also skeptical about the mention of 130 injuries. Our volunteers only saw a handful of people seeking out medical attention. Most of these were from stepping on oyster shells.  Finally, we take issue with the statement: “This is the last place this type of activity should be occurring.” While we are not a big fan of the party, we are passionate about keeping the island open to the public. The overwhelming majority of the kids over there behave as good citizens. Those who break a law while on the island should be removed and arrested.  When state officials present misleading facts that could shape public opinion against public access, it is an injustice to all the people who use the island responsibly all year long.  By:  Richard Johnson, Wilmington

Collins Law Firm supports the efforts of Masonboro.org, and encourages everyone to behave and party responsibly and safely not only on the Fourth of July, but always.  However, if you or someone you know receive a traffic ticket or get charged with a crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) call Collins Law Firm at: 910-793-9000910-793-9000 for a confidential consultation.

Crackdown on Under Age Drinking of Alcohol Stepped Up in New Hanover County

Monday, July 1st, 2013

The Wilmington Star News – the primary printed news publication in New Hanover County North Carolina reported on recent efforts by law enforcement to  promote adherence to the state’s underage drinking laws.

The paper reported that the New Hanover County ABC Board and the District Attorney’s Office may be teaming up once again to help reduce underage drinking in the area.  The areas include Wilmington, Wrightsville Beach, Carolina Beach, Kure Beach, and all other areas in New Hanover County, and possibly Pender County.

The paper reported that the Fifth Prosecutorial District’s top prosecutor, Ben David, asked the local ABC Board for assistance in developing a uniform way to enforce and punish cases involving underage drinking and related offenses.

Earlier this month, Ben David asked the board for a grant of $106,000 to fund a program comprised of two full-time positions – an assistant district attorney dedicated to prosecuting alcohol cases and a victim-witness coordinator for the specialized prosecutor.

The proposed program would specialize in handling charges from a multi-agency downtown task force, driving-while-impaired arrests involving minors, fraudulent identifications, and underage possession of alcohol.

According to the Star News, Ben David indicated that his focus with the program is on education for first-time offenders, and that underage drinking often leads to other crimes and that by reaching out to teenagers and others under the age of twenty one years of age, they can improve prevention of future problems.

The ABC Board and Ben David  worked together before to increase enforcement of North Carolina’s laws regarding fraudulent identification documents and have promoted increased use of laws that result in the revocation of the offender’s driver’s license if convicted of fraudulent identification offenses.

The Star News indicated that the new project might have hurdles to overcome around before it can be implemented.  The paper reported that Tom Wolfe (who serves on the ABC Board and also is a county commissioner) said “conceptually it looks great [if] we could work something out to help kids realize the seriousness of underage drinking,” but that Wolfe said the local board still had to discuss the proposed program with state ABC Commissioners to make ensure it met the required guidelines before it could be approved.  It was reported that if finally approved, the program would start in October 2013 and be implemented through August 2014.

Southeastern North Carolina is known as an area which is popular for young people to attend College and pursue careers.  Naturally young people enjoy to play and party around our  beaches and downtown areas which provide various opportunities in which they may get charged with crimes. Many young people under the age of twenty one years old (the minimum age to legally purchase and consume alcoholic beverages) either purchase or create fake IDs online or use friends’ IDs who are of age to purchase alcohol.

Convictions of using fake IDs have serious consequences. The conviction of possession of a false identification or a fake ID alone often results in prosecution therefor. The original owner of the ID may face criminal liability as well.  If convicted of an offense involving a fake ID, N.C.G.S.§ 20-16(a)(6) provides that, one faces a mandatory suspension of their license by the Division of Motor Vehicles. In many cases, reinstatement of one’s license or the issuance of a limited driving privilege or hardship license before the end of the mandatory suspension is not possible.  However, in many cases, avoiding a conviction is possible.

Attorney David Collins has almost 20 years of experience in the legal field, and has represented many people charged with underage consumption or possession of alcohol, and many college students or others charged with  crimes involving  fake IDs successfully. If you or someone you know has been charged with a crime involving underage consumption or possession of alcohol or a fake ID, call (910) 793-9000(910) 793-9000 for a free confidential consultation.

Easter Traffic – No Need 2 Speed Campaign

Tuesday, March 26th, 2013

While the Easter holiday is traditionally not a heavy traffic weekend, this spring’s decrease in gas prices and predictions of pleasant weather for this Easter weekend may impact travel.  In addition, many North Carolina schools are on spring break contributing to traffic congestion.

However, do not try to make up for time lost by speeding—according to the North Carolina Department of Transportation, speeding is one of the main causes of crashes and fatalities on North Carolina reads and was a factor in nearly 400 deaths last year.

Due to the increased amount of traffic it is especially critical to pay a little more attention to the speed limits and your driving habits during this holiday travel time.

Also, the Governor’s Highway Safety Program has teamed up with law enforcement across the state to step up enforcement as part of its “No Need 2 Speed” campaign in order to get motorists to obey the speed limit and slow down.

The focus of the officers’ effort will be noticeable on all roads, including interstates, major highways, rural two-lane roads and city streets across the state.

This week-long campaign was kicked off on Sunday, March 24, 2013 and will last through March 31, 2013.

However, should you or someone you know receive a traffic ticket, get into a fender bender, serious accident, or receive a DUI/DWI, call us at (910) 793-9000(910) 793-9000.

By Jana H. Collins, Office Manager