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North Carolina’s Sheyenne’s Law- 1st Conviction

Thursday, October 19th, 2023

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

Wrightsville Beach, NC: The Bridge Replacement Projects Shaping the Future

Wednesday, October 18th, 2023

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 – Fraternities, Sororities, and Good Times

Monday, October 16th, 2023

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 System in North Carolina – eCourts

Thursday, October 5th, 2023

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

The Ousting of Speaker Kevin McCarthy

Wednesday, October 4th, 2023

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

A New Law in North Carolina – Death by Distribution

Tuesday, October 3rd, 2023

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

Leaves Changing in North Carolina

Monday, October 2nd, 2023

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.

Southeastern NC Law Enforcement Ramps Up Patrols for Labor Day Weekend & ‘Booze It & Lose It’ Campaign

Friday, September 1st, 2023

As Labor Day weekend approaches, people all over the United States are gearing up for a well-deserved break filled with barbecues, beach trips, and family gatherings. However, amidst the festivities and celebrations, safety remains a top priority. In southeastern North Carolina, law enforcement agencies are taking proactive steps to ensure that this long weekend is enjoyable for everyone. This year, they are not only increasing patrols but also launching the ‘Booze It & Lose It’ campaign to combat drunk driving and enhance overall road safety. In this blog, we’ll explore the significance of these efforts and their potential impact on the community.

Labor Day is more than just a day off work, it is a time for relaxation and bonding with loved ones. In southeastern North Carolina, this often involves trips to the beautiful coastal areas, picnics at parks, and enjoying local events. It’s a time when the community comes together to celebrate the end of summer, but it also means more people on the roads. With increased traffic comes a higher risk of accidents, which is why local law enforcement agencies are taking proactive steps to ensure the safety of residents and visitors.

One of the primary measures taken by law enforcement agencies in southeastern NC is the deployment of additional officers during the Labor Day weekend. These officers are tasked with various responsibilities, including monitoring traffic, responding to emergencies, and conducting sobriety checkpoints. The heightened police presence serves as a deterrent to reckless driving behavior, and it helps ensure a rapid response in case of accidents or other emergencies.

In addition to increased patrols, the ‘Booze It & Lose It’ campaign is a key initiative aimed at curbing drunk driving during Labor Day weekend. This campaign, which is part of a broader nationwide effort, focuses on raising awareness about the dangers of impaired driving and enforcing strict penalties for those who choose to drive under the influence.

Key elements of the campaign include:

  1. Sobriety Checkpoints: Law enforcement sets up checkpoints throughout the region to check for impaired drivers. These checkpoints are strategically placed to catch individuals who might otherwise go unnoticed.
  2. Education and Outreach: Local law enforcement collaborates with community organizations to promote responsible drinking. Educational initiatives often include social media campaigns, pamphlets, and community events.
  3. Zero Tolerance: Southeastern NC law enforcement agencies are committed to a zero-tolerance policy for drunk driving during Labor Day weekend. Anyone caught driving under the influence will face severe consequences, including license suspension and potential legal charges.

The efforts to increase patrols and promote the ‘Booze It & Lose It’ campaign are expected to have a positive impact on southeastern North Carolina during Labor Day weekend. The increased presence of law enforcement will deter risky behaviors, reduce the number of impaired drivers on the road, and ultimately lead to safer streets for everyone.

Moreover, campaigns like ‘Booze It & Lose It’ play a crucial role in fostering a culture of responsible drinking. By raising awareness about the dangers of impaired driving, these initiatives help change attitudes and save lives.

Should you or someone you know receive a traffic ticket or any other criminal charge or, God forbid, sustain serious personal injuries as result of someone elses negligence, please call us at Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Jana H. Collins

Navigating the Night: Rushing, Underage Drinking, and the Good Samaritan Law

Tuesday, August 29th, 2023

The transition to adulthood often comes with a rush of newfound freedoms and opportunities. For many young individuals, this includes the allure of parties, social gatherings, and yes, sometimes even underage drinking. As young adults venture into these uncharted waters, it’s important to be aware of the potential risks and legal implications that may arise. One such safeguard is the Good Samaritan Law, a legal principle that seeks to strike a balance between ensuring safety and encouraging responsible behavior.

The allure of the college experience often involves joining fraternities, sororities, or other social clubs, an exciting process known as “rushing.” It’s a time of bonding, forming friendships, and creating lasting memories. However, the rush to fit in and establish connections can sometimes lead to questionable decisions, including engaging in underage drinking. The pressure to conform and be part of the group can overshadow the potential consequences of such actions.

Underage drinking is a prevalent issue, one that arises from a mix of curiosity, peer pressure, and a desire to rebel. Young adults may feel invincible, believing that nothing bad will happen to them. However, the truth is that underage drinking can have serious health, legal, and social consequences. From alcohol poisoning and accidents to academic and legal repercussions, the risks are very real.

In the midst of these youthful escapades, the Good Samaritan Law stands as a beacon of protection. This legal principle varies by jurisdiction, but its essence remains consistent: It encourages individuals to seek help for those in need without fear of legal repercussions. This is particularly relevant in situations where underage drinking is involved, and medical attention becomes necessary.

The Good Samaritan Law acknowledges that the priority should be saving lives rather than punishing individuals for being in difficult situations. If someone calls for medical assistance due to alcohol-related issues, both the person seeking help and the person in distress are often granted immunity from certain legal consequences. This encourages responsible decision-making and can ultimately save lives.

While the Good Samaritan Law provides a safety net, it’s vital to remember that prevention is the best approach. Education and open conversations about the dangers of underage drinking can empower young adults to make responsible choices. Building a support network that prioritizes well-being over peer pressure can go a long way in curbing risky behaviors. The Good Samaritan Law serves as a reminder that looking out for one another’s safety should always be a priority, even in the midst of youthful exuberance. By fostering a culture of responsibility, understanding, and compassion, we can ensure that the rush of these experiences doesn’t overshadow the importance of safeguarding our well-being and that of those around us.

By Jana H. Collins

School Bus Safety in Eastern North Carolina

Wednesday, August 23rd, 2023
Illustration of school kids riding yelliw schoolbus transportation education. Student child isolated school bus safety stop drive vector. Travel automobile school bus public trip childhood truck.

For many North Carolina children to the 2023-2024 school year will begin next week.  A large percentage of students will be riding a school bus to and from school. It is extremely important for drivers to be cautious, aware, and patient on the road, especially around crosswalks, schools, and buses at this time of the year.

By law, drivers are required to stop when a school bus is loading or unloading passengers.  However, our children also need to be cautious and look both ways when getting on or off of the school bus, just in case a driver does not stop for the stopped bus for any reason.

The safety of our children is a collaborative effort, involving not only the school districts and bus drivers but also parents, students, and the broader community. Eastern North Carolina fosters this collaboration through educational programs that teach students the importance of proper behavior while on the bus, such as staying seated, using seat belts, and respecting the driver’s authority. Parental involvement in reinforcing these lessons further strengthens the safety net around the school bus experience.

Consequences for motorists who fail to comply with school bus safety rules:

$500.00 penalty and five-point penalty to your driver’s license if you pass a stopped school bus.

Minimum fine of $1,000.00 and a Class I felony if you pass a stopped school bus and strike someone.

Fine of $2,500.00 and a Class H felony if someone is killed.

If you or somebody you know receives a citation for not complying with school bus safety rules or face any other kind of traffic or criminal charges in our area, Collins Law Firm can help. Please give us a call at 910-793-9000 for a confidential consultation.

By Jana H. Collins