Under North Carolina law, what are the ways you can lose your driving privilege?

Under North Carolina law, there are several ways that a person can lose their driving privilege. Here are some of the most common:

1.         Conviction of certain traffic offenses, including driving while impaired (DWI), reckless driving, hit and run, and speeding over 75 mph.

2.         Accumulation of too many driver’s license points within a specific period of time. Points are assigned for various traffic violations, and when a driver accumulates a certain number of points within a three-year period, their license may be suspended.

3.         Failure to appear in court or pay fines for traffic violations.

4.         Failure to maintain proper liability insurance coverage for your vehicle.

5.         Medical conditions or disabilities that make it unsafe to drive.

6.         Habitual drug or alcohol use that makes it unsafe to drive.

7.         Non-driving-related offenses, such as failure to pay child support or certain criminal convictions, can also result in a license suspension.

It’s important to note that the length of a license suspension can vary depending on the offense and whether it’s a first-time offense or a repeat offense.

Should you or someone you know receive a traffic ticket or any other criminal charge in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, or face a suspension of your driver license, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon

In North Carolina, felonies are classified into ten different categories or classes, each with its own range of penalties and sentencing guidelines. The classes of felonies in North Carolina are:

Class A Felonies: These are the most serious type of felony in North Carolina and include crimes such as first-degree murder, first-degree burglary, and certain drug trafficking offenses. Class A felonies are punishable by life imprisonment or the death penalty.

Class B1 Felonies: These include offenses such as rape, kidnapping, and some drug trafficking offenses. Class B1 felonies carry a potential sentence of 144 months to life imprisonment.

Class B2 Felonies: This category includes crimes such as voluntary manslaughter, second-degree murder, and some drug trafficking offenses. The potential sentence for a Class B2 felony is between 94 and 393 months in prison.

Class C Felonies: These include offenses such as assault with a deadly weapon, burglary, and embezzlement of property worth more than $100,000. Class C felonies carry a potential sentence of between 44 and 182 months in prison.

Class D Felonies: This category includes crimes such as possession of stolen goods, forgery, and embezzlement of property worth between $1,000 and $100,000. The potential sentence for a Class D felony is between 38 and 160 months in prison.

Class E Felonies: These include offenses such as larceny of property worth between $1,000 and $10,000, and possession with intent to sell or deliver a controlled substance. Class E felonies carry a potential sentence of between 15 and 63 months in prison.

Class F Felonies: This category includes crimes such as identity theft, larceny of property worth between $500 and $1,000, and possession of a stolen firearm. The potential sentence for a Class F felony is between 10 and 41 months in prison.

Class G Felonies: These include offenses such as breaking and entering into a motor vehicle, larceny of property worth less than $500, and possession of stolen property. Class G felonies carry a potential sentence of between 8 and 31 months in prison.

Class H Felonies: This category includes crimes such as simple assault, possession of a firearm by a felon, and certain drug offenses. The potential sentence for a Class H felony is between 4 and 25 months in prison.

Class I Felonies: These include offenses such as possession of marijuana or cocaine in excess of 1.5 ounces but less than 10 pounds, and carrying a concealed weapon. Class I felonies carry a potential sentence of up to 24 months in prison.

It’s important to note that the potential sentence for a given felony offense can vary based on factors such as the defendant’s criminal history and the circumstances surrounding the crime. Additionally, judges in North Carolina have discretion to depart from the statutory sentencing guidelines in certain cases.

Should you or someone you know get charged with a felony, a misdemeanor, or a traffic ticket in Southeastern North Carolina, in New Hanover (Wilmington), Pender (Burgaw), or Brunswick (Bolivia) Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

Drug Treatment Court and Adult Enhancement Services are two different programs in New Hanover County, NC, that serve distinct purposes and populations.

Drug Treatment Court is a court-supervised program designed for individuals with substance abuse issues who have been charged with non-violent drug-related offenses. It provides a structured and intensive treatment program that includes drug testing, individual and group counseling, and regular court appearances. Participants are required to complete the program successfully as a condition of their sentence, and those who do may have their charges reduced or dismissed.

