The NC DWI Guy: Recent Episodes
James "Jake" Minick
A show for criminal defense lawyers and law firm owners. We discuss the strategy and tactics of handling DWI / DUI cases and the marketing practices that can revolutionize your law practice. If you are ready to take your DWI practice to the next level in both the courtroom and the marketplace, this show is for you.
On today’s episode Jake continues a 4-part series on marketing with a stellar lineup of guests. Today’s guest Anna Cates Williams of Cedar Grove Law discusses current trends in legal advertising and website design, finding your voice in the legal marketplace, and a game plan for finding time to develop your law firm’s marketing. Whether you are trying to improve the effectiveness of your Google LSAs or discover efficiencies to improve your intake process and client capture rate, Anna’s incredible wisdom will provide you with immediate steps to improve your legal marketing. Have pen and paper ready for this episode so you don’t miss any golden nuggets!
On today’s episode Jake begins a 4-part series on marketing with a stellar lineup of guests. Kicking it off, Uli Seusterof How to Manage a Small Law Firm joins the show to discuss referral-based marketing. Uli’s tips for generating referral relationships and cases are practical and time tested. If you think that referral marketing is how established law firms build their client base at no cost, then you are wrong on all counts. Learn why Uli thinks that most lawyers do not budget enough time or money to build referral relationships and how to use your referral network to generate more work than you can handle.
Fresh on the heels of discussing the power of creating a resilient community, Jake shares part of a recent meeting of the Freedom Fighters Mastermind Group. During the meeting, Jake outlined the origination of the Freedom Fighters Book Club and how this group has evolved into a more intentional business development meeting of likeminded law firm owners. If you are interested in joining the Freedom Fighters Mastermind Group, reach out to Jake to learn more.
On this week’s episode, Jake concludes his four-part Endurance series by discussing the power of creating a resilient community. If you want to be able to face difficult challenges, you need the right people in your corner when the time to stand up and fight comes. Jake offers 5 tips for building a resilient team that can thrive in the face of adversity. If you want the blueprint for a winning culture and a plan for attracting and training warriors, turn up the volume on the dial and dive in!
On this week’s episode, Jake continues a four-part Endurance series on becoming a better endurance professional by doing hard things. In this episode, Jake reflects on lessons from his recent experience of running the Grindstone 100 ultramarathon. Jake applies the lessons taught while “grinding” to business, the practice of law and life.
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The hardest thing that’s ever happened to you is the hardest thing that’s ever happened to you. Put your difficult circumstances into perspective.
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Level up the competition. Look for a group of worthy rivals.
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Belief precedes ability. If you plan to accomplish big goals, your confidence in achievement must come before you realize the dream.
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2-point conversion for the W versus kicking the extra point to tie. If you want to win, there are times that you need to take calculated risks in order to achieve victory.
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Don’t overbook yourself or your team. If you have a monumental task, don’t go into it physically taxed or mentally burnt out.
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The power of positivity. Speak life into your mind and into the world.
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The power of prayer. Gratitude and a focus on others in times of trial is a recipe for success.
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Keep moving forward. If you are stuck in a difficult situation, the way out is movement. If you stay where you are your circumstances will not improve.
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Relish the gnarly. If you go searching for a challenge, be prepared for the moment when you have your back against the proverbial wall.
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Soak in beautiful moments. Don’t miss out on the beauty that life has to offer because you are focused on the pain.
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Bonus: Develop a championship routine. “You shouldn’t wait until you’re a champion to act like one.” – Sally McRae
On this week’s episode, Jake continues a four-part Endurance series by focusing on becoming a better endurance professional through the study of tough people. Jake does a deep dive on the leadership and business lessons that can be learned through the unbelievable story of Ernest Shackelton as told in Alfred Lansing’s bestselling book Endurance. If you want to see the human spirit at its finest, you must find stories of the best leaders in the most difficult and desperate of circumstances.
Fortitudine Vincimus. This Latin phrase is the family motto of Ernest Shackleton translated as “by endurance we conquer.” As his family, friends, and team in Western North Carolina deal with the unbelievable damage caused by Hurricane Helene, Jake launches this four-part series on building the discipline of endurance to surviving trying times and step up in moments of extreme adversity. As William Barclay once said “Endurance is not just the ability to bear a hard thing, but to turn it into glory.”
Criminal defense lawyers are professional storm chasers. We seek out anxiety provoking situations. If all were well in our clients’ lives they would not be calling us. “Trial” is the culmination of our profession. But we are often poor emergency responders when it comes to putting out fires or dealing with stormy situations in our own law practices. In this episode, Jake gives you the playbook for quelling the current and future storms that seek to destroy your law firm. Put on your rain gear and hunker down for this week’s episode!
Adventure! On today’s episode Jake discuss responding to the call to adventure in your personal and professional life. C.S. Lewis wrote in The Lion, the Witch, and the Wardrobe that “some journeys take us far from home. Some adventures lead us to our destiny.” The most fulfilling lives and law practices are lived and built by individuals who accept the call to embark on a journey of discomfort and suffering in pursuit of something bigger than themselves. Get ready to trailblaze with Jake!
On today’s episode, Jake talks shop with Los Angeles criminal defense attorney, R.J. Dreiling. After 15 years of prosecuting crime, including a number of high-profile cases, R.J. decided to start his own defense firm less than 2 year ago. Listen as R.J. explains why he is so passionate about delivering the best possible outcome for his clients. Jake and R.J. also discuss the importance of finding the work you love doing within your firm. If you are looking to hang your shingle and want to get your practice set on the right footing, don’t miss out on today’s episode!
On today’s episode, Jake talks shop with Utah criminal defense attorney, Josh Baron. Josh literally wrote the book on The Business of Criminal Law and shares how to build a practice fueled by referrals while also enjoying life as a criminal defense attorney. If you love the intersection of business and criminal defense, Josh is your kind of lawyer and this episode is for you!
On today’s episode, Jake discusses the Rule-Out Method for framing your criminal trial with Charlotte criminal defense attorney Justin Olsinski. Justin is a passionate advocate who knew from the moment he entered law school that he wanted to be a criminal defense attorney. Listen to Justin share how he has used the principles of David Ball’s The Rule-Out Method of Criminal Defense to help juries understand and apply reasonable doubt in a criminal case. If you handle trial work in Superior Court, this episode is a must listen!
On today’s episode, Jake looks at some of the major changes that have occurred in the legal marketplace since he began practicing 15 years ago to predict some of the major changes coming to the legal landscape. If you are looking to build a practice designed to thrive during the next decade this episode is for you!
Highlights:
· Discover how YouTube and Google Reviews have put a premium on client experience.
· Uncover the necessity of technological education for all legal professionals and the need to include people in your circle who will keep you on the cutting edge of technology.
· Learn how non-lawyer firm ownership is already changing the game in states that still allow only attorneys to own a law firm.
On today’s episode, Warren Hynson shares best practices for trial lawyers to preserve issues for appeal. Warren’s law firm, Hynson Law, exclusively handles criminal appeals and post-conviction relief issues across the State of North Carolina. If you want to be a better trial lawyer and have a better understanding of how a conviction can be overturned, don’t miss out on Warren’s advice on this week’s episode!
Highlights:
· Understand the simple steps for a Defendant to perfect an appeal following a guilty plea or trial.
· Hear Warren’s suggestions for discussing appeal options with your client.
· Uncover the most common mistakes that Warren sees trial counsel make in criminal cases and how to avoid them.
· Learn the various types of post-conviction relief available and when each should be utilized.
On today’s episode, Jake discusses the importance of finding a Worthy Rival in the courtroom and in business. This concept is based on a chapter from Simon Sinek’s The Infinite Game, the July book of the month for the Freedom Fighters Book Club. If you want to take your trial skills and business acumen to the next level, go find and learn from a worthy rival.
On today’s episode Jake reviews the landmark U.S. Supreme Court case of Smith v. Arizona. This 9-0 decision provides clarity on the Sixth Amendment’s Confrontation Clause violations that occur when the state tries to substitute a lab analyst at trial who did not herself test the substances or blood at the lab. Don’t miss the big implications this opinion has on your blood draw DWI case!
On today’s episode of the podcast Jake looks back at the most influential North Carolina DWI cases of the past year. Abstracts of the cases are found below.
CHECKPOINTS
State v. Alvarez, 894 S.E.2d 737, No. 278PA21 (N.C. 2023)
Facts: Rowan County Sheriff’s Office set up a checkpoint. The checkpoint was purportedly in response to a high-speed fatality accident that had occurred at that location two days earlier. No officers on scene were checking speeding. Defendant’s passenger side wheels came off the road and onto the grass prior to stopping at the checkpoint. One of the officers on scene testified that this behavior led him to believe the Defendant might be driving while impaired.
Procedural History: Both the trial court (superior court) and the Court of Appeals (State v. Alvarez, 860 S.E.2d 45, 2021-NCCOA-375 (2021) (unpublished) found the checkpoint did not have a proper primary programmatic purpose. The Court of Appeals appears to call into question a checkpoint set up for “all chapter 20 violations” as possible general crime control.
Holding: The Supreme Court reversed the Court of Appeals finding that there was reasonable suspicion to stop the vehicle due to the lane violation but did not address the findings of the Court of Appeals regarding the Constitutionality of the checkpoint. Use the Court of Appeals opinion to attack a checkpoint based on the lack of a proper primary programmatic purpose.
REASONABLE SUSPICION
Sate v. Peak, 892 S.E.2d 925, No. COA23-312 (N.C. App. 2023) (unpublished)
Facts: Stopping officer was highly specialized in DWI investigations. Defendant delayed for 10-seconds at a traffic light after it turned green. There were two open bars within a quarter mile radius of the stop location. Defendant crossed over the yellow lines with both left tires into the opposite lane of travel. Defendant was travelling at one to two miles per hour.
Holding: Reasonable suspicion existed to stop Defendant.
PROBABLE CAUSE
State v. Woolard, 894 S.E.2d 717, No. 208PA22 (N.C. 2023)
Facts: Officer saw Defendant cross centerline six or seven times. Officer active blue lights and Defendant quickly stopped his vehicle. Upon initial approach, Defendant “seemed normal” to the officer. After asking about the driving, Defendant told the officer that there were bees in his truck that he was trying to get out. As they spoke, the officer noticed an odor of alcohol, flushed cheeks, and red and glassy eyes. Defendant seemed coherent to the officer. Defendant admitted to having “a couple beers earlier.” Officer administered two PBTs, but these were excluded from consideration because they were not performed correctly. Officer also administered the HGN test, during which he saw six of six clues. Officer placed Defendant under arrest for DWI.
Procedural History: Defendant was granted a preliminary indication that no PC existed in District Court. The State appealed to Superior Court where the Defendant again prevailed and the case was sent back to District Court for a final order granting suppression. After the District Court entered its final order the State filed a petition for writ of certiorari to the Court of Appeals which was denied. The State then filed a petition for writ of certiorari to the North Carolina Supreme Court which was granted. There was no transcript of District Court proceedings or record on appeal for the Supreme Court to review.
Holding: The Supreme Court found it had discretionary authority to rule on the merits of the case and found probable cause.
EXPERT TESTIMONY
State v. Williams, 891 S.E.2d 499, No. COA22-1015 (N.C. App. 2023) (unpublished).
Holding: It was not error for the trial court to allow a DRE to offer testimony about a DWI investigation that the DRE was not involved in, when the DRE stated that she could not testify (i.e. give an opinion) as to whether the Defendant was impaired.
Practice Tip: This case is from Buncombe County, where the State routinely calls a DRE that has not done a real time DRE evaluation in a particular case to give after-the-fact analysis and opinion at trial. Here’s the beef: There is no opinion being offered by investigating officers [State v. Lewis, 2022-NCCOA-887 (2022)] or by the DRE that the Defendant is impaired. Point out that no officer involved in the investigation or brought in as an expert to bolster the State’s case can give an opinion of drug impairment.
BREATH TEST
State v. Forney, No. COA23-338 (N.C. App. 2024)
Facts: During chemical breath testing, the officer noticed Defendant had gum in his mouth, and had Defendant spit out the gum between the first and second breath tests, both of which resulted in a .11 BAC. The chemical analyst did not restart the observation period or seek an additional breath test. Both the State and the Defendant had experts testify at trial on whether breath testing might be impacted by foreign objects in the mouth.
Burden of Proof: The Court noted that as the proponent of the breath test evidence in an impaired driving case, the State bears the burden of proving compliance with the “observation period” requirement set out in N.C. Gen. Stat. 20-139.1.
Holding: The provisions of the Department of Health and Human Services requiring an observation period by the chemical analyst were violated in this case and a new fifteen-minute observation period should have occurred after the Defendant spat the gum out of his mouth before taking breath samples. The results of the breath test should have been suppressed, but the Court concluded that in this case the admission of the BAC results was harmless error.
Practice Tip: The Court in dicta noted “the Intoximeter estimates alcohol in the blood (BAC) based on a measurement of alcohol in the breath—a ratio which in reality varies amongst different people—by using a single specific ratio to standardize the testing of all subjects.” If you are using Henry’s Law to characterize the breath result as an estimate in a .08+ case, you can read this language to give credence to your argument.
BLOOD DRAW
State v. Burris, 289 N.C. App. 535, 890 S.E.2d 539, No. COA22-408 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Relevant Facts: Single vehicle accident. Officer found Defendant lying trapped under a steel fence outside of a vehicle that had sustained extensive damage. The Defendant was unresponsive and bleeding excessively. The officer noted that Defendant smelled of alcohol and found beer cans both inside and outside the vehicle. The Defendant was taken to the hospital, still unconscious. The officer obtained a warrantless search of Defendant’s blood while Defendant was unconscious.
Holding: Based on Mitchell v. Wisconsin, 588 U.S. ___, 139 S. Ct. 2525 (2019) the Court of Appeals found that exigent circumstances almost always exist to conduct a warrantless blood draw from an unconscious driver. This opinion is at odds with State v. Romano, 369 N.C. 678, 800 S.E.2d 644, No. 199PA16 (2017). Both Romano and Burris were in Buncombe County.
Practice Tip: Use the Court’s findings in Romano to craft your explanation as to why exigent circumstances do not exist in your case. Also, look at Judge Tyson’s scathing dissent in Burris.
State v. Russell, 891 S.E.2d 502, No. COA22-1059 (2023) (unpublished)
Holding: The Confrontation Clause is not violated where a substitute expert from the SBI testifies (and is subject to cross-examination) using another SBI agent’s previously generated report, which otherwise may be inadmissible, in forming an independent expert opinion.
SUFFICIENCY OF EVIDENCE
State v. Burris, 289 N.C. App. 535, 890 S.E.2d 539, No. COA22-408 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Relevant Facts: Single vehicle accident. Officer found Defendant lying trapped under a steel fence outside of a vehicle that had sustained extensive damage. The Defendant was unresponsive and bleeding excessively. The officer noted that Defendant smelled of alcohol and found beer cans both inside and outside the vehicle. The Defendant was taken to the hospital, still unconscious. The officer determined that the Defendant was the owner of the vehicle and found no evidence of any other occupant.
Holding: The State presented sufficient evidence of driving to survive a motion to dismiss. Moreover, the officer describing the Defendant at trial as “the driver” without personally observing the same was admitted without error due to the Court giving a curative instruction.
Practice Tip: Distinguish the facts of Burris and use State v. Ray, 54 N.C. App. 473, 283 S.E.2d 823 (1981), State v. Eldred, 815 S.E.2d 742, No. COA17-795 (2018), and State v. Kraft, No. COA18-330 (2018) (unpublished) to argue for lack of sufficiency of the evidence in your case.
State v. Jones, 894 S.E.2d 290, No. COA23-254 (2023) (unpublished)
Facts: Defendant admitted to being in a minor traffic accident. During the accident investigation, the investigating officer noticed an odor of alcohol in Defendant’s car (where he was sitting), slurred speech, and Defendant admitted to drinking. Defendant blew positive on a PBT, showed six of six clues on HGN, and refused chemical testing after arrest.
Holding: In the light most favorable to the State, the State introduced substantial evidence that could prove Defendant was appreciably impaired and the trial court did not err in denying the Defendant’s motion to dismiss at the close of the State’s evidence.
PRE-TRIAL RELEASE & KNOLL
Pretrial Integrity Act – This act, in part, limits the authority of a magistrate judge to set conditions of pre-trial release for a person charged with DWI if the offense occurs while the defendant was on pretrial release for another pending proceeding. Only a district court judge has the authority to set the conditions of pretrial release for the first 48 hours following the defendant coming into custody for an alleged DWI offense if the defendant was on pre-trial release at the time of the newly alleged DWI.
Practice Tip: This new release procedure is hard to square with State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988). Consider these concluding statements to the Supreme Court’s decision in Knoll: “Each defendant's confinement in jail indeed came during the crucial period in which he could have gathered evidence in his behalf by having friends and family observe him and form opinions as to his condition following arrest. This opportunity to gather evidence and to prepare a case in his own defense was lost to each defendant as a direct result of a lack of information during processing as to numerous important rights and because of the commitment to jail. The lost opportunities, in all three cases, to secure independent proof of sobriety, and the lost chance, in one of the cases, to secure a second test for blood alcohol content constitute prejudice to the defendants in these cases. That the deprivations occurred through the inadvertence rather than the wrongful purpose of the magistrate renders them no less prejudicial.” (emphasis added)
State v. C.K.D., 895 S.E.2d 923, No. COA23-204 (2023) (unpublished)
Note: Case is currently pending appeal to the N.C. Supreme Court.
