Every year, many people start off the New Year facing the consequences and expense of a DWI/DUI arrest.  Unfortunately, holiday festivities often even take a deadly turn when a person chooses to drink alcohol and then get behind the wheel.

In an effort to remove impaired drivers from the roads, State Transportation Secretary Gene Conti announced on December 2, 2011 that state and local law enforcement officers will be out in force as part of the Holiday “Booze It & Lose It” campaign.  Checkpoints and stepped-up patrols will be conducted through Monday, January 2, 2012 across North Carolina.  This means that an increased police presence is to be expected.

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

By Jana Collins, Office Manager

The Fourth of July celebration is commonly associated with fireworks, parades, hot dogs, picnics, and other parties.  Also, it is a day where many Americans will be consuming alcohol.

As North Carolinians across the state flock to the Southeastern North Carolina coast to celebrate the 4^th of July Weekend, the state has begun “Booze It & Lose It: Operation Firecracker” to deter drunk drivers across the entire state and remove impaired drivers from the roads.  Operation Firecracker began Monday, June 27, and continues through Monday, July 4.

Operation Firecracker is conducted by the North Carolina Department of Transportation and it coordinates the Highway Patrol, sheriff’s offices and police departments.  During this period there will be additional checkpoints and stepped up patrols that will be conducted across the state.

The Fourth of July holiday is considered one of the deadliest for highway travel.  In 2010, according to the North Carolina Department of Transportation, there were 205 alcohol-related automobile accidents during the Independence holiday, which resulted in six deaths.  Additionally, alcohol-related crashes also accounted for 105 injuries in the state during the same week last year.  During the 2010 “Booze It & Lose it: Operation Firecracker” campaign officers conducted more than 4,600 patrols and checkpoints, which resulted in more than 1,200 North Carolina motorists being charged with driving while impaired.

This means there will be an increased police presence at the beaches in Pender, New Hanover, and Brunswick Counties.  The beaches that will be affected will be Surf City, Topsail Beach, Wrightsville Beach, Kure Beach, Carolina Beach, Holden Beach, Ocean Isle Beach, and Sunset Beach.

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

It is prom season here in Southeastern North Carolina. Teenagers at high schools in New Hanover, Brunswick, and Pender Counties will soon be dancing the night away at their junior and senior proms in celebration of yet another school year coming to a close.  However, prom has become a time that some underage high school students are likely to excessively drink.  This has led to an increase in underage drinking charges, teenagers using fraudulent driver’s licenses, and DUI/DWI’s.  Additionally, underage individuals will attempt to have a family member or friend who is older than 21 purchase alcohol for them.  North Carolina is taking steps to make it more difficult for underage individuals to get their hands on alcohol, and has introduced a vertical driver’s license for anyone under the age of 21.  Moreover, North Carolina driver’s licenses have a hologram on them, which is a security feature that makes it more difficult to copy.  In a lot of cases underage drinkers try to get around that by obtaining fake IDs from out of state.

Before you consider drinking for your prom or buying alcohol for a friend it is important to know the laws of the State of North Carolina.  Convictions of the laws concerning the sale, possession, and consumption of alcoholic beverages outlined in N.C.G.S. Chapter 18B named “Regulation of Alcoholic Beverages,” will lead to a punishment of a class one (maximum of 120 days in jail) or class two misdemeanor (maximum of 60 days in jail).  Furthermore, it is possible that a conviction will lead to your driver’s license being revoked for one year.

N.C.G.S Chapter 18B states that it is unlawful for a person under the age of 21  to buy, attempt to buy, or to possess fortified wine, spirituous liquor, or mixed beverages. It is unlawful for a person under 21 to consume any alcoholic beverage.  If you are underage and you purchase alcohol for another person you shall be guilty of a Class 2 misdemeanor.  If you are over 21 and purchase alcohol for someone that is younger than 21 you can be guilty of a Class 1 misdemeanor.  Additionally it is unlawful to use a fraudulent or fake drivers license or other identification document to purchase alcoholic beverages.  Further, any person who permits the use of their driver’s license will be held accountable.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, does not necessarily mean you will be convicted.  Collins Law Firm has represented many people charged with violating the laws concerning the sale, possession, and consumption of alcohol.  In most cases, especially for first time offenders, we have been able to prevent convictions.  Presently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing a class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. When there is a solid defense, we normally are able to have the charges dismissed without our clients having to perform any volunteer service or complete classes.

If you have been charged with underage drinking, a DWI / DUI, or any other crime in or around Wilmington, NC in New Hanover County, Brunswick County (Bolivia, NC), or Pender County (Burgaw, NC) and need a lawyer or attorney to represent you call Collins Law Firm at: 910-793-9000 for a confidential consultation.