Adult Enhancement Services, on the other hand, is a program that provides services and resources to adults with intellectual and developmental disabilities. The program offers vocational training, educational opportunities, socialization, and recreational activities to help participants gain independence, improve their quality of life, and reach their full potential.

In summary, Drug Treatment Court is a legal program that addresses substance abuse issues and criminal charges, while Adult Enhancement Services is a social service program that supports individuals with intellectual and developmental disabilities.

Drug addiction is a serious problem that affects millions of people around the world. The use of drugs can have devastating effects on an individual’s life, leading to issues such as unemployment, financial instability, and even incarceration. In recent years, the United States has seen a rise in the number of drug addiction cases, particularly in North Carolina. To combat this issue, New Hanover County has established a Drug Treatment Court (DTC) to aid individuals who struggle with addiction and want to make a positive change in their lives.

The New Hanover County Drug Treatment Court was established in 1999 and has been in operation ever since. Its primary objective is to provide individuals who have been charged with drug-related offenses with an opportunity to receive treatment instead of facing incarceration. The court operates as a collaborative effort between the judiciary, law enforcement, and healthcare professionals to provide comprehensive treatment and support to individuals who have a drug addiction.

The Drug Treatment Court operates under a strict set of guidelines, which are designed to ensure that participants receive the best possible care and support. Participants are required to attend regular court sessions, undergo drug testing, and adhere to strict treatment protocols. The court also provides participants with access to a range of support services, such as counseling, job training, and housing assistance.

One of the key benefits of the Drug Treatment Court is that it provides participants with a sense of community and support. Addiction can be an isolating experience, and many individuals who struggle with drug addiction feel alone and unsupported. The court provides participants with access to a network of professionals and peers who are committed to their success. This sense of community can be a powerful motivator for individuals who are trying to overcome addiction.

Another benefit of the Drug Treatment Court is that it provides participants with an opportunity to avoid incarceration. Individuals who are convicted of drug-related offenses may face significant time in jail or prison. However, the Drug Treatment Court provides an alternative to incarceration by offering treatment and support instead. This not only benefits the individual but also the community at large, as it reduces the number of individuals who are incarcerated for drug-related offenses.

The Drug Treatment Court has been highly successful in achieving its objectives. Studies have shown that participants in the Drug Treatment Court have a significantly lower rate of recidivism than those who are incarcerated. This is due in part to the fact that the court provides participants with access to treatment and support, which can help them overcome their addiction and make positive changes in their lives.

In addition, the Drug Treatment Court has been shown to be cost-effective. Incarceration is an expensive proposition, and the cost of housing an inmate in jail or prison can quickly add up. By providing treatment and support instead of incarceration, the Drug Treatment Court can save the community money while also providing individuals with a path to recovery.

In conclusion, the New Hanover County Drug Treatment Court is an important resource for individuals who are struggling with drug addiction. By providing access to treatment and support, the court helps individuals overcome addiction and make positive changes in their lives. The court also provides a cost-effective alternative to incarceration, which benefits both the individual and the community at large. Overall, the Drug Treatment Court is a valuable tool in the fight against drug addiction, and it has the potential to make a significant impact in the lives of those who participate.

If you know someone with an addition problem with pending criminal charges in New Hanover County, give us a call at 910-793-9000 for a confidential consultation about how we can help.

By Jana H. Collins

The North Carolina district courts have recently implemented a new electronic filing system that promises to streamline court processes and increase efficiency. This new system is expected to be a significant upgrade from the previous paper-based filing system, which is both time-consuming and cumbersome.

The electronic filing system, or EFS, allows attorneys and self-represented litigants to file documents electronically, which eliminates the need to submit paper documents in person or through the mail. This means that court documents can be filed 24/7, providing greater convenience and flexibility to attorneys and parties.

In addition to being more convenient, the EFS system is also expected to be more secure than the previous paper-based system. The system utilizes advanced encryption technology to ensure that all documents and filings are kept confidential and secure. The system also provides access controls and audit trails to help prevent unauthorized access and ensure that only authorized individuals have access to court documents.

The EFS system also has features that improve communication between parties and the court. Parties can receive automatic notifications when documents are filed, ensuring that they are kept up to date on the status of their case. Additionally, the system allows for electronic service of documents, which reduces the need for physical delivery and saves time and money.