Facts: Defendant was arrested a registered a .17 BAC. Defendant was transported to the Iredell County Magistrate’s Office where the magistrate set a $2,500.00 unsecured bond and detained defendant until he was sober or a sober responsible adult was willing to assume responsibility. The magistrate filled out a detention of impaired driving form and found “by clear and convincing evidence” that Defendant’s condition of “BAC .17, Red Glassy Eyes, Slurred Speech, Odor of Alcohol” presented a danger “of physical injury to the defendant or others or damage to property” if he were released. Defendant declined to use a phone to call his wife because he did not want to wake her, or their young children. He also checked the box indicating “I do not wish to contact anyone for the purposes of observing me at the jail or administering an additional chemical analysis.” Defendant asked officers if he could call a cab to take him home and that he had funds to pay for a cab. Defendant testified that he could be home in approximately 25 minutes if he had been allowed to take a cab home. Defendant remained in Iredell County Jail for approximately 11 hours prior to his release. During this time he was checked twice by jail staff and told he would be released when he blew a .00.
Holding: The trial court did not err in dismissing the DWI charge against Defendant based on State v. Knoll, 322 N.C. 535, 369 S.E.2d 558 (1988). “Even if defendant waived his right to have someone observe him at the jail, he did not waive his right to have friends or family observe his condition outside the jail, which is what would have occurred had he been permitted to call a taxi and return home to his wife.”
Note: The Court ruled that the magistrate’s findings of “BAC .17, Red Glassy Eyes, Slurred Speech, Odor of Alcohol” were not sufficient to support a conclusion that Defendant was a threat and should not have been released.
PLEA AND SENTENCING
State v. Harper, 894 S.E.2d 798, No. COA23-206 (N.C. App. 2023)
Holding: The trial court erred by failing to arrest judgment on Defendant’s conviction for DWI, as it is a lesser-included offense of serious injury by vehicle for which Defendant was also convicted.
State v. Smith, No. COA22-621 (2024) (unpublished)
Procedural Posture: Defendant brought what the Court interpreted as the functional equivalent of a post-sentencing MAR due in part to her attorney not advising her of the collateral consequences on her out-of-state driver’s license.
Holding: The Court rejected the Defendant’s attempt to analogize her attorney’s lack of explanation regarding the collateral consequences of her license to the immigration collateral consequences addressed by Padilla v. Kentucky, 559 U.S. 356, 130 S. Ct. 1473 (2010).
Practice Tip: For any client with an out of state driver’s license refer them to an attorney in the client’s home state to discuss licensing consequences. Consider using the National College of DUI Defense Member Directory.
On today’s episode, Jake resumes the Warriors on the Battlefield Series with the highly entertaining Lex-Jordan Ibegbu. Jordan has built a truly amazing criminal defense practice through a combination of hard work, networking, and showcasing his individuality (i.e. brand). Don’t miss Jordan’s engaging tips for launching your law firm to new heights!
Highlights:
· Discover how to make your brand to be unique and memorable.
· Listen to Jordan explain how he attacks appreciable impairment at trial.
· Learn how to build your client base through networking.
· Uncover why Jordan believes that he has to consistently deliver better than expected results for his clients.
On today’s episode, Jake shares a reflection on the greeting he beings every episode with. If you are a criminal defense lawyer in need of a pep talk about the importance of your work and want to discover what it means to be a true Freedom Fighter, this episode is for you.
On today’s episode, Jake reflects on why most networking opportunities are a waste of time and how to separate the wheat from the chaff when it comes to identifying a worthwhile event to attend.
Highlights:
· See the mistake that event organizers make when they fail to attract a niche audience.
· Discover the limitation of passing out your business card at a networking event.
· Find out why big conferences make it hard to initiate a long-term referral relationship.
· Uncover the reason that you have difficulty speaking with another firm’s decision maker at a legal conference.
· Learn the importance of a give versus ask mentality when mingling with other professionals.
On today’s episode I have the great blessing to sit down and talk shop with my law partner Gint Krulikas. Gint is an absolute beast when it comes to getting things done. His methodical approach to managing cases and client follow up has been the model for the client experience we strive to deliver. If you want to grow your law firm then listen in and take notes!
Highlights:
· Learn how Gint built two of our most successful offices from nothing.
· Discover how Gint organizes his high-octane schedule to maximize knocking out tasks.
· Uncover some of the biggest culture improvements at the firm that Gint has observed and been part of since he began working as an intern over a decade ago.
· Listen as Gint describes his day-to-day life in the early days of practicing as a lawyer as he was tasked with opening a practice in a completely new market.
On today’s episode Jake sits down with former drug recognition expert Marco Aureliano, who sheds light on some of the key mistakes that field officers and DREs make during a drug impaired driving investigation. Marco has recently founded KGM Logistics, offering expert witness testimony and training in DUI cases. If you want to take your drug impaired driving defense to the next level, don’t miss this conversation!
Highlights:
· Discover some of the attack points when the State utilizes a DRE at trial that did not do an evaluation of the Defendant at the time of arrest.
· Uncover the information contained in DRE log reports and why this information can be helpful in defending a DWI.
· Learn some of the best practices that Marco suggests for officers and DREs investigating a potential drug impaired driver.
On today’s episode Jake is rejoined by Allison Williams of the Law Firm Mentor who was on the podcast back on Episode 131. In today’s episode Allison walks extensively through the process for hiring and training members of your intake team. If you are contemplating hiring someone to answer phones at your office or looking to help your current receptionist/intake team become more efficient at what they do, this episode is a must listen for you (and your team)!
On today’s episode, Jake reflects on the productivity he experienced during several quiet days at the office. Most criminal defense lawyers in district court are used to jumping from one courtroom to the next, calling a client back, making a jail visit, watching hours of body camera, and then figuring out how to get the phone to ring more (which is odd because you already don’t have time to answer). Because you have so many to-dos on your list, you trick yourself into believing you are accomplished multi-taskers. If you want to learn 10 easy ways to become more productive, this episode is for you!
On today’s episode, Jake looks at an issue he experienced during the early days of practice: how to find a measuring stick for success. As Jake was building his law firm in the early days the main gage of success was to look at how other lawyers in criminal defense in Western North Carolina doing it. How do they dress? How many cases do they have on the docket? How does their website look? In today’s episode, Jake discusses why these external markers of success are not the true measuring stick for comparing your firm with the competition.
Highlights:
· Discover how to find the secret sauce of another law firm (spoiler: the secret sauce is made up of hundreds of ingredients aged over many years).
· Learn why you can’t get a good measuring stick of success based on the external success indicators of your competition.
· Find out why getting a behind the scenes look at another firm is so important for your growth.
On today’s episode, Jake is joined by his friend Steven Thomas as we continue the Warriors on the Battlefield series highlighting young leaders in criminal defense. Steven is an associate at Driving Defense Law, a division of McCormick Law & Consulting. Entertaining and insightful, make sure to have pen and paper close by as Steven shares some of the keys to his firm’s growth in the practice area of criminal defense.
Highlights:
· Steven describes why a hunger for knowledge is key to an associate’s success.
· Discover why Steven believes that improving your client experience is essential to profitability as firms drastically focus on this area of their businesses over the next decade.
· Discover three easy ways to advance your value to your firm.
On today’s episode, Banks Huntley joins Jake as we continue the Warriors on the Battlefield series highlighting young leaders in criminal defense. Banks is a former prosecutor and managing partner at the Law Offices of Banks Huntley, PLLC in Charlotte. Banks describes why he decided to open his own shop after working as an assistant district attorney and provides great practical wisdom on how to take the leap into private practice.
Highlights:
· Banks describes how selling timeshares served his business.
· Hear some unique insights on the mindset of a prosecutor as Banks shares his experience at the DA’s Office.
· Discover why you should hire an assistant (or additional help) ASAP.
On today’s episode, Jake reflects on his last 9 episodes with young leaders of the criminal defense in North Carolina. After drilling down on the repeated indicators of success based on his conversation with the lawyers in this Warriors series, Jake has discovered the unanimous greatest weapon that a legal warrior can possess and develop: relationships. As Robin Sharma remarked, “The business of business is relationships; the business of life is human connection.”
Highlights:
· Listen to Jake talk about how fascinating it was to hear the emphasis on relationships be repeatedly discussed by the guests in this legal leaders series.
· Follow Jake through a guided thought experiment on the opportunity to access business leaders in the criminal defense world.
· Discover how to find a group of curious criminal defense practitioners voraciously committed to self-improvement.
On today’s episode, Robert DiDomenico joins Jake as we continue the Warriors on the Battlefield series highlighting young leaders in criminal defense. Rob is an associate attorney at Hiltzheimer Law Office in Durham, North Carolina. Rob describes how he was able to land a job working with the incredible Ben Hiltzheimer straight out of law school and his perspective on how to add value both in the courtroom and in relation to your firm’s bottom line as an associate attorney.
Highlights:
· Rob describes his background in theater and how those skills have shaped his lawyering and why his career as an actor led him to law school.
· Listen to Rob’s advice for young lawyers trying to advance the business development of their firms.
· Uncover the culture of Hiltzheimer Law.
On today’s episode, Leah Shellberg joins Jake as we continue the Courtroom Warriors series highlighting young leaders in criminal defense. Leah is a Managing Partner at the Law Office of Tony Huynh, PLLC. Leah believes in practical and dynamic legal representation and sees herself as the ferry her clients can ride through the court system as she provides them with the legal knowledge they need to make empowered choices along the journey. Leah’s love of her clients and work is contagious and you are going to relish Leah’s take on the practice of criminal defense!
Highlights:
· Leah develops the theme we have heard on a number of the Warriors episodes about the importance of relationships in growing your practice.
· Listen to some of the amazing advice that Leah offers on how to take care of your mental health during your commute.
· Discover the practical steps that Leah’s firm has utilized to create a culture of work-life balance for its employees.
On today’s episode, Daniel Donahue joins Jake as we continue the Courtroom Warriors series highlighting young leaders in criminal defense. Donahue Defense is located in Nags Head and Daniel handles DWI and other criminal cases in Dare and Currituck Counties. This episode is chalk full of practical advice for young lawyers starting their own law firm or who have recently hung their shingle. Bring your notepad to today’s episode!
Highlights:
· This is truly one of the best episodes of the podcast in showcasing how to build your law firm from the ground up.
· Listen as Jake and Daniel discuss why lawyers from small towns should consider setting up shop in their hometowns after law school.
· Uncover some of Daniels best customer service lessons learned while he worked in his family’s small business growing up.
On today’s episode, Jennifer Chandler joins Jake as we continue the Courtroom Warriors series highlighting young leaders in criminal defense. Jennifer is the epitome of a criminal defense lawyer, passionate about her work: fighting in the courtroom and building an emotional connection with her clients. Chandler Law is located in Mooresville and Jennifer handles a variety of traffic and criminal cases in Charlotte, Huntersville, and Mooresville.
Highlights:
· Discover what led to Jennifer’s journey into criminal defense.
· Hear the passion of a true warrior as Jennifer describes why she loves practicing criminal defense.
· Uncover some the hurdles that Jennifer identifies for criminal defense lawyers in the current criminal justice system.
On today’s episode, Jake continues the Courtroom Warriors series highlighting young leaders in criminal defense by diving into conversation with his good friend, Josh Nielsen. Josh’s firm, Nielsen Legal handles a variety of practice areas including all levels of criminal representation throughout Western North Carolina. This episode is packed with practical advice on building a successful criminal law practice one relationship at a time.
Highlights:
· Discover some of the keys Josh has used in designing a practice that provides personal fulfillment.
· Learn how Josh has built his practice through relationships and why this is particularly critical due to the wide geographic territory he covers.
· Listen to Josh’s advice on building a better local bar and why the local bar and judiciary make such a difference in the quality of life of local practitioners.
· Uncover how Josh taught Jake one of the most valuable lessons in their brief time working together on the importance of providing your team with the correct tools and systems.
On today’s episode, Jake continues the Courtroom Warriors series highlighting young leaders in criminal defense with this week’s spotlight on Rowan County attorney Marlowe Rary. Marlowe is a former teacher turned lawyer and shares the moment in his youth that sent him on a trajectory towards criminal defense. Marlowe is a partner at Whitley, Jordan, Inge & Rary, a powerhouse of criminal defense experience and expertise.
Highlights:
· Discover why joining a longstanding criminal defense firm may be the quickest way to success in both the courtroom and business.
· Learn how Marlowe’s background as a teacher has helped in his development as a lawyer and why education is such a huge part of his firm’s culture.
· Uncover some of the biggest challenges facing criminal defense lawyers according to Marlowe and his forecast of legal developments coming our way.
On today’s episode, Jake continues the Courtroom Warriors series highlighting young leaders in criminal defense by interviewing his good friend Kevin Marcilliat. Kevin is a criminal defense warrior that has handled cases in more than 80 counties across North Carolina. Kevin’s journey into criminal defense is inspiring, as is his rapid ascent into partnership status at one of the leading criminal defense firms in the state, Marcilliat & Mills.
Highlights:
· Discover some of the takeaways that Kevin experienced at his recent first off-site partnership meeting.
· Learn how Marcilliat and Mills has employed a strategy of acquiring other law firms as part of its growth model.
· Find out how Kevin was able to move into a partner role so quickly at his current firm.
· Uncover what sets Marcilliat and Mills apart when it comes to attracting and retaining A-Players.
On today’s episode Jake speaks with his friend Ryan Stowe to kick off the Warriors on the Battlefield series, which will highlight young leaders in criminal defense in North Carolina. Ryan is the owner of the Stowe Law Firm, PLLC in Salisbury, NC and is a passionate counselor to his clients in the office and a furious fighter in the courtroom.
Highlights:
· Learn how Ryan has uniquely leveraged social media to grow his firm’s online presence and brand.
· Discover how Ryan has fostered a spirit of education with his team and why they have a monthly book club.
· Hear why the Stowe Law Firm is highly selective when bringing on new clients and why this has been so powerful to the firm’s growth.
· Listen to Ryan talk about how his team gives candid intra-office feedback to each other and the impact this has had on the firm’s culture.
Today Jake celebrates episode 200 of the NC DWI Guy! To commemorate this two hundredth episode, Jake offers a reflection on the importance of envisioning your firm in 10 years. One of Jake’s favorite movie quotes is “Brothers, what we do in life, echoes in eternity,” from General Maximus to his troops in Gladiator. However, the beginning of that quote voiced by Russell Crowe offers its own wisdom and fits perfectly in line with today’s topic: “Three weeks from now, I will be harvesting my crops. Imagine where you will be, and it will be so. Hold the line!” Imagine where your law firm will be in 10 years, and it will be so.
On today’s episode Jake explains the purpose behind Minick Law’s quarterly mock trial days and why practicing and developing your arguments in a real time setting is so helpful for criminal defense lawyers.
Highlights:
· Discover the powerful feedback available in a mock trial setting.
· Find out why mock trials are so helpful for preparing young lawyers to deal with the nerves associated with a criminal trial.
· Learn the educational advantage of arguing a case in the practice courtroom setting versus simply bouncing your case off another lawyer for trial strategy.
· Uncover the creativity of argument that is unleashed during a mock trial and why novel arguments are more likely to flow from attorneys engaging in a regular mock trial practice.
On today’s episode Jake speaks with entrepreneur and managing partner of iTicket.Law, Dan Hatley. Dan describes iTicket as a tech company providing legal services. The innovative technology that provides the foundation for iTicket’s success is truly revolutionizing the practice of criminal defense. If you want a peak behind the curtain at the future of the legal industry this episode is for you!
Highlights:
· Discover how Dan has built iTicket from a firm of 1 to 75+ team members.
· Uncover some of the biggest challenges that Dan and his team at iTicket have overcome along their growth journey.
· Listen to Dan describe how he has addressed shortcomings in the client experience through the utilization of technology.
· Hear Dan describe how eCourts and an increasing number of Public Defenders office’s are changing the private practice of criminal defense.
On today’s episode Jake goes deep into the psychology of a potential DWI client. Of all the causes for anxiety that a client is facing, one of the deepest but often unspoken causes for concern that a DWI client faces is the thought “what are people going to think about me getting a DWI?” Understanding this friction point is essential to helping put the client’s mind at ease during the initial consultation and delivering a WOW experience to your client over the course of representation.
Highlights:
· Discover how we know that clients are anxious about what other people think about them receiving a DWI charge.
· Learn why protecting your client by defending their character is critical to top level DWI representation.
· Hear some of the specific thoughts occupying your client’s mind when it comes to how others view their charge.
· Uncover a long list of tips about how to eliminate embarrassing situations for your client and how to showcase your client’s true character in the courtroom.
On today’s episode Jake discusses the recently published NC Court of Appeals opinion of State v. Forney, COA23-338. This case analyses the importance of a proper “observation period” in a breath testing case.
Highlights:
· Discover why the Court ruled that chewing gum during and immediately prior to breath testing should have resulted in suppression of the breath test.
· Listen to Jake discuss the statutory interpretation utilized by the Court to reach its decision.
Jesse Frye is a coach with the Law Firm Mentor, where he has helped solo and small law firm owners achieve their growth goals by building the right systems, hiring the right people, and overcoming obstacles that get in the way. He is also the co-owner of ScaleLegal, a marketing company that is redefining the client journey in the legal industry using innovative Growth Loops, specifically designed to help law firms create Signature Client Experiences.
Highlights:
· Hear Jesse share the most common roadblocks facing his lawyer clients in growing their law firms.
· Find out some of the big picture changes coming for the legal industry due to rapidly improving AI.