According to news reports, more than 200 people were cited for crimes or arrested during the 2011 North Carolina Azalea Festival.  WECT (the NBC television affiliate in Wilmington) cited Division of Alcohol Law Enforcement as the source of that report.  They said that the charges ranged from drug trafficking to underage drinking, fake identification (fake ID), and carrying concealed weapons without a permit.  The story stated that:  ALE states 269 charges were made on 218 people, including 17 fake identification violations, 53 charges of possession of alcoholic beverages by an underage person, 36 drug charges including trafficking in opium, and carrying a concealed weapon without a permit.  ALE also tested local businesses for selling alcohol to minors.  The WECT story also said that the NC Highway Patrol also conducted two DWI checkpoints during the Azalea Festival due to the large influx of tourists.  The story said that First Sgt. Troy Pope with Highway Patrol reported that a total of 68 people were cited for DWI, while 498 people were cited for other violations.
The Star News (the main news paper in Wilmington NC) reported that the N.C. Highway Patrol had arrested 68 people for driving while intoxicated (DWI / DUI) Saturday and Sunday morning at checkpoints, according to Sgt. Matt Hardee.  Sgt. Hardee said that “Booze It and Lose It” checkpoints were set up on Martin Luther King Drive and on U.S. 74/76.  According to the story, Sgt. Hardee also said that the arrests bring the total number of DWI arrests to over 2000 since January, 2010, and 276 in just this year in New Hanover and Brunswick counties.
When a law enforcement office arrests a person for DWI, there are legal procedures that must be followed, and if the requirements are not met, and if challenged, it can result in the acquittal (a finding of not guilty or a dismissal of the charge) of the accused.
We always counsel people against drunk driving, which is a very serious crime.  But if you have been accused of any crime, Collins Law Firm can help.  We are available 24/7 by appointment.  If you have been accused of a crime, call us for a consultation at:  910-793-9000.

This weekend, April 6-10, 2011, is the 64th Annual North Carolina Azalea Festival in Wilmington, NC, New Hanover County. The Festival is an annual celebration of Wilmington’s gardens and culture.  The festival covers five days of entertainment which includes: a parade, street fair, circus, concerts, pageantry, and all that is Southern. Beginning in 1948, the Festival has blossomed into an extended weekend celebration that attracts more than 250,000 people annually to the region including and surrounding New Hanover County, NC.
This year the festival includes a concert by the Avett Brothers!  The Avett Brothers is a folk rock band from Concord, North Carolina, comprised up of brothers Scott Avett and Seth Avett, who play the banjo and guitar respectively, and Bob Crawford who plays the stand-up bass.  When tickets went on sale for this show, they sold out within days.  The Avett brothers have quite a loyal following, and many people from around the Southeast will be coming to the Azalea Festival for the first time to see the show.
The Festival also includes the 127th annual Cole Bros. Circus of the Stars. The name refers to its dome interior which replicates a celestial nighttime sky. Billed as “the world’s largest circus under the big top,” the circus boasts costumed characters, acrobatics, death-defying stunts and an international cast of entertainers with their trained and exotic animals. However, the circus comes with some controversy.  According to bornfreeusa.org, the Cole Brothers Circus has failed to meet minimal federal standards for the care of animals used in exhibition as established in the Animal Welfare Act (AWA). The United States Department of Agriculture (USDA) has cited Cole Bros. Circus numerous times for failure to provide veterinary care, adequate shelter from the elements, and proper food and water, as well as failure to handle animals in a manner that prevents trauma and harm and ensures public safety.  In past years, protesters have greeted patrons at the entrance of the parking lots with pictures of animal cruelty related to the circus.  This year, the protesters will also likely be back.
While the Azalea Festival is a fun family friendly event, drinking alcohol is part of many of the events, and in the revelry many people will be charged with alcohol related crimes including open container, driving while impaired  or driving under the influence (DWI/DUI), fake i.d. or counterfeit identification, underage drinking, and aiding and abetting these and other crimes.
If you are charged with any type of crime in our area, call Collins Law Firm at 910-793-9000 for a consultation about what we can do for you. In many cases, we are able to negotiate with the charging officer and the district attorney’s office to have a defendant perform volunteer service in order to have the charges dismissed.  Sometimes, that volunteer service can be served on the beach picking up trash, and helping keep our beautiful beaches clean, including Wrightsville Beach, Carolina Beach, Topsail Beach, Wilmington Beach, and Kure Beach.

In North Carolina, laws concerning the sale, possession, and consumption of alcoholic beverages are contained in N.C.G.S. Chapter 18B entitled “Regulation of Alcoholic Beverages.” (§§ 18B-100 – 18B-1308) and (§§ 18B-300 – 18B-399).  Convictions for most violations of these provisions are subject to punishment for either a class one misdemeanor (punishable by a maximum of 120 days in jail) or a class two misdemeanor (punishable by a maximum of 60 days in jail).  Further, a conviction for a violation of 18B-302(c), (e), or (f) will result in the person’s NC drivers license being revoked for one year.  See N.C.G.S. § 20-17.3 entitled “Revocation for Underage Purchasers of Alcohol.”

