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Tag: legal

Legal Help at 3 a.m.

Legal help at 3 a.m.? Sure. With more than 40 years of experience and over 20,000 cases, you can trust Kelly & West to give you good, sound legal advice whenever and wherever you need it.

But if you aren’t ready to talk to us or if it’s after hours, you can still get help on our website. Here, you can find short videos explaining more about us and why you need may need strong legal counsel like us to see you through these situations.

We also offer a blog with the answers to things you care about such as what happens when you want to create a Will or what to do when you are in a car accident — real things that happen to real people in our community.

Want to chat? If you have a legal question at 3 in the morning feel free to try out our 24/7 live chat feature. Our online team can answer most of your general questions.

Fan of social? Follow us on Facebook, Google+, and LinkedIn.

And of course, we’re available the “old-fashioned” way — by phone during business hours: 910-893-8183

No matter how you want to learn more about your legal questions or talk to someone, we’re happy to hear from you. Contact us today. 

Fireworks: What’s Legal In North Carolina

Summertime in North Carolina means cookouts, swimming, and fireworks. Watching the bursts of color in the night sky is a family favorite, but not everyone is clear on what is and isn’t legal. People travel to visit loved ones from near and far, sometimes crossing state borders. With so many fireworks on sale near those borders, it’s important to know what’s legal here in North Carolina before lighting a fuse.

North Carolina’s Fireworks Rules

Illegal: Firecrackers, ground spinners, bottle rockets, Roman candles, and aerial fireworks (as a rule of thumb, any firework that explodes or physically leaves the ground)

Legal: Wire sparklers, snake and glow worms, smoke devices consisting of a tube or sphere that produce white or colored smoke, and trick noisemakers (including party poppers, string poppers, and snappers)

Age Restrictions: You must be 16 years of age or older to buy or use fireworks in North Carolina.

Penalties: Illegally using fireworks can be punishable by up to a $500 fine and up to six months of imprisonment.

Border States

The fireworks that are illegal in North Carolina are legal to use in both Georgia and South Carolina. But it is important to note that if you buy the fireworks in another state where they are legal and bring them into North Carolina, the fireworks are still illegal and you will face punishment for their use.

 Legal Action

Many fireworks injuries are caused by negligence. If you are injured by fireworks while watching a display put on by an organization, get medical attention first, then contact a personal injury lawyer. We also recommend contacting a lawyer if you are injured by fireworks you are using at home or while working. If the fireworks are illegal and you are hurt, you might still be entitled to help.

Safety First

Even fireworks deemed legal in North Carolina can cause injuries, so take care. In 2019, almost 150 people went to the emergency room for firework-related injuries. Twenty percent of those injuries were caused by firecrackers – legal fireworks in the state. 

Remember never to attempt to relight a “dud” firework. Wait 20 minutes and then soak it in a bucket of water to prevent it from going off unexpectedly. You can find more information on this, and other firework safety tips here.

Finally, don’t forget about your pets. Pets aren’t as usually excited about fireworks as humans and about a local fireworks display. Learn more about keeping your furry friends safe and happy.

5 Legal-Related Items to Organize in the New Year

Lawyers aren’t at the top of most people’s list of New Year’s resolutions. Instead, you’re making plans to do better, be better, or make a change. However, some of those changes may actually relate to our work for you — especially if your goal is to “get organized.” To help you get started, here is a list of 5 legal related-items to help you start the year off right.

1. Update your Will.

Chances are, something has changed since you last updated your Will. It might be your job, your family, your house or car. Many things change from year to year, and it’s critical to keep your Will updated. Having the latest information makes the probate process much easier for your family. As part of this process, you can also check on your power of attorney and healthcare directives in case your preferences have changed. Maybe you need to change the person listed as your executor or as your agent under your Power of Attorney. Contact us to get the latest information on file.