· Listen to Jake and Jesse discuss how to structure the correct fee for your services.
· Discover how Jesse advises clients to prioritize the problems they face as law firm owners.
Is your weekly calendar filled with chaos, mundane tasks, frustrating meetings, or items you didn’t put there? Would you like to create a schedule filled with tasks that bring you energy, fulfillment, and have a lasting impact on those around you? Take control of your calendar with intentionality as you implement the ideas shared by Jake in this week’s episode.
On today’s episode, special guest James Gilchrist shares the recipe for his firm’s success: employee retention. In this episode hear James discuss the family culture that he has created with his team, three of whom have been with him since he started his firm in 2016. If you want to avoid turnover and hire right, this episode is for you.
Highlights:
· Listen as James shares why he has been so successful at retaining his incredible legal team.
· Discover the transparent culture that James has created at the Gilchrist Law Firm.
· Learn how James has shared his 2024 Vision with his team in order to get buy in to the direction of the firm.
If you want to get the 2024 marathon started off on the right foot, take a listen to today’s episode for three tips on setting yourself up for success in achieving your Everest-sized Goals.
On today’s episode Jake reviews the recent unpublished North Carolina Court of Appeals decision in State v. C.K.D. In C.K.D. the Court upheld the trial court’s dismissal of a DWI based on State v. Knoll.
Highlights:
· Hear the very interesting and important facts surrounding the defendant’s detention in this case.
· Learn why the magistrate’s Findings of Fact that defendant had “.17 BAC, red glassy eyes, slurred speech, and odor of alcohol” did not amount to clear and convincing evidence that defendant presented a danger to himself or others.
· Discover why the Court rejected the State’s argument that defendant had waived his right to have a witness given that he had signed a form indicating that he did not wish anyone to observe him at the jail.
On today’s episode Jake reflects on his ultramarathon journey in Kings Mountain racing the Beast of the East. During this 100-mile trail run featuring over 19,000 ft. in elevation gain, Jake discovered a number of life lessons applicable to lawyering, business, parenting, spirituality, relationships, and much more. If you are looking for a good kick start reflection to 2024 then this episode is for you!
Highlights:
· Discover what Jake means when he says “you have to properly fuel your dreams.”
· Uncover the rule that “it’s always easier doing something a second time” and why your goals should be set high as a result.
· Learn the danger of ignoring small problems in your relationships and business.
· Find out why you should soak in the gnarly experiences that life sends your way.
On today’s episode Jake continues the conversation on discovery tactics in a DWI case. Question: what’s the best way to know exactly what an officer is going to say from the witness stand? Answer: have a recording of the officer’s testimony under oath regarding the case from a prior hearing. How do you accomplish this in a DWI case in district court? Take a listen to today’s episode to find out.
Highlights:
· Discover a few civil hearings that may afford you the opportunity to obtain recorded testimony from an officer in a DWI case.
· Learn why a refusal hearing is a particularly good opportunity for questioning the officer involved in your client’s DWI investigation.
· Uncover several advantages of contesting a refusal revocation by requesting a refusal hearing on the same.
Death is an unescapable reality. On today’s episode Jake speaks to the importance of reflecting on this fact in setting your goals for 2024. If you want to achieve your most important goals in 2024 don’t skip this reflection on the importance of a Memento Mori mindset (Latin for remember you will die).
On today’s episode Jake continues the discussion he began last episode on how to get discovery on your DWI cases. If you are trying to convince your local district attorney’s office of adopting an open file discovery policy on DWI cases (or streamline or expand the policy if your DA’s office already has an open file policy), Jake shares the outline for getting this conversation off the ground.
Highlights:
· Learn how to identify the decision maker in your local DAs office and why it’s important to include any gatekeepers in the policy conversation.
· Uncover the communication tips for showcasing to the assistant DA the value to the state of an open file policy.
· Discover the importance of the principle of “keep it simple stupid” in requesting broad policy changes.
· Hear the value of scheduling these policy changes and follow up meeting(s) and where to have the conversation with the powers that be.
On today’s episode Jake discusses how to get discovery in district court. Having the benefit of seeing a variety of discovery policies from district attorney’s offices across the State, Jake discusses best practices for getting the most critical evidence back on your case: the officer’s reports, body camera, and dash camera. You cannot meaningfully defend a DWI client without receiving and reviewing these items, so don’t miss this episode!
Highlights:
· Listen to Jake discuss how to present the value of disclosing discovery to the prosecution;
· Uncover how to use a license revocation hearing as an opportunity to depose the officer;
· Tap into the subpoena power of your district court judges; and
· Learn how the defense bar across the State and at the local level has an obligation to improve the access to discovery for criminal defendants.
On today’s episode, special guest Andy Kite shares his recent hiatus from the practicing criminal defense. Discover the reasons Andy stepped briefly away from the law, how he successfully wound down and subsequently reopened his law office, and the incredible lessons learned from his journey across the globe. If you feel stuck in the law or just need some ideas on how to plan short- or long-term respites from the daily grind, Andy gives you the roadmap for making your dream a reality.
Highlights:
· Discover the process from dream to reality for stepping away from practice into an incredible adventure.
· Learn how much Andy’s multi-month oversees adventure cost (his budget will blow you away – in a good way).
· Find out how Andy’s experiences during his sabbatical from the law made him a better criminal defense lawyer and person.
· Hear Andy recount his recent experience at the inaugural Freedom Fighters Summit.
On today’s episode, special guest Chet Palumbo discusses the application of lessons learned in jiu-jitsu and MMA to the arena of criminal defense. Chet has a purple belt in Brazilian jiu-jitsu and a green belt in combatives, with over 100 hours of training and weapons-based grappling and 200 hours of firearms training. Chet’s YouTube channel, The Combative Lawyer, offers insightful commentary on topics related to self-defense law. Chet has recently joined the Minick Law Team, launching the first South Carolina office of the firm in Greenville.
Highlights:
· Learn how Chet got comfortable being uncomfortable in MMA and why the normalcy of discomfort is so important to a trial lawyer.
· Discover how to develop a warrior mindset by not fearing your opponent in a fight or in the courtroom.
· Hear Chet and Jake discuss where defense lawyers typically tap out early in a criminal case.
· Uncover the value that a white belt gains from sparring with an experienced BJJ fighter and that a young lawyer gains from his first several trials even when the odds of victory are stacked against them.
On today’s episode Jake shares life lessons learned as a result of the inaugural Freedom Fighters Summit. Regardless of whether you attended the Summit, these lessons can be immediately implemented in your life. Get ready to take some notes!
On today’s episode Jake gives an overview of the implications of the Pretrial Integrity Act, which became effective on October 1, 2023 as it relates to DWI charges.
Danny Glover has been trying DWI cases for nearly three decades and on today’s episode Danny shares some of his tips and strategies for handling a DWI. If you are looking to improve your client communication and courtroom skill then don’t miss out on this master lesson in DWI representation!
Highlights:
· Listen to Danny explain his strategy for getting evidence suppressed voluntarily by the State ahead of trial.
· Learn best practices of how to discuss DWI investigations with the charging officer.
· Discover the framework Danny uses during intake with new DWI clients and how this has changed significantly during the course of his practice.
· Uncover how Danny utilizes video of a DWI investigation prior to trial.
Gearing up for Q4 of 2023 and for the new year in 2024, Jake discusses some of the most common problems with goal setting. On today’s episode Jake discusses how to create Big Hairy Audacious Goals and why impossible dreams are so important to our lives. If you are intent on maximizing your human potential and living the life of your dreams, this episode is for you!
This week the North Carolina Court of Appeals held in State v. Jacobs that the odor of unburned marijuana coming from Defendant’s vehicle was grounds for reasonable suspicion to stop the vehicle. In this episode, Jake looks at the lack of meaningful distinction between marijuana and hemp and how to attack a stop based on the odor of marijuana post-Jacobs.
Highlights:
· Understand (admittedly at very surface level) the scientific distinction between marijuana and hemp.
· Uncover the North Carolina State Bureau of Investigation’s memorandum indicating why officer’s cannot use the odor of marijuana to establish probable cause in a world where hemp is legalized.
· Learn why State v. Stover, 200 N.C. 506 (2009), which was relied upon by the Jacobs Court, in the aftermath of the 2018 Farm Bill (legalizing hemp).
· Discover why Jacobs decision has far-reaching implications for criminal defense and DWI lawyers.
One of the biggest frustrations for business owners is figuring out how to off-load their tasks onto employees. If you want to create a culture where team members aggressively seek out solutions to problems and take the initiative on tasks that are not in their “job description” this episode is a must listen.
Highlights:
· Understand how your mission and core values create a decision-making matrix for your team.
· Learn the power of shifting the cognitive load whenever a team member comes to your office seeking a solution to a work-related problem.
· Discover how to avoid being a micromanager (the equivalent of a helicopter parent in the workplace).
· Find out how to encourage and plan for feedback interruptions.
· Uncover the importance of positive praise in creating a leadership culture.
As noted on Episode 144, there has been a steady decline in certified DRE officers over the past decade. As a result, in some jurisdictions there has been an increased use of DRE officers to provide testimony in drug impaired DWI cases where no DRE was utilized at the time of the initial DWI investigation. In this episode, Jake reviews two recent unpublished cases from the Court of Appeals on DRE Testimony, State v. Lewis and State v. Williams.
Highlights:
· Discover how State v. Lewis and State v. Williams, when read together, make it difficult for any officer to provide opinion testimony in a drug impaired driving case at trial.
· Understand the collective importance of defense attorneys statewide to object to post hoc DRE testimony.
· Learn attack points to post hoc DRE testimony if it is allowed to come into evidence over defense counsel’s objection.
Adam Everett owner of Everett Law Office, PLLC is a criminal defense lawyer and former prosecutor. However, for today’s purposes Adam’s most relevant experience is the time he spent in the Wake County Detention Center as a North Carolina magistrate judge. Adam conducted countless DWI initial appearances as a magistrate judge and on today’s episode he discusses the initial appearance through that lens.
Highlights:
· Uncover the training program for new magistrates in North Carolina.
· Discover practical tips for reviewing paperwork given to your client during the first appearance.
· Learn what a DWI initial appearance looked like from Adam’s firsthand perspective.
· Find out how Adam’s time as a magistrate impacted his view of a case as both a prosecutor and defense lawyer.
While we are all familiar with the saying that “Rome wasn’t built in a day,” James Clear, author of Atomic Habits, is attributed with adding “but they were laying bricks every hour” to this adage. On today’s episode Jake discusses two opposite but equally devastating attitudes that can wreak havoc on the growth of your firm: an expectation of overnight success on the one hand, and complacency on the other. Jake offers words of encouragement to keep you focused on patiently taking small steps toward the grand vision of the future of your firm.
A person charged with their first DWI offense goes from 0 to 60 when it comes to sentencing if they have a passenger under the age of 18 in the vehicle. Being able to discuss the sentencing and driver’s license consequences of having a minor in the vehicle during the initial consultation is critical to adequately preparing your client for court and helping your client navigate the collateral damage in his or her family life.
Highlights:
· Discover conversation tips for discussing a kid in the car during an initial consult with a potential DWI client.
· Understand the impact of a related misdemeanor child abuse charge and the potential for DSS to open an investigation as a result.
· Listen as Jake discusses sentencing strategies for a Level 1 DWI sentence based on a minor in the vehicle.
· Uncover potential hurdles the State may face in proving a passenger’s age beyond a reasonable doubt.
What’s the best investment in your firm? If you are thinking it’s technology, office space, legal research manuals, or online advertising you are incorrect. The best investment you can make to grow and flourish is in your people, beginning with the man or woman staring back at you in the mirror. On today’s episode, Jake gives questions for reflecting on how to invest in yourself and your team.
You have probably heard of the 10,000 hour rule which was highlighted in Malcom Gladwell’s bestseller Outliers. Gladwell’s theory is that it takes 10,000 hours of practice to achieve mastery in any complex skill. Being an articulate and prepared lawyer and small business entrepreneur are extremely complex skills, and in order to become a master you have to put in the hours. On today’s episode, Timothy Pavone highlights how he has systematically built his practice from his first client to where he is today. Tim’s story is a shining example of the fact that in building a business there is no such thing as an overnight success, but rather that great businesses are built on attention to details over the long haul.
Highlights:
· Listen to Tim talk about creating an office culture where every phone call is answered.
· Discover why Tim believes you should try to win every argument, even a motion to continue, in front of your judge.
· Hear Tim explain why the Rules of Evidence are undervalued by lawyers in district court practice.
· Discover the roadblocks and keys to success that Tim has experienced in building his firm.
On today’s episode, Jake sits down with criminal defense master Chris Fialko. Over more than three decades of practicing law, Chris has honed his skill of being a courtroom warrior. Originally having a heavy district court and DWI practice, Chris shifted his focus to “white collar” defense in the 2000s. Don’t miss out on Chris’ incredible insights for client communication, case preparation, and trial strategy and tactics!
Highlights:
· Listen to Chris describe the value of conducting “field trips” as a criminal defense lawyer.
· Learn Chris’ methodical approach to networking to launch, grow, and niche his practice.
· Discover Chris process for meeting with new clients and his first steps on every new case.
· Find out why Chris believes that taking cases to trial is so important.
On today’s episode, Jake sits down with Robert Ingalls, the CEO and Founder of LawPods, a production and marketing company that helps lawyers build their brand through podcasting. Robert’s shares his remarkable and thought-provoking journey to creating his podcasting company. Dreams of being a criminal defense lawyer inhabited Robert’s mind from a young age, and he lived out that fantasy once he graduated law school. After experiencing burnout in criminal defense, Robert found his true passion: helping lawyers position themselves as thought leaders, create strategic relationships, and generate revenue through the medium of podcasting.
Highlights:
· Listen to Robert share his incredible story of what lead him into and out of the practice of criminal defense.
· Learn about the financial, educational, and relationship benefits that come from podcasting.
· Discover the most important question to ask if you are thinking about starting a podcast (which applies to every marketing endeavor in your business).
· Find out why Robert is on a mission to help lawyers experiencing burn out in the practice of law.
Episode 169: eCourts with Lindsey Granados
eCourts has hit North Carolina and in this episode special guest Lindsey Granados shares the current state of practicing in a county where eFiling has been implemented. This filing system will have a massive impact on your practice regardless of where you reside. Don’t miss out on Lindsey’s incredible practical tips for preparing for eCourts to come to your jurisdiction.
Highlights:
· Discover the frustrations with Odyssey and eFiling through the eyes of a Pilot County practitioner.
· Uncover how you and your team can prepare for eCourts.
· Learn leadership best practices for helping the critical players in your county prepare for eCourts implementation.
· Listen to Lindsey discuss the importance of maintaining a positive mindset in a world of change and how she has implemented this personally.
Groundbreaking technology is coming down the pike in the world of impaired driving. In 2021, Congress passed the Infrastructure Investment and Jobs Act, which included a section on Advanced Impaired Driving Technology. The Act states that “to ensure the prevention of alcohol-impaired driving fatalities, advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles.” If you regularly handle DWI cases, then this technology is going to significantly impact your law firm.
Highlights:
· Discover when this technology will be required on all new consumer vehicles.
· Uncover the reasons that Congress has mandated this technology to be developed and implemented.
· Learn about the two types of systems that are in research and development: the breath based system and the touch based system.
· Find out where to get information on this technology so that you can start planning for the impact it will have on your firm.
CHECKPOINTS
State v. Parham, 2022 NCCOA 584 (N.C. App. 2022) (unpublished)
Holding: Signed authorization of a checkpoint by a supervising officer prior to its initiation is irrelevant as long as the supervising officer gives sufficient verbal instruction on how the checkpoint is to be conducted.
Practice tips: (1) focus cross-examination on the specific instructions (verbal or written) being given by the supervisory officer prior to the checkpoint commencing; (2) sequester officers when challenging a checkpoint case.
REASONABLE SUSPICION
State v. Abernathy, 2022 NCCOA 607 (N.C. App. 2022) (unpublished)
Holding: Reasonable suspicion exists to stop a driver travelling under the speed limit in the left lane for a prolonged period causing other vehicles on the highway to pass in the right lane.
State v. Barstow, 2022 NCCOA 368 (N.C. App 2022) (unpublished)
Holding: An officer dispatched to investigate a domestic dispute has reasonable suspicion to stop a vehicle matching the color, make, and model of the one connected to the domestic dispute leaving the subdivision where the domestic dispute occurred.
State v. Bolick, 2022 NCCOA 875 (N.C. App 2022) (unpublished)
Holding: Reasonable suspicion to stop exists based on an anonymous tip where the 911 caller has face-to-face interaction with the Defendant, smells an odor of alcohol, was tailgated by Defendant, gave the make, model, and license plate of Defendant’s vehicle, and told the dispatcher which direction the vehicle was travelling.
Practice tip: The Court goes through a lengthy analysis of traffic stops based on an anonymous tip. If you have an anonymous tip case be prepared to distinguish Bolick from your case.
State v. Duncan, 2023 NCCOA 5 (N.C. App. 2023)
Holding: Reasonable suspicions exists if an officer believes that a driver has a medically cancelled license.
State v. Dyer, 2022 NCCOA 880 (N.C. App. 2022) (unpublished)
Holding: No reasonable suspicion exists when a stop is based on Defendant’s failure to use a turn signal if no other vehicle will be affected by Defendant’s turn.