Another benefit of the EFS system is that it provides a central location for all court documents and filings. This makes it easier for attorneys and parties to access important documents and filings, as they can do so from any computer with internet access. The system also allows for easy retrieval of documents, which is particularly useful for attorneys who may need to review previous filings or documents.

Overall, the implementation of the electronic filing system for NC district courts is a significant improvement over the previous paper-based system. The EFS system provides increased convenience, security, and efficiency, and it is expected to make court processes faster and more streamlined. The system has been well-received by attorneys and self-represented litigants, and it is expected to become the new standard for court filings in North Carolina.

The electronic filing system is now live in four pilot counties which are Harnett, Johnston, Lee, and Wake Counties.  There is not timeline as to when we can the new system to be implemented in Brunswick, New Hanover, and Pender Counties.

By Jana H. Collins

2023 St. Patrick’s Day – Booze I & Lose It Campaign

On Saint Patrick’s Day, we are celebrating the beginning of Christianity in Ireland.

The holiday is named after Saint Patrick (AD 385–461), who is the most recognized patron saint of Ireland.

St. Patrick’s Day festivities involve parades and the wearing of green attire and shamrocks.  Also, on St. Patrick’s Day, the eating meat and drinking alcohol are permitted despite the prohibitions of the Lenten season.  Unfortunately, too many decide to drive after consuming alcoholic beverages.  Last year, about 225 motorists were injured due to impaired driving around St. Patrick’s Day, including 11 fatalities.

In an effort to deter those who have been drinking before getting behind the wheel, law enforcement officers statewide will be on patrol and set up DWI checkpoints.

If you find yourself questioning whether you had too many stouts, lagers, cream ales, ales, etc, do not risk getting arrested or worse, endangering your life or the lives of others. Play it safe and call a cab, UBER, or LYFT, or have a sober friend take you home.

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 for a confidential consultation.

Stay safe, Wilmington!

By Jana H. Collins, Office Manager

Due to the Sunshine Protection Act, there has been some confusion amongst Americans on whether Daylight Saving Time will occur this year. The Sunshine Protection Act to eliminate the seasonal clock/time change was passed by Senate last year. Despite the bill’s passage, this year’s “spring forward” time change will occur on Sunday, March 12 at 2:00 am and the “fall back” time change will occur on November 5, 2023. Don’t forget to change your clocks this weekend.

Although Senate passed the bill in March 2022, the bill remained in a committee in the House of Representatives until reaching expiration of the previous Congress. Failure to reach a conclusion appears to result from differences in opinions on whether the switch should be to permanent standard time or permanent daylight-saving time. People in favor of permanent standard time argue that they have safety concerns for children going to school/waiting at bus stop in the mornings without any sunlight. Additionally, the American Academy of Sleep Medicine states that standard time is better aligned with the human body’s internal clock than daylight saving time. The shift to permanent daylight-saving time would cause darkness in the morning and light in the evening, potentially disrupting people’s sleep quality and routines for work and school.

In contrast, supporters of permanent daylight-saving time want longer daylight hours and argue that this change will reduce seasonal depression and enable more outdoors activities (mainly for children). NBC News reported how Florida Senator, Marco Rubio, initially introduced the Sunshine Protection Act, claiming it would reduce crime, encourage children to play outside, and lower risks of heart attacks and car accidents. Furthermore, a study from 2020 showed a 6% increase in fatal traffic accidents in the week following the time change. Other studies show indication that workplace injuries and medical errors have a slight increase within days following the time change. Nevertheless, Daylight Saving Time shall take place in 2023 and we will hopefully receive a definite answer from Congress at some point this year.

Should you or someone you know receive a traffic ticket or get into a car accident in New Hanover, Pender, or Brunswick Counties, call Collins Law Firm at 910-793-9000 for a confidential consultation about what we can do to help you.

By Bryanna Gordon, Legal Assistant

As the Wilmington area continues to grow, more drivers will be on the roads, ultimately increasing the likelihood of car accidents. WECT News compiled a list of some of the worst intersections for car accidents in the area that were reported from 2018-2021. It should be noted that the volume of traffic is what contributes to the number of accidents on these roads and these intersections are not more/less dangerous than other roads and intersections.  

