In the aftermath of Hurricane Isaias, many traffic signals were off due to the loss of power in many areas, and it appeared as if many drivers were unsure about what to do in this situation.  North Carolina General Statute §20-158 (b)(6) provides as follows:

“When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.”

If you approach a major intersection with multiple lanes of travel, then the vehicle that arrived first has the right of way.  When two vehicles arrive at the same time, then the vehicle to the right has the right of way and gets to proceed first.

Please make sure to be familiar with the laws governing the use of the roads in North Carolina in order to stay safe and avoid violations which could result in fines, driver license and insurance points. 

However, should you or someone you know receive a citation for a traffic violation in Southeastern North Carolina, in or around Wilmington, NC, in New Hanover County, Brunswick County, or Pender County, contact Collins Law Firm at 910-793-9000 for a confidential consultation.

By Jana H. Collins

The recent snow storm in the east coast caused school closings and court closings in Southeastern North Carolina including New Hanover, Brunswick, Pender, Columbus, Bladen, Sampson, Duplin, and Onslow Counties. The criminal and traffic charges which were set for the days court was closed are continued to the next court day for the charging officer. Most people with court dates which were set for the days court was closed will be notified by the clerk’s office about their next court date. Defendant’s with lawyers should consult with their attorney about their next court date.

All defendants without attorneys should at least consult with a qualified lawyer about their case. In many cases, the cost of having an attorney represent someone with a criminal or traffic charge is much less than the consequences and costs associated with being convicted. In traffic cases, convictions can cause thousands of dollars in increased insurance premiums, compared with a few hundred dollars for attorney fees. Also, in most traffic violation cases, defendants do not even have to appear in court. For criminal charges, a conviction can affect the defendant for the rest of their lives, and may cost them many opportunities such as jobs and housing options.

If you have a pending criminal or traffic charge, call the professionals at Collins Law Firm for a consultation at: 910-793-9000. We have been representing people with criminal and traffic charges in Southeastern North Carolina since 1997.

The elections are over and we are very excited that all of our friends whom we supported in their races in the Southeastern North Carolina counties surrounding Wilmington NC (Brunswick County and New Hanover County) won their elections! This was an historic election, and for the first time since 1898, the Republicans hold the majority of both houses of the North Carolina legislature.

Jon David will be the new District Attorney in North Carolina’s 13th prosecutorial district, which includes Brunswick County, Columbus County, and Bladen County. Mr. David’s office will prosecute all state crimes including infractions, misdemeanors, and felonies. Jon David has over ten years experience as a prosecutor, and has been prosecuting cases for years with his brother, Ben David, who is the District Attorney in the Fifth Prosecutorial District (which includes New Hanover County and Pender County). We know Mr. David will make an outstanding District Attorney and will work hard to seek justice in all the cases his office will handle.

Thom Goolsby will be New Hanover County’s new State Senator. Mr. Goolsby is a Wilmington, NC lawyer who practices personal injury and criminal defense in Wilmington, North Carolina. He is a conservative and will focus on creating jobs by limiting government in Raleigh. He holds both a Juris Doctor, and Master of Business Administration, and has been managing his law firm for years, so he understands business, and will make an excellent law maker.

Jay Hockenbury will continue one of our Superior Court Judges in New Hanover County and Pender County. Judge Hockenbury was challenged in this election, and soundly defeated his opponent. He also is a Republican, and he is a fair and impartial judge. He hears civil cases as well as all types of criminal cases in including misdemeanors and felonies. We are glad Judge Hockenbury will continue to be one of our excellent Superior Court Judges.

Chad Hogston, also a Wilmington attorney, will be our newest District Court Judge. Mr. Hogston has been practicing law in Wilmington for almost a decade and a half. He has experience in both civil and criminal cases, and we are sure he will be an outstanding fair and impartial District Court Judge.

Jan Kennedy will be our new Clerk of Court in New Hanover County. She has almost two decades experience in the clerk’s office, and we are confident she will make an excellent Clerk of Court, and she will make sure that the courts continue to run smoothly and efficiently. The clerk’s office manages all the files in State court including civil matters as well as all criminal matters – including all infractions, misdemeanors, and felonies.

A newly elected District Attorney will soon be sworn in the 13th prosecutorial district of NC.

The 13th prosecutorial district of North Carolina is comprised of Brunswick County, Columbus County, and Bladen County located in Southeastern NC. The district attorney’s office in Brunswick County is located in Bolivia, NC and is the largest office of the three counties.