EXPERT TESTIMONY
State v. Lewis, 2022 NCCOA 887 (N.C. App. 2022) (unpublished)
Holding: Based on the plain language of N.C. Gen. Stat. § 8C-1, Rule 702(a1)(2), an officer who does not hold a currentcertification as a drug recognition expert (DRE) cannot testify that Defendant was under the influence of one or more impairing substances, or the drug category of such impairing substances. [The trial court erred in allowing such testimony, but the Court of Appeals found in this case the error was not prejudicial.]
Practice tip: With the rise of ARIDE officers don’t let the state get around the rigid requirements of Rule 702. The opinion is either lay or expert opinion and lay opinion is not allowed in this arena.
RIGHT TO SILENCE
State v. Dunn, 2022 NCCOA 818 (N.C. App. 2022) (unpublished)
Holding: Despite erroneous admission of statements into evidence regarding Defendant’s refusal to answer questions after being advised of his Miranda rights, the error was harmless.
BLOOD DRAW
State v. Bobbitt, No. COA22-510 (N.C. App. 2023) (unpublished)
Holding: Medical reports or records created for treatment purposes are not testimonial in nature and as such do not implicate the requirements of the Confrontation Clause.
State v. Cannon, No. COA22-572 (N.C. App. 2023)
Facts: Defendant was involved in a head on collision with another vehicle killing the driver. Investigating officers found beer cans and an aerosol can of “ultra Duster” in Defendant’s vehicle. Officers noticed an odor of alcohol on Defendant, slurred speech and glassy eyes. About two hours after the accident, Defendant’s blood was taken at the hospital by law enforcement. At the time of the blood draw, no warrant had been issued and no implied consent had been given under N.C.G.S. § 20-16.2.
Holding: Based on the time it took to investigate an accident involving a fatality, the time to transport the Defendant to the hospital, the lack of police assistance for the investigating officers, and the extra time it would have taken to prepare and submit a search warrant, exigent circumstances existed to justify a warrantless search of Defendant’s blood.
Practice tip: In distinguishing Cannon, focus on the (1) the fatality investigation; (2) lack of police assistance; and (3) drug impairment case. Cf. State v. Romano, 369 N.C. 678 (N.C. 2017).
SUFFICIENCY OF EVIDENCE
State v. Rouse, 2022 NCCOA 496 (N.C. App. 2022)
Holding: Sufficient circumstantial evidence of driving was presented in this case by the State to avoid a Motion to Dismiss.
SENTENCING
State v. Adams, 2022 NCCOA 845 (N.C. App. 2022)
Holding: N.C.G.S. § 20-179(r) does not authorize a judge to mandate a transfer from supervised to unsupervised probation on the passage of a certain amount of time.
Practice tip: On a level 3, 4 or 5 sentence make sure that the judge is following the mandates of N.C.G.S. § 20-179(r) in requiring supervised versus unsupervised probation.
State v. King, No. COA22-469 (N.C. App. 2023)
Holding: N.C.G.S. § 20-179(a2)(2) requires a jury to decide whether aggravating factors exist.
Practice tip: There appears to be grounds for an argument based on this holding that the statutory framework providing that prior convictions under 20-179(c) fall within the purview of the judge vs. the jury is not permissible and a jury should decide. (One aggravating factor found by the superior court judge in this case was a prior conviction of death by motor vehicle).
DWLR IMPAIRED
State v. Rabas, No. COA22-616 (N.C. App. 2023) (unpublished)
Facts: Defendant was charged with DWI. Immediately upon release, defendant went back to his car and drove away. He was stopped again and charged with a second DWI and DWLR impaired.
Holding: Defendant possessed actual and constructive knowledge that his license was revoked creating sufficient evidence for conviction of DWLR impaired.
A Man for All Seasons, the 1966 film based on the life of Sir Thomas More won six Academy Awards including Best Picture, Best Director, and Best Actor. During the film, Richard Rich, an ambitious young man, is seeking More’s assistance in finding a position at Court. More tells Rich that he has found him a teaching position. When More tells Rich that he might be a great teacher, Rich responds despondently “and who would know it.” More replies, “You, your pupils, your friends, God. Not a bad public that.” In a world where professional success is often scored based on income and generally meaningless awards, it is important to take time to determine what your personal vision of success in life looks like.
On today’s episode Jake walks you through, the EOS Personal/Family V/TO which is a tool to help you chart your vision of the future, the person who you hope to be in 10 years. Make sure to download this tool before tunning into today’s episode to get the most out of this incredibly important exercise.
An out of state prior DWI or DUI conviction can frequently rear its ugly head in a North Carolina DWI sentencing hearing. Does the prior conviction aggravate or grossly aggravate the sentence? Only if the trial judge finds as a matter of law that the out of state offense involving impaired driving is substantially similar to North Carolina’s impaired driving statute. In today’s episode we take a deep dive into how substantial similarity is determined and arguments that the defense can make during a sentencing hearing.
Highlights:
· Uncover why focusing on substantial similarity can make a huge difference in your practice given the frequency of this issue popping up.
· Learn how to use the rule of lenity in arguing that another jurisdiction’s impaired driving statute is not substantially similar to North Carolina’s DWI laws.
· Discover the statutory framework and key cases related to “substantial similarity” in North Carolina and find out why knowing this framework gives you a huge leg up in a sentencing hearing.
· Hear how the state should be arguing this issue and how to hold a ADAs accountable to their burden on this front.
Professional poker great Doyle Brunson once said “poker is war. People pretend it’s a game.” There are many lessons from the game of poker that can be applied to the Courtroom. If you want to improve your chances of winning in poker, you need to understand the game you are playing. If you want to improve your chances of winning at trial, listen to today’s episode.
Highlights:
· Learn how to call the State’s bluff before and during trial.
· Understand why keeping your cards (your defense) close to the vest is such a powerful advantage for the defense lawyer in a criminal trial.
· Discover how “counting cards” (using probability) over repeated “hands” (trials) can help you gain a long-term advantage where the art and science of criminal defense intersect.
Leadership guru Jocko Willink advocates taking a position of being default aggressive. In business, Willink describes default aggression not as angry behavior but rather as an attitude of action, an attitude of getting things done. On last week’s episode, Rob Heroy discussed how being a professional poker player has made him a better attorney because (to paraphrase) it helped him to develop an attitude of being default aggressive. On today’s episode, Jake discusses five benefits for criminal defense lawyers that develop a default aggressive mindset.
Highlights:
· Learn the massive impact that taking cases to trial has on building a lawyer’s reputation in the legal community.
· Discover why trust is built with a potential client in the consultation when a lawyer frames the conversation in trial language.
· Uncover the recruiting power of attracting the best and brightest young defense lawyers by creating a trial firm culture.
· Find out why a default aggressive mentality has such a positive impact not only on your defense practice, but in all areas of your life.
On today’s episode Jake and guest Rob Heroy discuss a variety of topics, including: law, running, and poker. Rob is a partner at Goodman, Carr, Laughrun, Levine & Greene and is the immediate past President of the Mecklenburg County Criminal Defense Bar. He has taught a number of criminal defense CLEs and taught advanced criminal law courses at the Charlotte School of Law. Being a former assistant district attorney, Rob shares the lessons he learned as a prosecutor with both young ADAs and young defense lawyers.
Highlights:
· Hear Rob’s practice tip for how to present your client’s case to the assigned ADA.
· Discover how Rob’s time as a high-profile poker player has helped him take a position of being default aggressive in the courtroom.
· Learn how Rob has built his network over the years to the point where his firm spends very limited budget on online advertising.
· Listen to Jake and Rob discuss their shared passion of running and the value of finding a passionate hobby for everyone in a high stress profession.
Jake spent part of his weekend volunteering at the Hellbender 100 trail race in Black Mountain. On today’s episode, Jake offers his takeaways from working at the aid station and applies them to the practice of law. So many incredible lessons learned from an endurance sport that apply to playing the long game in professional life.
Highlights:
· Hear Jake talk about the importance of inspiring young lawyers and law students to greatness.
· Detach – learn how to step back from the practice and business of law in order to discover lessons that can be used to improve.
· Find out the importance of high frequency mental aid stations.
· Learn why staying at an aid station for too long can create problems and why this is important in the legal profession.
· To avoid burnout, don’t blow past a mental aid station when you are on fumes.
· Discover why warriors thrive on competition and why the same should be welcomed with open arms.
On today’s episode Jake explores the minutiae of North Carolina’s DWI sentencing statute, N.C.G.S. § 20-179. Having previously done a deep dive on the big picture of § 20-179 on Episodes 31-33, Jake looks at the less frequently cited sections of NC’s DWI sentencing framework.
Highlights:
· Learn the strict criteria required for a judge to impose supervised probation on a level 3, 4 or 5 sentence.
· Discover when a driver’s high speed can be used as an aggravating factor in a DWI sentence and strategies for avoiding multiple license suspensions for your client.
· Uncover the State’s notice requirement for GAFs and AFs in Superior Court and how to use lack of notice to your tactical advantage.
Having discussed how to avoid burnout back on Episode 157, Jake looks at the flip side of the coin on today’s episode: how to build the dream job as a criminal defense attorney. Do you have a dream law practice? If so, congrats! If not, take a listen to today’s episode to get some practical tips on how to create the practice that will fill your cup.
Highlights:
· Finding the mission of your practice is essential to your career fulfillment.
· Don’t like the perks of your current position? Create your own!
· Learn how your business goals must mature with your law practice in order to remain fulfilled in your professional life.
· Focus on output, not on income.
When can the police seize the vehicle of a defendant charged with DWI? When can your client get his vehicle back? What is the court process for requesting the release of a vehicle seized as a result of a DWI charge? These questions are answered by Jake on today’s episode. The NC DWI Guy discusses the statutory framework for vehicle seizure in North Carolina as well as some useful practice tips in advising a client about his vehicle after a DWI seizure.
Highlights:
· Learn how to use the trial priority required by N.C.G.S. 20-28.3(m) in requesting your client’s vehicle to be released from a DWI seizure.
· Discover why you may want to have your client reach out to the holder of his car loan if his vehicle is seized.
· Understand the process for an innocent owner to request a vehicle to be released after a DWI vehicle seizure and why representing an innocent owner may create ethical issues.
· Hear Jake discuss the importance of a deep dive on the vehicle in question during a consultation with a client that indicates his vehicle was seized after a DWI arrest.
Mental stress in the criminal defense bar is frequent and can be devasting to a lawyer’s practice and life. On today’s episode, Jake analyzes three sources of burnout: task burnout, people burnout, and purpose burnout. Jake offers practical solutions to lawyers facing burnout in these areas and calls listeners to find more joy in their law practices.
Highlights:
· Listen as Jake dispels a common myth: that burnout is caused by working too many hours.
· Learn how to fire yourself by asking two important questions: (1) Does this task engage me? and (2) Am I good at it?
· Discover how to set communication expectations with new clients in order to avoid communication burnout.
· Understand the cost benefit analysis to perform when thinking about counties and practice areas that you don’t enjoy working in.
On today’s episode, Jake interviews his good friend and former law professor, Dr. Scott Broyles. Professor Broyles eared his Ph.D. in Philosophy from the University of Dallas in 2003 and his J.D. from Washington and Lee University in 1990. Professor Broyles worked for a decade as an Assistant United States Attorney in the WDNC initially specializing in organized crime and drugs. He ultimately served as the Anti-Terrorism Coordinator and prosecuted the first case under the Material Support of a Terrorist Organization Statute (U.S. v. Hammoud). Dr. Broyles was a law professor at the Charlotte School of Law and most recently taught political philosophy at Belmont Abbey College before retiring in December 2022.
Highlights:
· Hear Dr. Broyles discuss the common traits he observed in the best criminal defense lawyers he went up against as a federal prosecutor.
· Learn why taking a big picture approach to your case is critical to successful litigation in front of a jury.
· Discover why conducting a mock direct and cross examination of your witnesses is vital to trial preparation.
· Uncover the war of attrition that occurs on the witness stand and how to use this to your tactical advantage during cross examination.
In this episode, Jake takes on the common formula often argued by prosecutors at a probable cause hearing: odor of alcohol + positive PBT = probable cause. After reviewing the relevant statutory framework and seminal cases on this issue, Jake gives criminal defense lawyers three counterpoints that debunk the State arguing that an odor and an Alco-Sensor justify an arrest for DWI. Given the frequency of Probable Cause challenges in DWI cases, this episode is critical for every DWI practitioner.
Highlights:
· Listen to Jake give a survey of the relevant case law on the utilization of a PBT in formulating probable cause, including: State v. Rogers, State v. Townsend, State v. Overocker, and State v. Ezzell.
· Understand why State v. Overocker is the most important case in interpreting the current version of 20-16.3(d).
· Uncover in-depth, the reason that Jake believes that the law, the facts, and common sense are on your side in debunking the State’s argument that a PBT plus odor equal PC.
· Discover why it is so important for the North Carolina defense bar as a whole to study these cases and consequently educate judges on this issue.
Have you ever represented a client who is a member of the armed services? Do you wonder what happens to a servicemember who receives a DUI off base or during a period of leave? On today’s episode, Steven Goralski shares practice tips for representing a member of the armed services in state court and outlines the potential disciplinary responses the military can impose on a member charged with a DUI. Steven was a Marine for 11 years where he served as a defense attorney at Camp Lejeune. He has trial experience in Marine Corps, Army, and Air Force courts. After starting his own law firm, Military Defense Litigator, LLC, Steven currently devotes his practice primarily to representing members of the armed forces stationed at Camp Lejeune and Fort Bragg.
Highlights:
· Listen as Steven explains the process that the military uses to investigate and discipline its members.
· Understand the terms non-judicial punishment (NJP) and administrative separation and the difference between these disciplinary actions.
· Learn how to advise a DUI client in active duty, who you represent in state court, on when and what to report to their command.
· Discover the consequences that servicemembers face if they are charged with a DUI.
Robert K. Corbett, III has a passion for criminal defense and trying cases that is contagious. On today’s episode Rob shares his story on how he became a trial lawyer and tips for improving your trial techniques. As a seasoned trial lawyer, former long-time ADA, and adjunct professor of trial advocacy and trial team, Rob’s trial tips are a must listen for any attorney hungry to try more cases.
Highlights:
· Uncover why Rob believes that trial team is so helpful for lawyers as they move from law student to licensed attorney.
· Hear tips on jury selection and best practices for speaking to jurors.
· Discover the importance and strategy that Rob uses in developing a theme for the defense to be communicated at trial.
· Learn why being default trial oriented builds trust with your client and allows for more open attorney-client conversations.
In a closing argument, understanding how to present the rights of your client and the missed opportunities of the officer can be very powerful themes. In today’s episode, Jake reveals how to explain the rights of your client to the jury in a meaningful way, especially in a refusal case. Jake also explains how to exploit sloppy/lazy officer investigations during closing by harping on the officer’s missed opportunities to investigate DWI.
Highlights:
· Receive pointers on communicating to the jury why your client exercising his right to refuse, as well as other rights he is allowed, should be given minimal weight
· Learn how to maximally exploit the officer’s lack of an attempt to get a search warrant in a refusal case
· Discover the State’s path to victory laid out by Benjamin Franklin (“to succeed, jump as quickly at opportunities as you do at conclusions”) and how to use this path in closing for the defense when a poor investigation is performed
On today’s episode Jake finishes a 3-part series on making ordinary everyday choices to accomplish big long-term goals. In his incredible work The Slight Edge, Jeff Olson communicates the power of the seemingly most unimportant decisions, especially when compounded over time. “Do the things you’ve committed to doing – even when no one else is watching.” In this episode, Jake applies lessons learned from The Slight Edge to the practice of law so that you can build the firm of your dreams.
Highlights:
· One Conversation at a Time – delivering a WOW experience to your clients happens one phone call at a time. Learn how the power of one phone call creates an unfair advantage in the legal marketplace.
· One Client at a Time – discover the importance of treating every client like you would treat the top salesman of your services.
· On Review at a Time – Rome was not built in a day and neither are 400 Google reviews. Hear Jake explain how to grow your online customer/client reviews.
· One Training at a Time – if you want to create a valuable law firm you need to invest in yourself.
· One Quarter at a Time – the 3-month quarter bridges the gap between Jeff Olson’s “there’s only today” mantra and Jim Collins’ Big Hair Audacious (10 Year) Goal. Uncover how setting quarterly rocks can direct the actions you take each day toward your long term vision.
On today’s episode Jake continues his a 3-part series on maximizing your daily routines to accomplish big long-term goals. Jake begins today’s discussion of how to maximizing your daily and weekly schedule by sharing the opening story from Will Smith’s autobiography. Smith discusses how the seemingly impossible task of building a wall starts with laying the perfect brick right now. Listen as Jake shares five practical tips for maximizing your daily and weekly schedule and making sure you are just busy, but instead that you’re are investing your time on the right priorities.
Highlights:
· Discover how to implement a weekly planning session devoted to maximizing next week’s schedule.
· Uncover the importance of carving out several sacred uninterrupted blocks of time to work on the top priorities of your week.
· Listen as Jake explains why he schedules time to be interrupted and how to turn interruptions from a negative into a positive.
· Learn how to put first things first on your daily schedule and attack your priorities when you are sharpest.
On today’s episode Jake begins a 3-part reflection on the mentality necessary for maximizing your daily routines to accomplish big long-term goals. “I don’t have time,” is a lie we all tell ourselves. What we really mean when we utter this lie is “that’s not a priority.” “The inches we need are everyone around us,” says Al Pacino during his famous speech in Any Given Sunday. In football, success is determined by winning inches; for lawyers, success is determined by winning seconds. Despite the fact that lawyers have a built-in sense of the value of their time, they leave seconds on the table of their day, seconds that cannot be recovered. Today’s reflection calls you to examine your day to find the seconds needed to create the law practice and a life of your dreams.
