DUI checkpoints in North Carolina remain constitutional under a January 2026 Court of Appeals decision that clarifies how police must conduct sobriety checkpoints and license checkpoints. In North Carolina vs White (“State v. White”) the North Carolina Court of Appeals affirmed that a DWI checkpoint in Robeson County complied with both…
North Carolina law permits courts, in defined circumstances, to authorize limited driving during certain pretrial license revocations arising from impaired driving charges. That authority exists within the civil revocation framework and is governed by statute, not by the outcome of the criminal case. Whether a pretrial limited privilege is available…
In North Carolina, questions about “stand your ground” turn on how the law evaluates whether the use of force was legally justified. That evaluation depends on where an encounter occurs, how it begins, and the legal consequences that flow from those facts. 1. Location affects the legal starting point North…
As of 2026, the phrase “stand your ground” is the gateway term that most non-lawyers use when they are trying to understand North Carolina self-defense law. N.C.G.S. § 14-51.3 addresses when defensive force, including deadly force, may be used in a place where you have the lawful right to be…
In North Carolina, “stand your ground” is governed by a statutory use-of-force framework, including the castle doctrine under N.C.G.S. § 14-51.2 and the no-duty-to-retreat provisions in N.C.G.S. § 14-51.3. The castle doctrine law in NC operates through statutory definitions, mandatory presumptions, and burden shifting, not necessarily through the generalized reasonableness…
In the recent appellate decision of North Carolina v. Escalante (also cited as State v. Escalante), No. COA25-64, filed December 17, 2025, the North Carolina Court of Appeals examined whether the defendant had the legal right, known as standing, to challenge the legality of electronic surveillance used in his arrest.…
I’ve been thinking about Governor Jim Hunt since learning of his passing, and it pulled me back to a time in my life I had not revisited in years. It feels like a long time ago now. I was a student at NC State, somewhere around 1986 or 1987. I…
Claims that ketogenic diets can routinely cause false DUI readings have become staples of internet legal forums, social media explainers, and unsupervised biohacking communities lacking peer review or clinical validation, despite the absence of supporting forensic or toxicology data. The narrative usually follows a predictable formula. Ketosis produces acetone. Breath…
Search the phrase “per se DWI North Carolina,” and the results look deceptively confident. AI summaries and legal directories will tell you that if your blood test hits a certain number, a conviction is inevitable. It is not the language of the statute. It is not the language used to…
Miranda rights in North Carolina give real effect to the Fifth Amendment privilege against compelled self-incrimination. Miranda becomes relevant the moment law enforcement transitions from general investigation to custodial interrogation, limiting what officers may ask before warnings (the advisement of legal rights) are given and what statements prosecutors may later…
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