Voluntary intoxication occupies one of the narrowest spaces in North Carolina criminal law. It is not a general justification for unlawful conduct, nor is it a plea for
sympathy.
Instead, voluntary intoxication functions as a limited doctrine that may, under rare circumstances, negate the specific intent required for particular crimes.
The defense reflects a long-standing tension between moral accountability and the requirement that the State prove intent beyond a reasonable doubt.
Carolina Criminal Defense & DUI Lawyer Updates
a search warrant?
courts are perceived to go beyond interpreting the law and instead make policy choices that belong to the political branches.
law in decades. The opinion not only interprets N.C.G.S. § 15A-974 but also redefines how North Carolina courts understand the relationship between the Fourth Amendment and Article I, Section 20 of the North Carolina State Constitution.
criminal defense and DUI defense lawyers.
intimidation, and coercion, allowing judges to apply the law faithfully rather than bending to public opinion or private pressure.
shooting to law enforcement was admissible as substantive evidence, even when framed as a negotiation.