On today’s episode Jake takes an in-depth look at one of the most commonly utilized forms in NC DWI cases, the Affidavit and Revocation Report (DHHS 3907). Filled out in nearly every DWI cited statewide, this paper is used primarily to revoke a person’s license for the purposes of a civil revocation and in willful refusal cases for the purpose of a refusal revocation. In this episode, Jake discusses how to examine this affidavit to challenge a civil revocation or refusal revocation of your client’s driver’s license.
Highlights:
· Hear Jake explain how to get a legible copy of this form if your client cannot provide a copy.
· Understand the policy arguments behind challenging the statutory limitations of the Division of Motor Vehicles, and how to argue this limited authority in a hearing.
· Listen as Jake discusses the lead case of Lee v. Gore, 365 N.C. 227, 717 S.E.2d 356 (2011) and its progeny.
· Discover the relationship between the Affidavit and Revocation Report and the Rights Form (DHHS 4081).
Looking for ideas on how to springboard your law firm this year? Take a listen to Freddy Woods, Jake’s close friend and legal entrepreneur. Fred is a seasoned trial lawyer, who has litigated a wide range of both civil and criminal cases, including: murder, auto and truck litigation, oil rig and maritime litigation, state and federal criminal defense, white collar financial crimes and civil asset forfeiture. As a lawyer, Fred’s skill in the courtroom is rivaled only by his incredible business acumen. Fred is a marketing and relationship genius so don’t miss today’s episode for his tips to building a better law firm.
Highlights:
· Learn how to niche down in more than one practice area.
· Discover how Fred has been able to diversify his legal business.
· Uncover some great practical tips for implementing referral-based marketing and how to build your legal business through relationships.
· Hear Fred give a detailed overview of his weekly schedule that allows him to put in a 72-hour work week, work on his business, and enjoy a three-day weekend.
What does leadership have to do with practicing law? Everything! On today’s episode, Jake sits down with his close friend and business coach Ali Ghaffari. Ali is currently an executive coach specializing in organizational health, leadership, and team development. Ali is a former naval fighter pilot, instructor pilot, and officer. Ali ended his service in the Navy by teaching leadership development to midshipmen at the Naval Academy’s Stockdale Center for Ethical Leadership. Ali has taken the leadership lessons he has learned and taught in the military to individuals in the private sector committed to servant leadership for the betterment of their teams and organizations.
Highlights:
- Hear Ali discuss his military background and the leadership lessons he learned as a young officer.
- Discover why leadership is so vital to every lawyer regardless of the size of your practice.
- Listen to Ali discuss why building a relationship with your team is critical to become an effective leader.
- Action item: If you want to become a better leader and grow your law firm, come hear Ali speak on leadership at the inaugural Freedom Fighters Summit.
On today’s episode Jake sits down with his close friend and law partner Lance Williams. Lance joined the Minick Law team over 10 years ago and became an equity partner at the firm a couple years back. After hearing about Lance’s background in the military and law enforcement, listeners who have the chance to see Lance do battle in the courtroom will not be surprised by his warrior mentality in trial. If you are a hungry lawyer ready to try cases, don’t miss hearing Jake and Lance discuss what a young lawyer can do to take their trial skills to an elite level.
Highlights:
- Hear Lance talk about his military and law enforcement background prior to entering law school and how those experiences have helped him as a defense attorney.
- Discover the educational steps Lance lays out to newly licensed lawyers who want to elevate their game.
- Listen as Jake and Lance discuss some of the educational tools employed at Minick Law, especially the firm’s quarterly mock trial days, to help every attorney at the firm get better.
- Action item: If you are interested in joining one of the firm’s quarterly mock trial days (either virtual or in person), please contact Lance or Jake.
On today’s episode, NHTSA training guru Anthony Palacios is back on the podcast to discuss what a DRE brings to the investigation and eventually to the courtroom on a drug impaired driving case. After discussing the extensive training and experience that DRE officers receive, Anthony will also address the increasing lack of utilization of DRE officers nationwide as well as what is responsible for this decline.
Highlights:
- Listen to Anthony spell out the extensive training, both in the classroom and in the field, that DRE certified officers receive.
- Learn about the 12-step evaluation performed by a DRE on a driver suspected to be impaired by drugs.
- Uncover key differences between NHTSA’s ARIDE training and DRE program.
- Discover the limitations that a non-DRE officer has when it comes to giving opinion testimony about specific impairing substances in a DUI case.
- Special Announcement: Anthony will be speaking on Becoming the SFST Courtroom Expert at the inaugural Freedom Fighters Summit in October. Don’t miss this!!
On today’s episode, special guest Chas Post is back on the podcast. Chas, an NC Bar board-certified specialist in criminal law, was the first attorney guest to come on the show back on Episode 6. In today’s conversation, Chas and Jake offer 10 ways that DWI defense lawyers can level up their game. If you are looking for a way to kick start your professional development in 2023, this episode is for you!
Highlights:
- Listen as Chas explains the importance of case preparation and the value of patience in the timeline of a DWI case.
- Hear Jake and Chas discuss the value of asking the DWI trial gurus in your neck of the woods out to lunch and observing them in action in the courtroom.
- Gain insight into the reason that traffic and DWI defense lawyers add value to their clients when they work on their businesses instead of in them.
- Discover why Chas thinks it is so important to be yourself when you market your firm and try cases and avoid imposter syndrome at all costs.
- Special Announcement: Chas will be speaking on Communicating Your Brand During the Initial Consult at the inaugural Freedom Fighters Summit in October. Don’t miss this!!
Happy New Years! To kick off 2023, Jake offers three areas of focus to make sure your dreams become reality: mentality, action, and education. If you are committed to making 2023 the best year in your firm, and your life, hear Jake’s insights on where to focus your energy at the beginning of this journey. If you are looking for shortcuts to success, this episode has none. If you are ready to put in the time and energy to elevating your law firm to a whole new level, don’t miss today’s episode!
‘Tis the season for gift giving! In this episode, hear Jake discuss the power of gift giving and why gift giving should be part of your business strategy. Referencing John Ruhlin’s Giftology, Jake explains why you have not missed the boat if you did not give professional gifts during the Christmas season. If you want to grow personally and professionally in 2023 make sure that Giftology is a part of your regimen!
Highlights:
- Discover the Law of the Gift laid out by Bishop Robert Barron and why professional gift giving should be done with no expectations of a return favor.
- Learn from John Ruhlin the ideal time to give a gift in order to maximize the receiver’s surprise and delight.
- Hear Jake talk about how giving information (instead of gift baskets, cards, or presents) is a grossly underutilized form of most people’s giftology strategy.
On today’s episode, Jake sits down with law firm SEO expert Chris Dreyer. Chris has over a decade of experience working as a digital marketing specialist helping attorneys grow their businesses and their bottom lines. He recently released Niching Up: The Narrower the Market, the Bigger the Prize, in which Chris reveals the path to enduring notoriety and long-term profitability by way of a streamlined specialized market focus. If you are ready to take your law firm’s online presence to a whole new level, don’t miss this week’s episode!
Highlights:
- Listen to Chris discuss some of the easiest ways to immediately boast your SEO.
- Hear Chris explain what he considers a niche practice and how and why to design a law firm with a singularly focus.
- Uncover some of the traits of success that SEO focused law firms share.
- Discover the common mistakes that lawyers and firms make when it comes to their online marketing strategy.
“Business is a marathon, and most of society thinks it’s a sprint” marketing guru Gary Vaynerchuk once remarked. On today’s episode, after finishing tenth overall during his first 100-mile run, Jake takes this analogy one step further by suggesting that business is an ultramarathon. Jake compares his training for and competing in the Daytona 100, a road race from Jacksonville to Daytona, with the long term game of dominating your legal market. If you are in the business of running or run a business, this is the podcast for you!
Jake identifies 10 ways that running an ultramarathon is comparable to growing your practice:
- Announce Big Goals – to make your running and business dreams into goals, you need to make them as real as possible, which begins with speaking them into existence.
- Process Improvement – the victory lap of a 100-mile race is the last 100 miles. The result on race day depends on the commitment to the process of self-development. Similarly, in business your processes have to continually improve to maximize your services.
- Patience – in running, and in business, setbacks are inevitable. Anticipate mistakes and learn from them.
- The Devil is in the Details – you need to go into an ultra-run zeroed in. Guessing on race-day, and when making important business decisions, will wreck your body, and your firm.
- Never Stop Learning – to become an elite runner, or lawyer, you need to inundate yourself with knowledge about your area of mastery. As your goals level up, so must your education.
- Team – you can run a 5K unsupported but to run an ultramarathon you need a team. If you are growing your practice long term you can’t do it alone. Finding a committed team is your greatest competitive advantage.
- Attack Problems Immediately – in an ultrarun, minor pain in your foot can lead to an enormous blister that wrecks your race if left untreated. Sweeping seemingly small things under the rug in your business likewise can have a massive impact on the culture and finances of your firm over time.
- Half Time Adjustments – in ultrarunning and in building a business designed to last, you must adjust your race and business strategy when things aren’t working.
- Rapid Results – while you need to be patient in your running and business careers, noticeable results are achievable when you are putting in max effort.
- Your Goals Compound – you won’t shoot for 100 miles until you’ve run a marathon and you won’t shoot to create a $5,000,000 firm until you’ve created a $100,000 firm.
- BONUS: Enjoy the Moment – don’t panic about getting to the finish line or the bottom line or what might derail your race or business. Relish in the journey.
If an officer is mistaken about the law or a particular fact during a traffic stop such that no law was actually broken by the defendant, is the stop unlawful? It depends on whether the mistake was reasonable or unreasonable. On today’s episode of the podcast listen as Jake discusses the case law in North Carolina when it comes to an officer’s mistake of law or fact and gives you some practice tips for arguing these type of legal issues to the court.
Highlights:
- Listen as Jake discusses the United States Supreme Court case of Heien v. North Carolina, 574 U.S. 54 (2014).
- Discover the standard by which the reasonableness of an officer’s mistake is gaged.
- Learn how to use the North Carolina Superior Court Judges’ Benchbook on mistake of law/fact issues.
- Hear Jake review a number of North Carolina cases on these issues referencing James Davis’ DWI Trial Notebook.
BIG ANNOUNCEMENT: Coming your way in 2023 is the inaugural Freedom Fighters Summit, a marketing and brand building conference designed for criminal defense lawyers who want to take their practice to the next level!
Warning: This is NOT your traditional CLE. If you are happy with the way your law firm is operating currently then don't waste your time, money and energy attending this Summit.
However, if you want to improve the delivery of your services, your company culture, and your firm's bottom line, this conference is for you. We are bringing speakers from both within the legal industry and outside of it to discuss legal marketing, personal branding, leadership, culture, hiring, and your client experience. If you want to network with some of the best and brightest law firm owners who share your growth mindset, then don't miss out on the Freedom Fighters Summit!
Any time you have a defense named in the Latin language you better do your research before arguing in front of the judge. In a DWI case, a Corpus Delicti issue is potentially a defense where there is a “naked confession,” or an admission of drinking and driving but little other corroborating evidence of the crime of DWI. In this episode, Jake explains when a Corpus Deliciti defense may be a triable issue and what North Carolina specific cases have addressed this issue in the context of driving while impaired.
Highlights:
- Discover the power of the Superior Court Judge’s Benchbook and how to use this resource in arguing your case to a district or superior court judge.
- Listen as Jake outlines the corpus deliciti defense and how this defense differs from similar issues related to the sufficiency of evidence in a DWI case related to driving and timing of impairment.
- Learn the difference between a confession and admission in the context of corpus deliciti.
- For further research on this issue read: v. Trexler, 316 N.C. 528 (1986), State v. Brown, 87 N.C. App 13 (1987), State v. Cruz, 173 N.C. App. 689 (2005), State v. Highsmith, 173 N.C. App. 600 (2005).
As criminal defense lawyers, we are often tasked with knowing our client’s constitutional and statutory rights when it comes to police interactions. But what about practical advice for our client to have a safe and anxious free interaction with an officer who initiates a traffic stop? In this episode, Jake offers simple steps for any driver to follow during a traffic stop and talks about why the defense bar bears the responsibility for promoting safe police-civilian interactions through education.
Your network is proportionally equivalent to your net worth. As Jim Rohn famously said “you are the average of the five people you spend the most time with.” As a lawyer looking to build your current or future law practice, who are you spending time with in or to map out your legal business? On today’s episode listen as Jake discusses the power of networking, and call you to a simple but powerful action that will change the trajectory of your firm.
Helping clients overcome alcohol dependance or drug addiction is a critical aspect of any attorney defending DWI cases. On today’s podcast, Alan Eargle talks with Jake about some of the available technology that can be used in addressing addiction as well as the software developments coming down the pike that will impact society, and specifically the world of criminal defense lawyers. Alan is the CEO of Corrisoft, a technology company that focuses on helping individuals overcome addiction. If you want to stay on the cutting edge of the technology available to those facing alcohol and drug related offenses, this episode is for you.
Highlights:
- Learn what Corrisoft is doing to break the cycle of recidivism by empowering and supporting individuals on probation.
- Discover more cost-effective means of proving your client’s sobriety than a continuous alcohol monitor.
- Hear Alan discuss the Department of Transportation requirements coming down the road that will reduce driving while impaired.
- Uncover how Corrisoft uses education in supporting individuals who are trying to overcome substance use disorders.
Question: Is a driver “seized” within the meaning of the Fourth Amendment when a police officer in a marked police cruiser drivers slowly past a parked vehicle at night, backs up, pulls in behind the vehicle while activating the patrol car’s blue lights, blocks the driver’s exit, and then remains in the police cruiser approximately one minute while checking Defendant’s license plate? Answer: Yes, according to the recent Court of Appeals decision in State v. Eagle. In today’s episode, Jake analyzes the Court’s decision and the impact on vehicle stops involving an impaired driver.
Highlights:
- Listen as Jake reviews the key facts involved in State v. Eagle.
- Discover how the Court leans on public policy to support its holding in this case and how the Court’s reasoning can be used in your cases where the State is arguing that a consensual encounter has occurred.
- Uncover the Court’s safety concerns in the context of the free-to-leave test.
- Hear Jake discuss the way in which the Court looks through the perspective of the Defendant in its conclusion and why you should take this approach in your closing argument.
Do you have a mentor to help you grow as a lawyer in the courtroom? Why not take that same mindset to your law firm, and grow your practice to where you want it to be? Allison Williams, the Law Firm Mentor, is the Founder of Williams Law Group, a family law firm she took from a start up to a multi-million dollar business in just over three years. Allison provides business coaching services for Solo and Small Law Firm attorneys helping them grow their revenues and crush chaos in business.
Highlights:
- Listen to Allison discuss some of the biggest hurdles that face the solo and small firm clients that she has helped coach.
- Discover how to streamline your intake process and get at the root of what is driving your potential client’s hiring decision.
- Uncover pitfalls to avoid in hiring and learn about Allison’s extensive hiring process.
What do used cars have to do with practicing law? In this week’s episode, Jake talks about trends coming down the pike in the legal industry after seeing a massive shift in the automobile industry during his recent used car purchasing experience. Technology is bringing colossal changes to almost every industry, and the legal field will not escape unchanged. If you want to prepare your firm for the future, discerning and preparing for the trends that will shape the next decade of practicing law is critical.
Highlights:
- Hear Jake discuss how transparency, ease, and exceptional service were delivered during his recent car buying experience (and why these are important to your law practice).
- Uncover why self-representation will increase and what to do about it.
- Listen as Jake discusses the reasons why DWI charges will decrease significantly over the next decade.
- Discover why staying on the cutting edge of e-filing and virtual court will produce maximum dividends for your firm.
If you have an amazing paralegal on your team, then you understand who is really running your office. Minick Law is blessed with an incredible team of legal assistants, and on today’s episode Jake sits down with his supporting paralegal, Stephanie Heller, to discuss how to build and grow the attorney / legal assistant relationship. This episode is a must listen for every member of your firm from the named partner to the front desk receptionist.
Highlights:
- Discover how to build the relationship between lawyer and paralegal.
- Uncover Minick Law’s secrets to hiring and onboarding a legal assistant.
- Hear Stephanie and Jake discuss the pitfalls that face lawyers and their legal assistants in effective intra-office communication.
- Learn how a great legal assistant can anticipate an attorney’s needs.
At a CLE several years back, one of the presenters told the room, “you’re not a great DWI lawyer until you have lost 10 in a row.” If you fight for your clients, whether in a trial or during a sentencing hearing, you are going to get some proverbial blood on your shirt. Losses are going to happen. In this week’s episode, Jake discusses how to learn from your mistakes and use your losses to improve your advocacy in future cases.
Highlights:
- Learn the value of a defensive back’s mindset: have a short memory.
- Uncover the power of asking for feedback from the judge, prosecutor, and other courtroom personnel.
- Discover why follow up with your client after a disappointing court outcome should be your number one priority.
- Hear about the power of a self-assessment of a loss and the way that Minick Law shares these losses internally.
On today’s episode, Jake examines how to minimize the impact of evidence of refusing chemical testing in the courtroom. If a potential DWI client tells you that the officer said that they had refused chemical testing, you need to know what implications stem from the refusal designation. Given how many defendants are indicated as refusing chemical analysis by an officer, this episode is a must listen for the NC DWI practitioner!
Highlights:
- Learn how to use the North Carolina Pattern Jury Instruction on refusal to teach the judge or jury how to evaluate evidence that your client refused a blood or breath test.
