DWI / Traffic Matters
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Collins Law Firm represents people charged with
a wide range of traffic matters from simple speeding tickets to serious
felony charges. In
many cases we are able to avoid the necessity of our clients appearing
in court and we help eliminate or mitigate the negative consequences
of citations or charges.
As with all criminal charges, convictions for traffic
violations have a cumulative effect and multiple convictions can
have serious adverse
consequences. When we represent people charged with traffic violations,
we will analyze the defendants record and attempt to get the best possible
result available. In many cases we have been able to have charges
dismissed all together. When that is not possible, we are prepared
to go to trial or negotiate plea arrangements which will result in
the least negative impact on our client.
Also, in many instances where people have represented themselves and
the result was that they lost their license or their insurance premiums
increased dramatically, by way of a Motion for Appropriate Relief,
we have been able to go back and vacate the prior judgment and help
our clients have their suspended licenses reinstated.
For most traffic matters, Collins Law Firm offers a free initial telephone
consultation or we usually have appointments available immediately
if you would like to come to our office to meet with a member of our
staff.
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Probation Violations
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If a defendant is convicted of a crime, the judge may impose a suspended
sentence and place the defendant on probation. Probation can be either
supervised or unsupervised. Under supervised probation, a defendant
will be required to periodically meet with a probation officer. Other
requirements are usually imposed as well such as community service,
payment of fines and restitution, submit to drug screens, violate no
laws, as well as a wide variety of additional requirements. If a defendant
violates the terms of probation, they may be required to appear before
a judge who may impose the previously suspended active sentence and
require the defendant be incarcerated for the previously determined
time period. Defendants who are being brought before the court on a
probation violation are entitled to have an attorney represent them.
Often, an attorney may be able to negotiate with the probation officer,
and present information or evidence to the court to help effectuate
the defendant's wishes.
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Felonies and Misdemeanors
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In North Carolina as in most states, crimes are divided into two categories—misdemeanors
and felonies. More serious crimes are categorized as felonies and less
serious crimes are categorized as misdemeanors. On October 1, 1994,
North Carolina implemented the structured sentencing laws. This legislation
set up specific guidelines within which judges must sentence defendants.
The sentences are determined pursuant to a grid which takes into account
the defendant's prior record level and the classification of the crime.
There are two different grids—one for misdemeanors and one for felonies.
In North Carolina, misdemeanors are divided into one of four classes
ranging from the least serious Class 3 to the most serious, Class A-1.
Class three misdemeanors carry a maximum active sentence of twenty
days and Class A-1 misdemeanors carry a maximum active sentence of
150 days of incarceration. For misdemeanors, the defendants prior record
level is divided into three categories which are: level 1, no prior
convictions; level 2, one to four prior convictions and; level 3, five
or more prior convictions.
The sentencing grid for felonies is more extensive.
Felonies are categorized in classes ranging from Class I, which is
the least serious, carrying
a maximum punishment of 15 months in prison, and the most serious crimes
are classified as Class A which carries a maximum sentence of death
or life without parole. The prior record level for felonies will range
from a record level 1 which is for a defendant with 0 points to at
the most serious prior record level which is Level 6, which is the
level for defendant's with 19 or more "points." The points
for determining the record level under felony sentencing is determined
by a set of rules where prior convictions for misdemeanors carry one
point each and felony convictions carry two points for the least serious
felonies and up to ten points for the most serious felonies.
Within the structured sentencing guidelines, there is room for the
judge to impose a wide variety of conditions and the range of punishment
within the guidelines is for the judge to decide based upon many factors
including specific aggravating or mitigating factors. If you have been
charged with a crime—either a misdemeanor or a felony—you should immediately
consult with an attorney and not discuss your matter with anyone except
for your attorney until and if your attorney advises you otherwise.
There are many things that can be done which will either help or hurt
your particular case and your attorney can help you minimize the negative
impact you will ultimately suffer as a result of a criminal charge.
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Drug and Alcohol Offenses
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Drug and alcohol offenses may have specific laws which address additional
consequences you may suffer in addition to the conviction. In many
cases, depending on the charge and your age, drug and alcohol offenses
may affect your drivers license. Also, there are special provisions
within the law which allow for conditional dismissal of drug and alcohol
offenses for first time offenders. Regardless of the type of crime
with which you are charged, you should immediately consult with an
attorney before discussing the matter with anyone else.
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Personal Injury
Automobile Accidents
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In North Carolina as in most states, drivers
of automobiles are required to have liability insurance. If a person
is injured by the driver of an automobile in North Carolina they may
be entitled to compensation.
Even if the driver of the car who injured you had no insurance, you
still may be able to recover under your own policy so long as you have
uninsured coverage. In North Carolina, we are one of the few states
which still applies the "contributory negligence" doctrine.
Under this doctrine, if it is determined by a judge or jury that the
plaintiff was even 1% at fault, they may be barred from recovering
anything. The laws and regulations related to insurance are complex,
and if you are injured in an accident involving an automobile you should
contact a knowledgeable and experienced attorney immediately to assist
you with your matter.
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Wrongful Death
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In NC, as in most states, when a person is killed
as an approximate result of a person or corporation’s negligence,
or other misconduct,
the personal representative of the decedent's estate can bring an action
for compensation. NC’s wrongful death statute is enumerated in N.C.G.S.
section 28A-18. The damages which can be recovered include compensation
for the pain and suffering of the decedent, expenses for medical care
as a result of the injury, funeral expenses, and the net present value
of the decedent to the persons entitled to recover for damages including
but not limited to the net income of the decedent, services, protection,
care and assistance of the decedent, in society, companionship, comfort,
etc. Also, in certain cases, punitive damages can be recovered. For
instance if a death is caused by malice or willful or wanton conduct
on behalf of the defendant.
While it is difficult to imagine trying to place
a dollar value on a person’s life, after an individual has been killed,
the only remedy
under the law is recovery of monetary damages. If a settlement
cannot be reached, it is ultimately up to a jury to have the responsibility
to place a dollar value on the decedent’s life.
There are specific procedural requirements which
must be met before an action for a wrongful death can be brought. They
can get complicated and anyone with a potential wrongful death claim
should consult with
an attorney immediately to discuss the potential of bringing an action.
The beneficiaries of a wrongful death action are
the decedent’s survivors. Beneficiaries
are determined by the in testate succession act. A decedent’s
will is not controlling with respect to the proceedings of a wrongful
death action.
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Workers Compensation
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In NC, as in most states, a person injured on the
job is entitled to compensation under the NC’s workers compensation
act. However,
many times the workers eligibility can be questioned and the amount
of compensation can be questioned. If a worker is injured on the job,
they should immediately notify their employer and seek appropriate
medical attention. With some exceptions, no recovery may be made
unless written notice is given to the employer within 30 days of the
occurrence of the accident or death
While in some cases it may not be necessary to retain the services
of an attorney, because of the complexity of the laws and potential
pitfalls, it is always a good idea to consult with an attorney practicing
in the area of worker’s compensation.
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Civil Litigation
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Collins Law Firm has successfully represented
businesses and individuals as both plaintiffs and defendants in civil
law suits. If there is a claim against you or if you have a claim
against someone else, Collins Law Firm can help you resolve your
disputes. Fees and terms vary upon the circumstances of the litigation
so contact us to schedule an appointment to discuss your particular
situation.
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Special Forms
and Articles
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Forms and Articles
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on the right, next to the new Dunkin' Donuts and near Bert's Surf Shop,
one mile from Cape Fear Hospital.