The district attorney’s office prosecutes crimes committed within their district including felonies and misdemeanors. Most of the prosecutions in the courtroom are conducted by assistant district attorneys – all of which are lawyers licensed in the State of NC.

Rex Gore, who is the current elected district attorney, was defeated in the democratic primary by Butch Pope out of Whiteville, NC. He is challenged by Jon David, who is currently an assistant district attorney in New Hanover County and has his office located in Wilmington, NC. The result of the upcoming election will decide who will be the new District Attorney, and what, if any, changes will be made with the district attorney’s office in the 13th district.

A possible disposition for a criminal or traffic charge (either an infraction, misdemeanor, or a felony) unique to North Carolina state courts, is a Prayer for Judgment Continued, or PJC.  When requesting a court to grant a request for a PJC, the proper way attorneys ask is to request that the “judgment be continued,” or to request that the court “continue judgment.”  While a PJC is an excellent result in many cases, it may not be the best result for all criminal or traffic cases.

Our experience has been that the effect of a PJC is highly misunderstood by most people, including lawyers or other legal professionals not experienced in traffic or criminal law.

The effect of a PJC for traffic violations is controlled by statutes and varies with the context in which it is considered.  A PJC may or may not avoid points, and the rules are different with respect to driver’s license points (or DMV points) or insurance points.   We have posted an article explaining more details about what a PJC is and how it may affect one’s record on our site, and a brief summary of how a PJC may affect insurance and DMV points for traffic violations.

Any time you are considering requesting a PJC, you should always consult with an experienced criminal or traffic lawyer.  If you have a pending court date for a criminal matter or traffic violation, call Attorney David Collins at Collins Law Firm for a consultation at 910-793-9000.

At Collins Law Firm, we have been practicing criminal and traffic law in Southeastern North Carolina for over a decade and David Collins has been licensed to practice law in both North Carolina and South Carolina since 1993.  The counties we cover for criminal and traffic matters include (County/Seat of Court): Brunswick County/Bolivia, NC; New Hanover County/Wilmington, NC; Pender County/Burgaw, NC; Columbus County/Whiteville, NC; Bladen County/Elizabethtown, NC; Sampson County/Clinton, NC; Duplin County/Kenansville, NC; and Onslow County/Jacksonville, NC.

Labor Day is over, school started back and it is almost fall. We hope everybody had a safe and enjoyable Labor Day weekend. There was heavy traffic in most parts of the country and if you happened to get a speeding ticket or traffic citation in Southeast North Carolina, Collins Law Firm can help.

In most cases, so long as you have a clean driving records for speeding tickets at non-excessively high speeds, we can avoid court appearances and points on both your insurance and DMV record. For people with violations already on their record, there are still ways in most cases that points can be avoided. In some cases the defendant may have to go to driving school and in some cases a Prayer for Judgement Continued (PJC) maybe used. However, PJC is a valuable option to dispose of a traffic charge which should only be used when necessary.

For example, if there are multiple members of a household and one person uses a PJC, if another person in the household gets a traffic citation within the next three years and receives a PJC, insurance points will assessed for that violation.

Collins Law Firm has been representing people charged with traffic citations, speeding tickets, and other criminal charges in Southeast North Carolina for over ten years and we will be happy to discuss your situation with you by phone at no charge if you receive a traffic citation. Call the Collins Law Firm at (910) 793-9000.

Hurricane Earl has passed our area, and thankfully without inflicting much serious damage to our area.

Now we are heading into a busy Labor Day weekend. The American Automobile Association (AAA) is predicting a 10% increase in travelers on the road this year over last year. They predict that about 34.4 million people are likely to take trips of at least 50 miles.

That means that everyone needs to take greater precautions and plan for heavier traffic and slower travel paces. Law enforcement is likely to be stepped up this weekend and many people will likely receive speeding tickets or other traffic citations, and there are likely to be more accidents on the road than on non-holiday weekends. There are also likely to be impaired drivers and boaters who will receive DWI/DUI’s and BWI/BUI’s (boating while impaired/under the influence).

Anyone who receives a ticket or other criminal charges, or who is involved in an accident can call Collins Law Firm for a consultation about what we can do to help. We have been serving Southeastern North Carolina around the Wilmington, NC area for over ten years, representing people charged with traffic tickets or other criminal charges and people injured in traffic accidents or crashes.

Please be safe and have a wonderful weekend!

Collins Law Firm