- Uncover why your client not having a driver’s license at the time of being charged with driving while impaired might help you in a refusal case.
- Discover how to bring your client’s motivations, whether expressed or not, for refusing a chemical test into the scope of the judge or jury.
- Find out how to attack the admissibility of a single breath result followed by the officer’s designation of a refusal.
On today’s episode, Jake discusses some ways for freedom fighters to support each other. Aristotle once said that “the whole is greater than the sum of its parts.” This saying squarely applies to each local community of criminal defense lawyers. The way that we support and help our sisters and brothers that practice in our local criminal defense bar paves the way for better representation for clients and improved quality of life for every lawyer practicing in that location.
Highlights:
- Learn why Jake says you don’t need to try a case alone.
- Discover why speaking ill of your fellow lawyers to a potential client should be avoided at all costs.
- Uncover the art of introducing a new criminal defense lawyer to the assistant district attorney or judge in your county.
- Hear Jake discuss some easy ways to help a colleague stuck in a different county navigate cases on the docket.
On today’s episode Jake discusses a subject that is often taboo in the criminal defense community: legal fees. Setting a reasonable fee in any representation begins with a conversation about the value the client is receiving from hiring you to handle his or her case. If you want some helpful guideposts for setting legal fees in a DWI case, this episode is for you.
Highlights:
- Learn why you should always compete in the legal marketplace on value as opposed to price.
- Listen to Jake explain how to meaningfully discuss legal fees with other members of your local bar.
- Uncover some of the considerations that should take place in deciding to change or increase your legal fees.
On today’s podcast, Jake sits down with guest Zac Cohen to discuss how to grow your practice at the local level. Zac grew up in Salisbury before attending Wingate University on a football scholarship. Zac went to law school in Texas but always had plans to come back home to NC and start a traffic ticket law firm. Zac moved home after law school and started his firm in Monroe, NC, which concentrates in traffic tickets and DWI Defense.
Highlights:
- Hear Zac discuss the power of the relationships and network he built as a personal trainer in his local gym and how those have carried over into his legal practice.
- Learn how to build your personal and firm brand through relationships with your clients and other local lawyers.
- Discover the number one search on Google that leads clients to Zac’s website and why this is a testament to the way he has built his practice.
- Listen to Zac’s #1 secret for building a DWI practice and how to charge appropriately for DWI representation.
As hustling and bustling lawyers in state district court, we generally don’t have a ton of legal writing on our plate. However, one place where careful and clean legal writing can have a huge impact is in drafting the preliminary indication following a district court judge granting your motion to suppress. On today’s episode Jake shares tips on how to effectively draft a preliminary indication in any DWI case where the judge has assigned that task to defense counsel.
Highlights:
- Discover why you should ask the judge to allow you to draft the preliminary indication granting your motion to suppress.
- Learn why you should draft the findings of fact in a neutral and bland style.
- Uncover the importance of recording a motion to suppress and how to use the recording in your draft of the preliminary indication.
- Hear Jake explain how the court can set a time limit on the state appealing your client’s case.
Empathy is defined as the ability to understand and share the feelings of another. On today’s episode, Jake examines two critical moments in DWI representation where empathy is critical to WOW representation: (1) the arrest; and (2) the final court date. To understand what your client is feeling in these critical moments, Jake leads a reflection on how to put yourself in the “darkest hour” moments of your own life. If you want to be a better advocate for your clients in “their darkest hour” then this episode is a must listen.
Do you need help interpreting the SBI report you received from the State on your DWI case? On today’s episode, Jake visits with Dr. Korin Leffler, an assistant professor of pharmacology and toxicology at the Brody School of Medicine, East Carolina University. Dr. Leffler holds a PhD in pharmacology and toxicology and helps bridge the gap between science and the law by providing the right steps to meaningfully interpreting the substances identified as present in an SBI lab report.
Highlights:
- Hear Dr. Leffler discuss the difference between pharmacology and toxicology.
- Learn why science demands two forms of testing: presumptive and confirmatory.
- Uncover the testimonial limitations that an SBI lab analyst might face and some big picture challenges to present to an inexperienced analyst being tendered as an expert in pharmacology or toxicology.
- Discover why it may be difficult to determine whether your client was actually impaired by most drugs that are confirmed in your client’s system in a SBI lab report.
For a copy of Dr. Leffler’s CV visit Forensic Resources of IDS.
Contact Dr. Leffler by email at leffler.korin@gmail.com
Back on Episode 7, Jake gave you 10 Keys to District Court Success. On today’s episode, Jake provides 10 more ways to easily and immediately improve your practice in the district courts of North Carolina. If you handle criminal and traffic matters day in and day out in, then minor adjustments to how you prepare for and handle your cases in district court can have an exponential positive impact on the growth of your firm over the long haul.
Highlights:
- Discover the importance to taking a couple minutes at every court date to sit down with your client and talk about nothing.
- Uncover the importance to a client of your being present at calendar call and what to do if you can’t be present to answer for your client.
- Hear Jake discuss why you never miss the opportunity to talk to an officer about your case before it is called for hearing.
- Learn why you should always physically walk your client to where they need to go after court to pay costs or set up community service.
Today’s episode is a reflection on the incredible retreat our team just returned from in Gastonia NC. We stayed at the beautiful Esquire Hotel in Gastonia, and our retreat included a mock trial exercise at Gaston College, an excursion to Top Golf in Charlotte, an adventure at the Whitewater Center, and an amazing firm dinner at Barrister’s restaurant. On today’s episode Jake gives some practical tips for how to maximize your firm event, outing, or retreat as well as why this time outside of the normal work environment is so helpful. If you are looking to do a team building exercise or celebration with your law firm, don’t miss today’s episode!
Highlights:
- Learn why down time with your team is so critical to building the best culture at your office.
- Uncover the value of having a professional photographer capture your firm event.
- Listen to Jake discuss the importance of making the team experience unique and how to make this happen.
- Discover the value of having an event planner (if you are not a detail-oriented person), coordinating your team experience.
Understanding the results of an SBI lab report is critical to diagnosing possible attack points on a DWI charge. On today’s episode, Sarah Olson, the Forensic Resource Counsel for the Office of Indigent Defense Services, sits down with Jake to discuss the proper interpretation of drug lab results, how to use an SBI analyst from the crime lab to your advantage, and the free resources available to North Carolina DWI defense lawyers dealing with blood results. Sarah gives practice pointers for any case involving an SBI report and divulges a plethora of online resources for your further research.
To get the most out of today’s episode, we highly recommend watching the video version of the episode. Sarah shares PowerPoint slides that are extremely helpful in following the conversation.
To get access to the incredible resources that Sarah has created, please visit: https://forensicresources.org/about/
Highlights:
- Gain a basic framework for interpreting the results of a drug analysis.
- Learn the impact of the lab not being able to quantify results and the meaning of cutoff and therapeutic levels related to impairing drugs.
- Understand how to limit the testimony of lab analysts by keeping them in their specific discipline and how to check their curriculum vitae to determine if they are certified.
- Discover some of the incredible free resources available to help you better defend cases involving a lab report/analyst.
During Q3 of 2022, Minick Law’s theme as a team is leveling up. In this week’s episode, Jake discusses why you should level up as well as some practical tips for doing so. If you want to improve yourself as a personal and a professional (which everybody should be in this camp!), then this week’s episode is a can’t miss!
Highlights:
- Hear Jake explain the concept that as the competition in legal services continues to improve, if you are just maintaining your practice then you are dying.
- Learn why accountability is so important to becoming the best version of yourself.
- Listen to Jake discuss the ridiculousness of the proposition that you can do it on your own and don’t need a coach.
- Eliminate “I don’t have time” from your vocabulary.
In any trial, a lawyer worth her salt wants to avoid uncertainty regarding the testimony that will come out at trial. Helpful or hurtful as the testimony may be, knowing what an officer is going to say from the witness stand is critical to assessing the chances of success at trial and effectively defending a client charged with DWI. In this episode learn the value of the officer’s report and how to lock the officer into the observations noted in his field notes and the written report. As the Basic Law Enforcement Training Manuel notes: “If it isn’t written down, it didn’t happen.”
Highlights:
- Uncover the references in the NHTSA Participant Manual and BLET Student Manual conveying the importance to officers of clear, complete, and accurate report writing.
- Discover the simple string of questions that will lock the officer into the four corners of their report during cross-examination.
- Understand the difference between field notes (often jotted down at the roadside) and the final written report of the officer and how both are emphasized as necessary during officer training.
- Learn the three forms of communication the State uses to convey the narrative of what occurred during a DWI investigation and how these three narratives interplay and may contradict one another.
Every lawyer will have to respond (often regularly) to a client who is upset about some aspect of his or her case. Whether the client’s angst or anger is directed at you/your team or at a third party (ex. court, clerk’s office, DMV, alcohol assessor, etc.), responding correctly to your client in these moments of crisis is critical to your practice. In this episode, Jake discusses (1) how to avoid having upset clients and (2) how to deal with an upset client.
Highlights:
- Uncover why it is so important to the health and happiness of your team to be selective in the cases that you accept.
- Discover why a transparent discussion with your client regarding your office policies on payment, communication and treatment of your staff should be had early in the attorney-client relationship.
- Hear Jake discuss the tremendous benefits of a lightning-fast response to an upset client.
- Learn how a great response to an upset client can be a part of the WOW experience you offer.
On today’s episode, Jake explains why lawyers, especially criminal defense lawyers, need heroes to emulate and the value of standing on the moral high ground in the profession. On this feast of Thomas More, patron saint of lawyers, Jake reflects on three characteristics he thinks all heroes possess: (1) courage; (2) selflessness; and (3) humility. If you want to build a practice designed to last, you need to look to those who have modeled exceptional lawyering.
Highlights:
- Uncover the challenges facing criminal defense lawyers who desire to be courageous and wish to stand on the moral high ground.
- Discover why occupying the moral high ground is critical to the success of your legal practice.
- Hear Jake reveal where to look for lawyer heroes.
- Respond to the call to reflect on those you consider your professional heroes and how you can better follow in their footsteps.
On today’s episode, Jake has guest James Davis back on the podcast (Episode 50). An incredible criminal trial lawyer, James has recently changed career paths to follow his truth passion: helping lawyers achieve financial independence. As a long-time criminal defense lawyer, James understands the time pressures of being a practitioner in district court and the importance of having a co-pilot monitoring your financial blinds spots on a full-time basis. If you are looking for some immediately implementable wealth strategies in your life and are looking for financial freedom tune into this conversation.
Highlights:
- Hear James talk about his reason for changing career paths and why his mission is to help lawyers achieve financial success.
- Understand why James believes that many lawyers are rich, but few are wealthy.
- Discover some retirement and wealth building strategies that you can instantly utilize in your law firm and in your life.
- Listen as James and Jake discuss the value and obligation of helping your employees move toward financial independence.
On today’s episode, Jake discusses two general ways to attack reasonable suspicion in impaired driving cases. First, Jake talks about how to argue that the officer has prematurely stopped your client. Second, Jake explains the importance of arguing that your client’s driving fell within the broad range of normal driving behavior. If the traffic stop is not based on the observation of a statutory violation, these two arguments are likely to apply to your case.
Highlights:
- Learn what the NHTSA manual lays out as the options for an officer who is deciding whether or not to stop a vehicle suspected of DWI.
- Hear Jake discuss how to articulate that the officer’s best course of action was to continue to follow the vehicle instead of stopping it since the standard for RAS includes looking at the stop through the eyes of a “cautious officer.”
- Discover some of the cases that have looked at driving through the lens of “conduct falling within the broad range of normal driving behavior.”
On today’s episode, Jake continues the conversation he began on Episode 110 with his brother Jeremy Minick. Jeremy founded, Enable Design, a web-based marketing company when he was 20 years old and is currently the Marketing Director at SmartRoof Inc., a company with over 250 employees. Jeremy has been an integral part of Minick Law’s marketing strategy and execution and his fingerprints are found everywhere on the firm’s website and in the culture of our firm. If you get excited by marketing or company culture this episode is a must listen! Highlights:
- Hear Jeremy discuss how the greatest evolution he observed at Minick Law, or any company, is putting your team first.
- Uncover Jeremy’s tips for vetting a potential marketing company for your law firm.
- Learn how to get the most out of a marketing agency or web designer.
- Uncover some of the greatest marketing breakthroughs at Minick Law over the last 10 years.
On today’s episode, Jake is joined by his brother Jeremy Minick. Jeremy started a web-based marketing company, Enable Design, when he was 20 years old and created massive growth in his organization over the next 5 years. In 2020, Jeremy joined SmartRoof Inc, a company that currently has over 250 team members, to become its marketing director. Jeremy has been involved in many of the marketing breakthroughs at Minick Law and has seen the twists and turns that the firm has taken firsthand. If you want to brand your firm or have an interest in legal marketing this episode is a can’t miss!
Highlights:
- Listen to Jake and Jeremy take a trip down memory lane as they look back at the early days of marketing at Minick Law.
- Learn some of the takeaways that Jeremy had from the print marketing done at Minick Law.
- Discover why Jeremy believes that your marketing focus should be on the “who” you are speaking to and not the “what” you do.
- Hear Jeremy discuss the power of Building a Story Brand by Donald Miller and how the template laid out by Miller should guide your marketing message.
One of the essential elements of Driving While Impaired requires the State to prove where the driving occurred. For purposes of DUI, the driving must occur on a street, highway, or public vehicular area. On today’s episode, Jake looks in depth at this element, including the statutes and case law that define this element of DWI. If you want to learn how to present a PVA issue to both a judge and to a jury, this episode is for you.
Highlights:
- Hear Jake pound home the importance of emphasizing this element to your judge or jury and the burden of proof that comes with it.
- Uncover the statutory framework for defining street, highway, public vehicular area, and private road.
- Discover the case law associated with this element and a deep dive on State v. Ricks, a North Carolina Court of Appeals case that grappled with the public vehicular area issue.
- Learn why it is important to do site investigations on any case involving a PVA issue.
On today’s episode Jake discusses the changing landscape of legal marketing and branding with the advent of voice search. Advances in AI voice technology is generating more and more searches by voice command. Lawyers need to prepare for an age where a potential client searches for legal services by voice command and understand the basics by which that voice technology is operating.
Highlights:
- Meet your two best referral partners in the coming years of your law practice: Siri and Alexa
- Learn how AI is responding to requests for services (including legal services) and how to rise to the top of voice search inquiries.
- Discover the comeback of referral-based marketing and why building your brand and referral sources are so important in the age of voice search.
- Uncover why there are no shortcuts in winning in the age of voice search and the importance of building a world class client experience.
Listen in today to hear Jake talk about one of the core values at Minick Law, P.C.: Innovative Systems. If you don’t utilize systems at your firm then, simply put, you don’t have a business. Systems are the means by which your firm gets things done efficiently and consistently. However, your systems cannot become static. Once a system becomes outdated or there is a better means to accomplish the same goal, then your systems must be updated or thrown out altogether.
Highlights:
- Hear Jake discuss what the systems looked like at Minick Law in the early years and how they have been improved.
- Discover the incredible impact that Michael Gerber’s E-Myth had on Jake during a summer beach trip and the way that this book shaped Minick Law.
- Learn why innovation, creativity, and imagination are so important for improving your current protocols at the office and how they can help improve law in the future.
- Uncover the vital role that outsourcing can play in the development of your systems at the office.
Today we have attorney Emily Gibson on the podcast to discuss some of the immigration consequences of a DWI. After college, Emily worked as an AmeriCorps volunteer at The Hispanic Liaison, a non-profit organization providing services to immigrants in Chatham County. Her experience fighting for immigrants gave Emily the motivation to take the LSAT and go to law school. After graduation Emily, worked for 3 years at the Buncombe County Public Defender’s Office before opening her own firm practice. Gibson Law, PLLC primarily focuses on criminal defense.
Highlights:
- Listen to Emily give an overview of the types of immigration status and how they differ in the big picture.
- Discover why Emily thinks it is so important to be working with a client’s immigration attorney directly to make sure that what is happening in the criminal courtroom is in the client’s best interest.
- Learn why paying the civil revocation fee is a must even if a client does not have the ability to get a driver’s license.
- Uncover some of Emily’s secrets to delivering WOW experience to her clients with criminal charges that also face immigration issues.
Today on the podcast Jake discusses one of the most important areas of DWI Defense because of the frequency with which it is utilized by law enforcement: the officer hand off. Many DWI investigations begin with a stopping officer who has limited training in DWI. These inexperienced DWI officers will call for a second officer to come to the scene to do a DWI investigation and determine if the driver is impaired. These scenarios are often rife with seizure issues, both in terms of unlawfully prolonging an initially valid stop, and in possibly converting the investigation into a de facto arrest requiring probable cause. If you defend DWI cases in North Carolina today’s episode is a must listen.
Highlights:
- Listen to Jake analyze Rodriguez v. United States in the context of prolonging a traffic stop to conduct a DWI investigation.
- Uncover the case law and reasoning as to why the odor of alcohol alone does not give an officer reasonable suspicion to extend a traffic stop.
- Discover when the courts have determined that a de facto arrest has occurred thus requiring the State to show that probable cause for the arrest existed (before the second officer arrives on scene).
- Learn why DWI investigatory hand off situations are so common in law enforcement and why this is creating circumstance where 4th Amendment issues are so likely to arise.