Section 18B-302 provides that “the court shall file a conviction report with the Division of Motor Vehicles indicating the name of the person convicted and any other information requested by the Division if the person is convicted of any of the following: (1) A violation of subsection (e) or (f) of this section. (2) A violation of subsection (c) of this section. (3) A violation of subsection (b) of this section, if the violation occurred while the person was purchasing or attempting to purchase an alcoholic beverage. (4) A violation of subsection (a1) of this section. Upon receipt of a conviction report, the Division shall revoke the person’s license as required by G.S. 20-17.3.”

The relevant portions of the statutes prohibiting certain conduct are contained in § 18B-302 entitled “Sale to or purchase by underage persons,” which provide as follows:

(a) Sale. – It shall be unlawful for any person to: (1) Sell malt beverages or unfortified wine to anyone less than 21 years old; or (2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (a1) Give. – It shall be unlawful for any person to: (1) Give malt beverages or unfortified wine to anyone less than 21 years old; or (2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old. (b) Purchase, Possession, or Consumption. – It shall be unlawful for: (1) A person less than 21 years old to purchase, to attempt to purchase, or to possess malt beverages or unfortified wine; or (2) A person less than 21 years old to purchase, to attempt to purchase, or to possess fortified wine, spirituous liquor, or mixed beverages; or (3) A person less than 21 years old to consume any alcoholic beverage. (c) Aider and Abettor. (1) By Underage Person. – Any person who is under the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 2 misdemeanor. (2) By Person over Lawful Age. – Any person who is over the lawful age to purchase and who aids or abets another in violation of subsection (a), (a1), or (b) of this section shall be guilty of a Class 1 misdemeanor.  (e) Fraudulent Use of Identification. – It shall be unlawful for any person to enter or attempt to enter a place where alcoholic beverages are sold or consumed, or to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to obtain permission to purchase alcoholic beverages, in violation of subsection (b) of this section, by using or attempting to use any of the following: (1) A fraudulent or altered drivers license. (2) A fraudulent or altered identification document other than a drivers license. (3) A drivers license issued to another person. (4) An identification document other than a drivers license issued to another person. (5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section. (f) Allowing Use of Identification. – It shall be unlawful for any person to permit the use of the person’s drivers license or any other form of identification of any kind issued or given to the person by any other person who violates or attempts to violate subsection (b) of this section.

However, just because you have been charged with underage drinking or any violation of the NC alcohol laws, or any law, doesn’t necessarily mean you will be convicted.  Collins Law Firm has represented hundreds of people charged with violating the laws regarding the sale, possession, and consumption of alcohol since 1998, and in most cases, especially for first time offenders, we have been able to avoid convictions.  Currently, in most cases for first time offenders, even if there is no solid defense, we are able to negotiate an agreement with law enforcement officer and the district attorney’s office to have the charges dismissed after the defendant completes a certain number of hours of volunteer service, or completing an class about alcohol and the laws regarding alcohol, or other requirements, or a combination thereof. In most cases where there is a solid defense, we are able to have the charges dismissed without our clients having to perform any community service or complete classes.

If you have been charged with any crime in Southeastern North Carolina, in or around Wilmington NC in New Hanover County, Brunswick County, or Pender County, and need a lawyer or attorney to represent you, call us for a confidential consultation at:  910-793-9000.

The UNCW newspaper, theseahawk.org, recently reported that alcohol violations were up 50% and drug violations were up 23% over the previous year. Students should be aware that if they are convicted of an alcohol or drug offense such as possession of marijuana, underage drinking or possession of an open container, a criminal conviction could remain on their record for the rest of their life. However, there are ways to avoid a conviction and Collins Law Firm has avoided convictions in hundreds if not thousands of cases involving controlled substances or alcohol.

The article also reported that burglaries are down 47% from the previous year which is good news.

Collins Law Firm is located only one mile from the UNCW campus and offers student discounts so UNCW students should feel free to call (910) 793-9000 for a consultation regarding legal matters we handle.

For students, the summer is over and school is starting again. Many students will be starting college for the first time and it will be in a new environment with many challenges and temptations.

Underage drinking and use of controlled substances is common on most, if not all, college campuses.   For some law enforcement agencies, back to school means stepped-up enforcement of alcohol laws as well as general law enforcement.   This means that many students will be receiving criminal charges or citations for underage drinking or other related criminal activities including underage possession, underage consumption, and fake ID’s.   Some people do not consider these serious charges, but they are misdemeanor charges for which a conviction can mean a criminal record that can affect a person for the rest of their life with respect to getting jobs, renting apartments and otherwise.   Anyone charged with a crime should consult with an experienced criminal defense attorney.

Collins Law Firm regularly represents people who have been charged with alcohol law violations and other crimes such as possession of marijuana or other controlled substances.   In most cases for first time offenders, we are able to avoid a conviction, and court appearances are usually not necessary for defendants we represent on these type of charges.    However, in most cases, the defendant is required to perform a certain number of hours of volunteer service, or to participate in some type of educational program regarding alcohol and controlled substances, or both.

If you or someone you know has received a citation or criminal charge for an alcohol law violation or related charge, Collins Law Firm can help.  Call us at (910) 793-9000(910) 793-9000 for a free telephone consultation or make an appointment to come in for a consultation.