The worst intersections for car accidents reported between 2018-2021 in New Hanover County are as follows:

1.            College Road & New Centre Drive

• 171 accidents were reported at this intersection and the most common type of accident at this intersection is angle accidents (includes T-bone collisions).

2.            Kerr Avenue & Market Street

• 124 accidents were reported here, and angle accidents were the most common accident type. However, NCDOT has made improvements to Kerr Avenue over the last few years and left turns are now prohibited at the intersection.

3.            College Road & Oleander Drive

• 108 accidents were reported at this intersection and the most common accident type was rear-end accidents.

4.            Market Street & New Center Drive

• 106 accidents were reported at this intersection and angle accidents were the most common accident type. Although New Center Drive is a short road, the volume of cars on that road is high, partially due to the several commercial businesses located there.

5.            College Road & MLK Parkway

• 101 accidents were reported here, and rear-end collisions are most common at this intersection. This roadway is heavily traveled, especially since vehicles coming from and heading to Interstate 40 end up at this intersection and onto College Road.

6.            College Road & Randall Parkway

• 99 accidents were reported here, and rear-end collisions are most common at this intersection. This heavily traveled intersection is near UNCW.

7.            Gordan Road & College Road

• 93 accidents were reported here and rear-end collisions are most common at this intersection.

8.            Gingerwood Drive & Market Street

• 89 accidents were reported here, and angle accidents are most common at this intersection.

9.            Fifth Street and Wooster Street

• 88 accidents were reported at this intersection over the three-year period.

10.          Third Street and Wooster Street

• 84 accidents reported here. Only two blocks away from Third & Wooster intersection, this is a common site for high traffic volume because it leads drivers across the Cape Fear Memorial Bridge.

Unfortunately, car accidents occur and are sometimes out of one’s control. However, if you are hurt in a motor vehicle collision, you may be able to recover from the “at fault” driver who caused the accident. In North Carolina, you can receive compensation for pain and suffering by filing a claim for personal injuries. If a person’s death resulted from a collision caused by another driver’s negligence, a wrongful death claim (type of personal injury) could be filed. We hope it will not become necessary, but if you or a loved one find yourself in need of an attorney for a serious personal injury, or you get into trouble with a criminal matter, or receive a traffic ticket in New Hanover, Pender, or Brunswick County, please give our office a call at 910-793-9000 for a confidential consultation.

By Bryanna Gordon, Legal Assistant

According to the Agency for Toxic Substances and Disease Registry, “as many as one million military and civilian staff and their families might have been exposed to the contaminated drinking water” at Camp Lejeune from the early 1950s to late 1980s.

Here are some descriptions and symptoms (reported by MayoClinic.org) of the eight presumptive illnesses caused by the toxic water at Camp Lejeune:

1.         Adult leukemia: cancer of the body’s blood-forming tissues, and this includes bone marrow and the lymphatic system. People with leukemia have bone marrow that over-produces too many abnormal white blood cells that cannot function properly. Symptoms include:

• Fever or chills
• Persistent fatigue/weakness
• Frequent or severe infections
• Weight loss
• Swollen lymph nodes, enlarged liver or spleen
• Easy bleeding or bruising
• Recurrent nosebleeds
• Tiny red spots in your skin (petechiae)
• Excessive sweating, especially at night
• Bone pain or tenderness

2.         Aplastic anemia and other myelodysplastic syndromes: a group of disorders that result from something defective in the spongy material inside bone marrow where blood cells are made, causing blood cells to not form or work properly. It is common to not experience symptoms right away, but in time, myelodysplastic syndromes might cause:

• Fatigue
• Shortness of breath
• Unusual paleness (pallor), caused by a low red blood cell count (anemia)
• Easy or unusual bruising or bleeding, caused by a low blood platelet count (thrombocytopenia)
• Pinpoint-sized red spots just beneath the skin that are caused by bleeding (petechiae)
• Frequent infections, caused by a low white blood cell count (leukopenia)

3.         Bladder cancer: a common type of cancer that most often begins in the urothelial cells that make up the inner lining of your bladder. Bladder cancers can reoccur frequently, even after successful treatment so people with this diagnosis often undergo years of follow-up testing. Symptoms of bladder cancer include:

• Blood in urine (hematuria), which can cause urine to appear bright red or cola colored (sometimes the urine appears normal, but blood is detectable on a lab test)
• Frequent urination
• Painful urination
• Back pain

4.         Kidney cancer: the abnormal growth of cells in the kidney tissue. Symptoms include:

• Blood in your urine, which may appear pink, red, or cola colored
• Pain in your back or side that is constant
• Loss of appetite
• Unexplained weight loss
• Tiredness
• Fever

5.         Liver cancer: the abnormal growth of cells that begins in your liver. There are several types of liver cancer and the most common type is hepatocellular carcinoma, which begins in hepatocytes, the main type of liver cell. It is rare to have symptoms in early stages of primary liver cancer, but when symptoms do finally appear, they include:

• Unexplained weight loss
• Loss of appetite
• Upper abdominal pain
• Nausea and vomiting
• General weakness and fatigue
• Abdominal swelling
• Yellow discoloration of your skin and the whites of your eyes (jaundice)
• White, chalky stools

6.         Multiple myeloma: cancer that forms in plasma cells (type of white blood cell), overpowering healthy blood cells in the bone marrow that help fight infections by producing antibodies. There may not be symptoms in early stages of multiple myeloma and symptoms can vary, but symptoms can include:

• Bone pain, especially in your spine or chest
• Nausea
• Constipation
• Loss of appetite
• Mental fogginess or confusion
• Fatigue
• Frequent infections
• Weight loss
• Weakness or numbness in your legs
• Excessive thirst

7.         Non-Hodgkin’s lymphoma: cancer that begins in your lymphatic system, causing lymphocytes (white blood cells) to grow abnormally and can even form tumors throughout the body.

• Swollen lymph nodes in your neck, armpits or groin
• Abdominal pain or swelling
• Chest pain, coughing or trouble breathing
• Persistent fatigue
• Fever
• Night sweats
• Unexplained weight loss

8.         Parkinson’s disease: a progressive disorder, meaning the symptoms start slowly and worsen over time. This disease is incurable and affects the nervous system and parts of the body that are controlled by nerves. Tremors are a common symptom, especially in early stages but early signs can be mild and go unnoticed. Although, symptoms vary for everyone and often begin on one side of the body. The main symptoms are:

• Tremors
• Slowed movement (bradykinesia)
• Rigid muscles/ stiffness
• Impaired posture and balance
• Loss of automatic movements (decreased ability to perform unconscious movements, including blinking, smiling, or swinging your arms when you walk)
• Speech changes
• Writing changes (it may become hard to write)

If you, your loved one, or one of your family members lived or worked for a minimum of thirty days at Camp Lejeune between August 1953 and December 1987 and have been diagnosed with any of the presumptive illnesses referenced above, you may be eligible to recover under the pending Camp Lejeune Contaminated Water Lawsuit.  Please call us at 910-793-9000 for a free confidential consultation.

By Bryanna Gordon, Legal Assistant

The United States Marine Corps discovered in 1982 that the drinking water at their Base Camp Lejeune, in Jacksonville, North Carolina, was contaminated with numerous dangerous chemicals.  This contamination was existent from August 1953 through December 1987.  Our Marines, as well as their families, and civilian staff who lived or worked at Camp Lejeune during this time period were exposed to this contamination and many of them experienced or still experience serious health issues. 

The U.S. Department of Veteran Affairs presumes that the following eight diseases developed in those exposed to the contaminated water during August 1953 and December 1987 were in fact caused by their exposure to the contaminated water:

• Adult leukemia
• Aplastic anemia and other myelodysplastic syndromes
• Bladder cancer
• Kidney cancer
• Liver cancer
• Multiple myeloma
• Non-Hodgkin’s lymphoma
• Parkinson’s disease

If you, your loved one, or one of your family members lived or worked for a minimum of thirty days at Camp Lejeune between August 1953 and December 1987, and experience(d) health issues, you may be eligible to recover under the pending Camp Lejeune Contaminated Water Lawsuit.  Please call us at 910-793-9000 for a free confidential consultation.

By Jana H. Collins