Today we have Texas Lawyer Craig Greening on the Podcast to discuss the growth of his law practice and the evolution of the legal marketing landscape. Craig is a former district attorney who prosecuted numerous DWI and felony cases. Craig has been practicing more than two decades and opened his own office in 2010. Craig is a state board certified specialist in Criminal Trial Law and author of the Fifth Circuit Criminal Handbook.
Highlights:
- Listen to Craig explain how marketing has evolved in the legal industry as well as in his practice specifically.
- Uncover some of secrets to Craig’s success in competing in a large market.
- Hear some of the game changing moments of Greening Law’s growth that have completely changed the trajectory of Craig’s firm.
- Learn why having a coach or mentor is one of the keys to success in elevating your law practice.
Today we continue our DWI Masters Series, with part two of our conversation with DWI Master David Teddy. David is a board certified specialist in criminal law, a member of the National College of DUI Defense, the inaugural recipient of the John Rubin Public Defense Teaching Award, recipient of the State Bar’s John B. MacMillan Distinguished Service Award, and the original author of Teddy’s North Carolina DWI Trial Notebook. Don’t miss out on some of the greatest advice you will ever hear on how to grow your DWI practice the right way.
Highlights:
- Listen to David talk about the importance of trying cases in front of a jury.
- Hear David discuss the disconnect theory and how to apply this theory to high BAC cases.
- Discover David’s techniques for talking about the breath testing device as the Government’s most important witness and how to undermine the credibility of that witness.
- Learn how David discusses the jury instructions and explains reasonable doubt to a jury and how he uses graphics to emphasize his position during closing argument.
Today we continue our DWI Masters Series, with longtime Shelby attorney David Teddy. If you are looking for the Trial Notebook for a North Carolina DWI Defense Lawyer, David Teddy is the author. Teddy’s North Carolina DWI Trial Notebook is now in it’s third edition and the go to defense manual for DWI lawyers in North Carolina. David is a lawyer’s lawyer; frequently teaching other members of the criminal defense bar how to improve their DWI Defense based on his incredible knowledge and experience that has spanned three decades. Highlights: * Listen to David talk about how his involvement on the debate team at the University of Tennessee sparked his interest in law and how he talked his way into law school. * Get David’s best practices for preparing your DWI case and client for court. * Uncover how David began to concentrate in DWI defense and the self-education process he went through to prepare himself to defend clients facing a DWI. * Learn how David uses confirmation bias when attacking the PBT and standardized field sobriety tests performed by the officer.
We often hear people compare difficult drawn-out challenges to running a marathon race. Building a business is one of the ultimate long games you can play and in this episode, the NC DWI Guy compares growing your legal business to running a marathon. Having just run an actual marathon, Jake applies the lessons learned from training for the race to growing a successful law practice. Jake identifies 10 ways that running a marathon is comparable to growing your practice:
- Mindset – strengthening your mind is the most important muscle to grow in both preparing for a marathon and building your business.
- Training – you can’t win at business, in the courtroom, in life, or a race without putting in the reps.
- Identity – are you a runner (or legal business owner) or are you someone who runs a marathon (or dabbles in criminal defense)?
- Accountability – running and practicing law can sometimes feel like lonely endeavors. This is why you need an accountability team to encourage you and keep you on pace to hit your goals.
- Process Oriented – is your favorite part of practicing law preparing your case (like training for the race) or hearing the words not guilty (like crossing the finish line)? Are you process driving or results driven?
- Systems – if you want to give yourself the best shot at any challenge you need to become obsessed with the details.
- Goals – what is your goal in business? Is it to cross the finish line (i.e. survive) or to hit a specific number (i.e. attack)?
- Competing with yourself – in any athletic race you are primarily racing against yourself (trying to beat your previous best time). The same thing is true in business. You are not competing against other criminal defense lawyers; you are competing against who your law firm was yesterday.
- Mentorship – in a marathon the easiest way to stay on pace is to get behind a pacer. You need to be the pacer in your law firm and make it easy for your team to follow your path to the finish line.
- Support system – a marathon is difficult especially in the late miles before the finish line. No matter what challenges we face, the power of cheerleaders encouraging us to keep going cannot be understated.
- BONUS: Don’t Quit – one of the most important keys to crossing the finish line during a marathon race is to just take the next step. No matter how many miles are left on your business goals, commit to keep inching toward them.
100 Episodes! So grateful to Freedom Fighter Nation for the comradery and support of this show! On today’s episode, Jake introduces the next DWI Master … YOU! The path to becoming a DWI Master has never been easier because of the access to educational materials and due to the role models, the current DWI Masters, that we have to look up to and emulate. There is no excuse for not becoming the next DWI Master if that’s what you want to do. On today’s episode Jake gives some practical tips for developing into a DWI Master.
Highlights:
- Learn how to build the right habits to support your dream of becoming one of the great DWI trial lawyers.
- Uncover how to get a mentor and the importance of sitting down with the lawyers that are currently the gurus of criminal defense.
- Discover how to get meaningful feedback on your trials and why humility is the number one virtue when it comes to courtroom improvement.
- Understand the importance of in person CLE events and how networking with other DWI lawyers is critical to becoming a DWI Master.
On today’s episode, Jake examines the #1 characteristic of a DWI master: Passion. We’ve spent the last 10 episodes visiting with some of the DWI Masters and looking at the common characteristics of a DWI Master. No matter how much education on DWI topics you sink your teeth into, no matter how many cases you try, no matter how much you spend in time and money building your DWI practice, you will never become a DWI Master unless your identity as a lawyer is to defend and help clients charged with driving while impaired.
Highlights:
- Hear Jake compare what made Tom Brady the GOAT in football with what makes a great DWI Lawyer.
- Learn why burnout will ultimately occur for any attorney who is not passionate about criminal defense.
- Understand how discovering your “why” for wanting to be a DWI Master is crucial if that’s your goal.
On today’s episode, Jake examines a critical aspect of becoming a DWI master: trying cases. There is no greater indicator of a DWI master than the number of DWI cases that attorney has taken to trial. Practice makes perfect, and the best means of putting your skills into practice is by taking cases the distance in the courtroom. If you are looking for motivation to become “the man in the arena” as Teddy Roosevelt would say, this episode is a must listen. Highlights:
- Discover why Jake does not believe that you are a real DWI defender until you have lost 10 cases in a row.
- Hear Jake discuss why it is important for attorneys across the defense bar to try difficult DWI cases.
- Learn about some of the barriers to trying cases and Jake’s tips for overcoming them.
- Become inspired to pursue mastering DWI law by walking the road less travelled, the long and arduous road of fighting case after case in the courtroom.
On today’s episode of the podcast we look at another trait necessary to becoming a DWI Master: marketing. All great DWI trial lawyers are great marketers but this may not be what you think. You don’t have to be highly skilled at advertising or SEO in order to be a great marketer. In the words of Tom Fishburne, “the best marketing does not feel like marketing.” Being a great marketer at the end of the day means that you are clearly communicating your brand to the public through the art of storytelling.
Highlights:
- Discover how the mindset that “the best cases go to the best marketers” mandates that the top DWI lawyers be great at marketing.
- Understand why fundamentally marketing is the art of telling the story of you and your firm.
- Learn why referrals stem primarily from (1) great service and (2) great outcomes, and in that order of importance.
- Uncover why unhappy clients are your best means of improving your service to create the ideal client experience.
Today we continue our DWI Masters Series with a review of one of the character traits shared by all the DWI Masters: being a student of the law. Educating yourself on the nuances of DWI issues is one of the most important steps toward becoming a Master in the courtroom. In today’s episode, Jake emphasizes the importance of education and offers practical steps in growing your knowledge of DWI law.
Highlights:
- Listen to Jake reflect on why being a student of the law is so important in your journey to becoming a master.
- Learn how easy it is for the modern lawyer to improve his knowledge of DWI issues.
- Hear Jake discuss the importance of carving out time to study these legal issues.
- Discover the best free way to improve your knowledge of DWI legal issues, trial tactics, and argumentation.
Following last week’s episode, Marcus Hill is back to continue the conversation. On today’s episode Marcus shares his strategy for preparing a district court DWI case for trial. Due to his practical approach in handling DWI cases, this episode is full of tactical tips that will change the way you practice DWI defense. Marcus lives to try cases in district court and the preparation methods he uses are immediately implementable in your practice. If you want to improve the way you prepare for courtroom battle, listen in to DWI Master Marcus Hill. Highlights:
- Uncover when and how Marcus prepares his client for appearing at and testifying in district court.
- Listen as Marcus describes how he gets his client involved in the investigation of a DWI charge.
- Hear Marcus talk about the important of staying up to date on case law, both favorable and adverse.
- Learn why Marcus’ #1 tip for young lawyers is: care about your client.
Today we continue our DWI Masters Series, with Durham County attorney Marcus Hill. Despite having handled criminal, traffic, and DWI cases for over 30 years, Marcus is always looking to improve his knowledge of DWI law. He spends many hours each month researching the latest cases, legal treatises, scientific literature, and articles on the subject of drunk driving defense, allowing him to be on the cutting edge of DWI defense at all times. Marcus has spoken at numerous seminars about various aspects of DWI defense and his website is packed with great resources for lawyers who handle DWI cases. You do not want to miss the entertaining and enlightening way that Marcus discusses practical tips for handling your DWI case. Highlights:
- Hear Marcus tell the story about how he knew he was going to be a lawyer at six years old.
- Understand why Marcus’ life and practice motto is: Do the Last Thing First.
- Discover why Marcus writes his closing argument to the jury immediately after his initial conversation with the client.
- Learn the reason Marcus believes lawyers have the ability to be heroes in the lives of their clients and why this is so important to your practice.
Today we continue our DWI Masters Series, with Buncombe County attorney Al Messer. Al joined us on last week’s episode and today Al and Jake discuss some of the keys to attacking a DWI charge based on a lack of probable cause. Probable cause is one of the most frequently utilized attacks the defense can assert in a DWI case, so make sure to tune in to hear a DWI master give his tips on this defense.
Highlights:
- Listen to Al unpack some of the critical evidence generally used by the State in establishing probable cause.
- Learn why Al routinely asks to sequester officers before evidence is presented in a motion on probable cause.
- Discover some best practices for drafting a preliminary indication following a district court judge’s decision to grant a motion to suppress.
- Hear Al discuss the importance for young attorneys to tap into the experience of seasoned lawyers through listservs and individual conversations.
Today we continue our DWI Masters Series, with Buncombe County attorney Al Messer. Mentor is defined as “an experienced or trusted advisor, particularly of a younger colleague.” Al has acted as an incredible example and mentor to numerous younger attorneys in the local bar, including the host of this Podcast. Established as one of the great criminal defense attorneys in the Asheville area, Al has always gone out of his way to help others in the criminal defense bar whenever they have a question. Celebrating his 25th year in practice, he is board certified in both state and federal criminal law. Al shares some of the keys to building his successful practice in today’s episode.
Highlights:
- Hear Al discuss the importance of establishing trust early in the initial conversation with any potential client and his method for doing this.
- Uncover why Al considers client communication critical to the success of his practice.
- Discover Al’s modus operandi for handling a district court DWI client from initial phone call to final court date.
- Listen as Jake and Al discuss the importance of mentors to the criminal defense bar and how Al’s mentorship has been instrumental in Jake’s practice.
Today Jake and James Davis continue the conversation they began on Episode 90, which kicked off the DWI Masters series. On this episode, James Davis shares the riches of his extensive jury trial experience. James was born to stand in front of a jury. He has tried a plethora of criminal cases including murder, trafficking, armed robbery, and obviously DWI cases. He also had extensive jury trial experience on the civil end of the spectrum having tried personal injury, medical malpractice, and alienation of affections just to name a few. If you have a jury trial upcoming or want to take a DWI to Superior Court, this episode is for you!
Highlights:
- Learn how James introduces himself to the jury and how this introduction gives him a position of authority right at the outset of trial.
- Hear why James believes it’s important to disclose bad facts about his client’s case during voir dire and his method for doing so.
- Uncover how James uses the pattern jury instructions to give authority to the arguments and communications he has with the jury.
- Discover some of the nuggets that James offers on effective closing based on his vast jury experience.
Today we begin our DWI Masters Series, during which we will hear from some of the top DWI Defenders in North Carolina. On today’s episode, Jake sits down with dedicated trial lawyer and passionate educator of all things related to DWI, James Davis. James is board certified in State Criminal Law, Federal Criminal Law, and Family Law. His incredible desire to help all lawyers hone their craft is evidence by his vast track record of teaching CLEs and creating and sharing legal resources. If you want to get fired up by someone who cares about the law and about his clients, James Davis will not disappoint!
Highlights:
- Learn why James became interested in DWI law and his passion for trying cases.
- Uncover the process that James uses to prepare for a DWI case.
- Discover the top tips James offers for young lawyers who want to improve their defense skills.
- Hear why James places an emphasis on “the practice of law” and why it is so important to him to constantly be improving his skills as a practitioner.
On today’s episode, Jake encourages you to spend some time as you close out 2021 reflecting on the blessings you have been given this year. St. Gianna Molla said that “the secret of happiness is to live moment by moment and to thank God for what He is sending us every day in His goodness.” Fostering an attitude of gratitude is critical to maximizing your mental health and will drastically increase the quality of life in both the personal and professional realm.
Highlights:
- Learn how the spiritual exercise of a nightly examine incorporates gratitude.
- Understand why gratitude is critical to improving the culture of the criminal defense bar and the lives of its members.
- Uncover how a culture of complaining fosters a spirit of resentment and the far-reaching impact this can have on your quality of life.
- Hear Jake’s call to action for a gratitude reflection to close out your year.
On today’s episode, Jake has the chance to sit down with Dan Gerl of Puget Law group. Dan has helped build and grow his firm into one of the leading DUI defense firms in the country and offers incredible insight on how to create a world class client experience. With a background in graphic design and experience as a former prosecutor, Dan has created a firm culture which blends cutting edge legal marketing with outstanding legal representation.
Highlights:
- Listen as Dan discusses some of the difficulties he has encountered in growing his legal practice.
- Hear Dan explain some of the key components of his firm’s company culture.
- Gain insight into how Puget Law Group has upped the game when it comes to delivering exceptional client experience.
- Discover how Dan’s background as a graphic designer with an eye towards marketing has helped him build his firm’s brand.
On today’s episode, Jake has the chance to sit down with former trooper, Brandon White, who now runs a statewide law firm that handles DUI and criminal cases. Brandon brings incredible energy and amazing information on how to grow and build your DUI defense practice. Brandon shares how his 10 years of experience as a law enforcement officer both helped him prepare his cases for trial as a defense lawyer and inspired him ultimately to open and grow a client centered law practice. Brandon is one of the most passionate attorneys (and human beings) you will ever meet so don’t miss out on this great conversation!
Highlights:
- Hear Brandon share some of the most frequent mistakes officers make during their investigations.
- Learn how Brandon’s investigations of DUI improved during his time as a trooper and the most effective techniques officers utilize in DUI investigations.
- Discover how Brandon went from being a trooper to a lawyer and how his view of the justice system shaped the mission of his law firm.
- Uncover some of the keys to success that Brandon utilizes to shape the culture of his firm.
As more and more states legalize the use of marijuana for both medicinal and recreational purposes, the manufacture, sale and use of marijuana will continue to rapidly increase. One anticipated effect of this increased use of legalized marijuana will be an increase in the number of marijuana related driving while impaired charges. On today’s episode, Jake does a deep dive into an incredibly powerful resource, Marijuana Impaired Driving, a 2017 report by the National Highway Traffic Safety Administration (NHTSA) to Congress. As you prepare to gear up your defense skills for a marijuana related DWI case, today’s episode is a must listen!
Highlights:
- Uncover why the NHTSA report says that THC blood levels in a suspect do not correlate well with impairment levels or the ability to operate a vehicle.
- Find out how to use the rules of evidence to get this report into evidence under the learned treatise hearsay exception.
- Learn why the report suggests that setting a per se limited for THC found in the blood is not supported by science.
- Discover why it is helpful to pass this report along to your district court judges before you have a case where you anticipate using the report in your defense.
If you want the same results in 2022 that you got in 2021, today’s episode is not for you! Today we are talking about the importance of setting aside time during the generally slow month of December to create a better version of your firm going into 2022. Use slow to grow! Jake encourages you to set aside 4 hours to answer 3 very important questions. The answers to these questions are critical to incrementally improving your legal business, so make sure to take a listen and then set aside the time to sit down and answer them yourself!
Three questions for 2022 planning:
- How can I improve my service? Listen to Jake discuss how to conceptualize improvements to your client experience.
- How can I improve my process? Discover how minor changes in your internal systems can save you days of time over the course of the year.
- How can I improve my people/myself? Learn how to build your own self-improvement program and the importance of elevating your team through training.
Client communication is mandated by the North Carolina Rules of Professional Conduct. However, more than being merely an obligation, great client communication is one of the best areas to focus on in creating the ideal client experience. Don’t ignore client communication because you are going to need to communicate with your clients in exactly 100% of the cases you handle. There is no way around communication with your client so you might as well spend the time and thought to get it right and keep working at improving your communication mechanisms. On today’s episode Jake dispels the myths that operate as excuses for poor client communication and gives tips on how to effectively communicate with your clients.
Highlights:
- Listen to Jake talk about how the primary excuse for poor client communication is a lack of time when, in reality, you don’t have time not to effectively communicate with your clients.
- Learn why it’s so important to communicate with your client in writing if at all possible in addition to any phone or in person conversations you have with your client.
- Hear tips on how to proactively communicate with your client and why proactive communication is so important to the client experience.
- Uncover some easy ways to get on the same page with your team so that your internal communications about a case can improve your external conversations with your clients.