2. Update your passwords — and prepare in case you pass away suddenly.

Organizing your digital life is challenging. There are so many websites with logins and passwords! Most people have an average of 130 online accounts associated with their email address. And while it’s not secure, many people still reuse the same password across multiple websites. Whether it’s your bank account or your social media page, the new year is a perfect time to change your password. Plus, one big thing many people never think about: what happens to all those accounts when you pass away?

Try a password management tool such as Lastpass or something similar. Such tools can:2020, new year, organize

  • Help you track all your passwords, so you don’t have to remember them.
  • Help you generate secure passwords, unique to each site.
  • Enable you to share passwords with a trusted person. You decide whether he or she can see the password or only access the account.
  • Enable you to set up your partner, spouse, or loved one as an emergency person who can access your passwords if you pass away.

3. Update your asset list.

Do you have a list of everything you own in case of burglary, fire, or water damage? Most people don’t. Even if you’ve created a Will with a list of assets and how they should be distributed, that isn’t the same as having a full list for your insurance company. The easiest way to set this up is to take photos or videos of everything. We recommend Evernote, an app that lets you store photos. You can quickly take pictures and sort them in Evernote by room.

4. Get a safe deposit box for your vital documents.

A fireproof safe isn’t necessarily fireproof! We’ve heard from many people who thought their important papers were protected. But during a fire, the documents inside your safe might still suffer from heat damage. They become unreadable and, therefore, worthless. Safe deposit boxes at a bank are not expensive. They will give you a secure place to store passports, birth and death certificates, your marriage license, your Will, other estate planning documents, your Social Security card, and more. Don’t risk having to replace those items.

5. Check your insurance coverage. 

Speaking of insurance now is also an excellent time to check on your insurance coverage for your home, car, or other property. Make sure you have enough coverage and that you understand what is covered and what isn’t. For example, if your aging tree falls on your neighbor’s car, is that covered?

If you’re not sure about one of these legal-related items, or you need help updating your Will or organizing other legal documents, contact us today.

What’s the Difference Between a Suspended and Revoked License?

Drivers who get a few tickets or experience a car accident will soon learn about the North Carolina “points” system for a driver’s license. If you have multiple driving violations, you will begin to hear about either a license suspension or revocation. Both of these punishments occur due to reckless or irresponsible driving. But what’s the difference?

A suspended license means your driving privilege is temporarily withdrawn for a specific period. You may be able to get your license back after meeting certain terms.

A revoked license means your driving privilege is terminated. You can only get it back if you meet eligibility requirements and any conditions or terms set forth in a hearing with the N.C. Division of Motor Vehicles.

The primary difference between these situations is that a suspended license is temporary, and a revoked license is indefinite or even permanent. That’s why a revoked license is a more pressing punishment than a suspension.

Types of Suspensions

There are two types of suspensions: indefinite and definite. A definite suspension has a set end date, while an indefinite suspension includes a list of actions one must pursue to obtain driving privileges again.

Here is the breakdown of the two:

Suspended License

The act of suspension derives from incautious driving and each offense generates points onto one’s license. North Carolina applies points to a driver’s license with the following guideline:

  • First suspension: 60 days
  • Second suspension: six months
  • Third suspension: one year

If a driver’s points accrue to 12 points in three years, then a suspension may be followed. The following are examples of violations and the number of points added:

  1. Passing a stopped school bus – five points
  2. Not stopping for a siren – three points
  3. Driving on the wrong side of the road – four points
  4. Not stopping at a stop sign – three points
  5. Driving through a red light – three points

What to Know about a Revoked License

If you keep up the behaviors that lead to a license suspension, you have a good chance at getting your license revoked. You might also get your license revoked if you are convicted of multiple DUI’s and numerous acts of drag racing or reckless driving.

If you are notified that your license will be revoked, talk to a traffic ticket lawyer about your options. Going to court and speaking to a judge may give you a chance to drive again — eventually. You may face charges, assigned courses, and specific demands. Please note: If a person with a revoked license drives, he or she can face jail time or hefty fines.

Are you facing a suspension or revocation of your license? Contact our team for advice and help.