“Teamwork makes the dream work,” says John Maxwell in his book Teamwork 101. If you have a Big Hairy Audacious Goal, the only way you will achieve that goal is through the power of your team. Who is your team? The answer to that question is the great lawyer answer: “it depends.” If you are a solo practitioner your team is comprised of your family, your colleagues, your referral network, your community resources, and your clients. No matter what your firm size or makeup, if you have a great vision for where your firm is headed, you are going to need a team to get you there.
Highlights:
- Hear Jake unpack the quote “individuals win games, but teams win championships.”
- Learn what John Maxwell means by the Law of Mount Everest and how teams are critical to achieving big goals.
- Discover why the “will to win” is such a critical characteristic of a great team.
On today’s episode Federal District Court Judge Robert Conrad sits down with Jake to discuss his new book Keeping Their Souls While Losing Their Heads. Judge Conrad’s work looks at the lives of Saints John Fisher and Thomas More and the great life lessons that we can draw from these two incredible men in our own day and time. Due to his experience as a federal judge, federal prosecutor and defense lawyer, Judge Conrad’s in depth look at the lives of these two great saints is often through the lens of an attorney. While a great read for anyone interested in learning about Fisher and More or focused on self-improvement, Judge Conrad’s discussion of these two figures is particularly applicable for the modern attorney.
Highlights:
- Discover why Judge Conrad believes that one of the lessons flowing from Fisher and More is that “the pursuit of truth is a costly thing.”
- Listen to Judge Conrad discuss the value of being detached in the legal profession and how this can equip us to be better lawyers but more importantly happier people.
- Learn what Fisher and More believed leading a “significant life” looked like and why this is so important for professionals in prestigious fields such as the law.
- Hear Judge Conrad and Jake discuss the importance, following Fisher’s example, of speaking your conscience even when you are seemingly alone in your convictions.
For every lawyer, the ultimate finality of victory and defeat are part of every case that goes to trial. “Winning is everything,” says Tim Grover in his new book Winning, which Jake discusses on today’s podcast. How do you develop the mental toughness to become a winner? This is the question that Grover attempts to answer in his book and Jake examines in this episode.
Highlights:
- Learn why Grover believes that fear of defeat is something we learn as children, not born with.
- Understand the distinction between fear and doubt and how fear is motivating and doubt debilitating.
- Uncover where confidence comes from and why, in Grover’s words, “confident people are their own special breed of killers.”
- Discern the importance of urgency when it comes to winning at the highest level.
On today’s episode Jake discusses the Community Caretaking exception to the warrant requirement as laid out in State v. Smathers. Where there is no reasonable suspicion or probable cause to believe that a traffic violation or crime has occurred, the purported basis for conducting a traffic stop that ultimately leads to a DWI arrest will frequently be the community caretaking doctrine. In this episode get a framework for how the community caretaking exception should be applied and the attack points that exist when contesting the validity of this exception.
Highlights:
- Learn the elements of the three-part test established under State v. Smathers.
- Uncover key language from the North Carolina appellate courts that can be used in an argument on the community caretaking doctrine
- Get a detailed outline on how to present a defense argument on a community caretaking exception stop.
- Listen as Jake discusses the facts and reasoning of several recent appellate cases where the court did not find a community caretaking function to exist.
On today’s episode Jake discusses how to become a time management champion. As district court misdemeanor and traffic lawyers, we are blessed (or cursed depending on your frame of mind) with lots of down time waiting on our cases to be called. Listen as Jake gives a call to action on the importance of utilizing your down time wisely followed by specific practical advice on how to maximize your waiting periods in court.
Highlights:
- Listen to Jake give specific examples of how to fill your waiting time in court.
- Understand how much down time can be wasted for a lawyer who waits in district court 2 hours a day for a year (hint: 500 hours).
- Learn how you can use your waiting time in court to grow referral relationships and connect with other members of the bar.
On today’s episode, Bruce Denson, of The Denson Firm, joins Jake to share how he developed core values for his legal business. Bruce has been practicing law since 1994, first as a prosecutor and then as a defense attorney. He focuses his criminal defense practice in DUI defense. In his conversation on the podcast today, Bruce shares the story of how a desire to help those struggling with addiction by taking them on a paddle boarding outing where he discussed life lessons, ultimately led to him uncovering his personal and, subsequently, his firm’s core values. After uncovering these core values, he began teaching a legal CLE using these core values and ultimately wrote a book on the same titled Lawyer Up. Don’t believe in core values? You will after listening to today’s episode with Bruce Denson.
Highlights:
- Hear Bruce talk about how he stumbled upon the core values that he uses as a compass for his life and for his legal practice.
- Get simple tips on how to uncover and develop your core values.
- Listen to Bruce talk about the evolution of his core values both personally and professionally.
- Uncover the importance of core values for your business and how to communicate these values to your team.
On today’s episode we conclude our 5-part series on NC DMV hearings with special guest and DMV guru Chris Brooks. Chris began working as an Assistant Attorney General in 1998 and has been a Special Deputy Attorney General since 2016. He has represented and advised the Division of Motor Vehicles on criminal and civil matters in administrative hearings, district court, superior court, the North Carolina Court of Appeals and the North Carolina Supreme Court. Chris has taught numerous Continuing Legal Education Courses on DMV related topics and answers numerous inquiries a day from defense attorneys across the state about DMV records for specific drivers. Chris is an absolute wealth of knowledge and is an incredible communicator. This is a must listen for all DWI practitioners!
Highlights:
- Learn the most common mistakes that Chris sees attorneys make during representation that can impact their clients license negatively.
- Hear Chris discuss best practices and specific things to watch out for when drafting limited driving privileges.
- No credit for you! Gain insights into the technical issues to BOLO for when it comes to ensuring that your client gets credit for their required ignition interlock time.
- Get Chris’ list of best practices as you prepare for any type of DMV hearing.
On today’s episode Jake continues a 5-part series on DMV hearings in North Carolina by discussing some best practices for DMV Representation. No matter what kind of DMV Hearing you are preparing for today’s episode will give you practical tips for improving your chances of walking out of the DMV with your client’s driving privileges restored or preserved. You owe it to your client to put your best foot forward in any hearing, so give yourself a leg up and tune in!
Highlights:
- Understand what some of the demands of a DMV Hearing officer are so you have a better perspective of a hearing officer’s vantage point and scheduling challenges.
- Learn the importance of a polite and respectful tone from both you and your client in any communication with an administrative hearing officer.
- Hear the importance of introducing yourself to the administrative officer prior to the start of an DMV Hearing.
- Uncover why it is necessary to put on your teacher hat and explain extensively any cases or statutes you are arguing during your closing to the hearing officer.
On today’s episode we continue our 5-part series on DMV hearings in North Carolina by discussing how to prepare for an ignition interlock hearing based on a blow and go violation. Getting an error message from the ignition interlock device can be an extremely anxiety provoking experience for your client and having answers for your client when they call following this experience can provide clarity and relief on what his next steps should be.
Highlights:
- Learn when an ignition interlock device is required in NC and how long it must remain installed following certain license revocations.
- Discover why getting a copy of the logger reports from your client’s ignition interlock provider should be among your first steps after being retained.
- Determine how to prepare your client for an ignition interlock hearing.
- Uncover some mitigation steps your client can take before an ignition interlock hearing.
On today’s episode we continue our 5-part series on DMV hearings in North Carolina by discussing DWI restoration hearings following a DMV suspension for multiple DWI convictions. Helping a client have his or her license restored after a multiple year suspension has been one of the most rewarding experiences in my career. Your client’s driving privileges are on the line at a restoration hearing so make sure you are prepared to give your client the best chance of having his license restored. Take a listen to today’s episodes to get a behind the scenes tour of how we prepare for a DWI restoration hearing.
Highlights:
- Learn why your first step in any DWI restoration consultation should be to order a driving record.
- Discover how to prepare your client and your client’s witnesses for the questions they will face during the hearing.
- Understand the timeframe of your client’s eligibility for a hearing and the two-part hearing process in a DWI restoration hearing.
- Get a sneak peak of the hearing process so you can let your client know what to expect before you arrive at the DMV.
On today’s episode we begin a 5-part series on DMV hearings in North Carolina by discussing refusal revocations related to an implied consent offense. For anyone that regularly handles DWI cases, understanding the impact of a refusal revocation is critical to providing high quality representation to your client. One of the biggest collateral consequences resulting from a DWI charge is the impact on your client’s license and one of the most difficult revocations to navigate in NC is a refusal revocation.
Highlights:
- Determine why it is important to discuss the consequences of a refusal revocation with your client during the initial consultation.
- Learn when to appeal a refusal revocation and the process of appealing.
- Discover the procedural flow of a DMV refusal hearing and what to expect at the hearing.
- Uncover some of the primary attacks used to contest a refusal revocation at a DMV hearing.
For more information on this topic see our related blog post: https://www.minicklaw.com/attacking-willful-refusal/
On today’s episode, Jake sits down with the local master of a scaling a small firm designed to fight for the little guy, Brian King. Brian has been practicing law for more than 20 years and during that timeframe grown King Law to over 15 locations in North and South Carolina. With a team of over 50 attorneys and staff, Brian’s law practice, based out of small-town Forest City, brings a big firm punch when it comes to the impact on the legal market and local community. If you are trying to build a legal practice designed to last, this is an episode you do not want to miss!
Highlights:
- Discover why Brian has decided to headquarter his large firm out of a small town and the competitive advantages this has created for his law firm.
- Hear Brain discuss the importance of numbers and how attention to key performance indicators has driven his success in scaling his legal practice.
- Listen to Brian as he talks about his hiring process and some of the pitfalls to avoid in hiring, as well as when you need to think about hiring.
- Uncover some of the roadblocks to growing a legal practice that Brain and Jake have experienced in real life, so that you can learn from their mistakes and avoid these same pitfalls.
In most DWI cases in North Carolina, the first consequence of the charge that your client will need to navigate is the 30-day civil revocation of his driver’s license. In this episode learn how to contest the initial 30-day license revocation, in what circumstances requesting a hearing to contest the license revocation would make sense, and how a conversation with a potential client about his option to contest the civil revocation is more likely to get you hired.
Highlights:
- Discern which clients stand to benefit the most from contesting a hearing.
- Learn the process for filing a contested 30-day revocation.
- Discover the procedure for presenting evidence at a license revocation hearing and what legal arguments you can use to challenge the hearing.
- Get practical advise on how to prepare for your first license hearing so that you don’t have to walk in blind. (Hint: Find a local attorney who has done a 30-day revocation and pick their brain before your hearing.)
Episode 69: Web Branding Strategy with Karin Conroy
On today’s episode, Jake sits down with attorney branding strategist, Karin Conroy. Karin’s marketing company Conroy Creative Counsel supports attorneys and law firm in their web-based branding strategy. Due to her focus on the legal industry, Karin has incredible marketing insights to share for lawyers wanting to take their web presence to the next level. Don’t miss out on this week’s marketing guru!
Highlights:
- Learn how to make a strong call to action on your website for potential clients.
- Discover the power of stories in branding yourself and in keeping potential clients on your website.
- Hear Karin discuss some of the biggest marketing mistakes she has seen over her career of helping lawyers and firms communicate their identity via the internet.
- Listen as Karin gives concrete practical ways to improve your rankings on Google.
Episode 68: One Page Strategic Plan
How do you get your team aligned and make sure your vision for the future of the firm stays focused and clear? You need a written strategic plan for your firm. At Minick Law, we use the One-Page Strategic Plan created by Scaling Up. The one-page strategic plan is the easiest way to allow your team to understand where you are headed and to have a simple and clear picture of the culture and goals of your firm.
Highlights:
- Learn why you should have a written strategic plan for your firm that is posted for all team members to see.
- Discover the layout and elements of the one-page strategic plan created by Scaling Up that Jake uses at Minick Law.
- Uncover the Success Trap from Matthew Kelly’s The Culture Solution and how a good strategic plan will help you avoid it.
- Listen as Jake explains the relationship between your big hairy audacious goal (10+ year goal), your 3-5 year targets, your annual goals and your quarterly actions.
On today’s podcast Jessica Rocker joins the NC DWI Guy to discuss the use of handheld breath testing devices for sentencing mitigation and proving sobriety. Jessica is a Technology Solutions Manager with Smart Start, Inc. Jessica is passionate about building relationships with judges, attorneys, and public officials and providing information about the options that exist when it comes to proving periods of sobriety.
Highlights:
- Learn about the differences between ignition interlock, continuous alcohol monitoring, and portable monitoring and the advantages of each for your clients.
- Discover how portable breath testing can be utilized for pretrial supervision, in treatment courts, to prepare for DMV reinstatement hearings, and for personal accountability.
- Hear Jessica discuss how the SmartMobile handheld device works and the flexible functionality that exists in this monitoring technology.
- Get a history of the development of breath testing technologies used for monitoring.
In this episode of the NC DWI Guy, Jake takes us on a tour of recent North Carolina Appellate Decisions that touch on various aspects of DWI cases. If you want a good summary of the legal decisions from the last few years dealing with DWI cases and how to utilize the holdings of these cases in defending your client, look no further.
On today’s podcast Holden Clark joins the show to discuss the importance of mental health and substance abuse concerns for attorneys. Holden practices in Gaston County and was a public defender from 2014-2017. Holden’s passion project is mental health, particularly among his fellow bar members, and discussing how to avoid depression and achieve optimal living within the legal profession.
Highlights:
- Learn some sobering statistics when it comes to depression and addiction in the legal profession.
- Get tips from Holden for taking care of your mental health.
- Discover why DUI lawyers, in particular, need to take care of their mental health in order to be able to serve their clients.
- Hear Holden’s personal struggles with depression and what he does in his daily life to optimize his mental health.
If you don’t know the answer to this question, the likelihood of landing your next DWI client is in serious jeopardy and your practice is in serious trouble. In this episode of the NC DWI Guy, Jake discusses why this question is important to answer not only so you can communicate it to a potential client, but so that you know why your law firm exists and what value you bring to the legal marketplace.
Highlights:
- Learn some of the most common surface level and (more importantly) deep subconscious motivators a client might have for contacting a DWI lawyer.
- Listen to Jake speak about how to uncover a potential client’s motives for contacting a lawyer during the consultation.
- Avoid getting caught off guard by this question in the future by taking the time to answer this important and legitimate client question.
- Hear Jake discuss why answering this question with fearmongering is a bad choice.
On today’s podcast we continue our 5-part series on Attacking Breath Testing. In this final part of this series, Stephen Lindsay discusses the tactics of attack the State’s primary witness, i.e. the intox machine, in closing arguments. Steve devotes a substantial amount of his time to training programs, lectures and keynote addresses. He has been a faculty member at the National Criminal Defense College, at the Defender Advocacy Institute (University of Dayton Law School), at the Federal Defender Trial Skills Institute (Case Western Law School), at the Institute for Criminal Defense Advocacy, and for Bill Daniels Trial Skills College (annual training for Georgia Academy of Criminal Defense Attorneys). Steve has published a number of legal articles including “Storytelling: Why We Do It and How To Do It Better,” THE CHAMPION (December 1999) and “Do You Hear What I Hear? Demonstrative Evidence Makes A Difference,” THE CHAMPION (June 1998).
Highlights:
- Hear Steve discuss why demonstrative (visual) evidence is so critical in persuading a jury.
- Uncover some examples of demonstrative evidence that Steve has used in the context of a DWI case and how these set up an effective closing argument.
- Discover Steve’s masterful tips for delivering a closing argument in a DWI case and how to attack the breath test in closing.
- Learn how to use an opening statement to set up your case and to ultimately support your closing argument.
On today’s podcast we continue our 5-part series on Attacking Breath Testing. In this fourth part of this series, Matt Davenport talks about the “deemed sufficient” language of 20-138.1 and his case of State v. Narron in which he challenged this language. Matt is a former Pitt County prosecutor and has been involved in organizing and/or teaching more than 25 CLEs on DWI in North Carolina.
Highlights:
- Hear Matt discuss the facts and legal challenges he presented in State v. Narron.
- Get a behind the scenes look at the legislative development of the “deemed sufficient” language and uncover why this phraseology is so problematic in the context of a criminal prosecution.
- Learn how to address the confusion caused by the “deemed sufficient” language with jury instructions and during closing.
- Discover the technique Matt uses to show the error rate on a breath test.
On today’s podcast we continue our 5-part series on Attacking Breath Testing. In this third part of this series, James Nescijoins the NC DWI Guy to reveal how to use basic math principles to attack breath machines. James Nesci has been board certified by the National College of DUI Defense since 2001 and served as the College’s Dean during the 2016-2017 academic year. Mr. Nesci often defended cases well into the .30 blood-alcohol range. He was one of the lead attorneys on the Intoximeters RBT-IV breath-testing issue in Southern Arizona which resulted in the suppression of breath tests in over 7,000 cases. He is one of only a handful of attorneys in the country who has ever held a DOT-Compliant Permit to operate an Intoxilyzer 8000. Mr. Nesci owns both an Intoxilyzer 8000 which he regularly used for in-court demonstrations and for research purposes before he retired.
Highlights:
- Discover the Nesci Extrapolation Argument and how to use this math concept to show the jury the true sample size being tested by a breath machine and how this small sample is then multiplied to get a reported alcohol concentration.
- Learn why language is so important for the jury and how to carefully select your words, for example using “estimate” instead of “result” every time you reference the numerical BAC.
- Uncover some of the biggest problems that Mr. Nesci has discovered with breath testing and how to exploit these issues with a jury.
- Uncover some of the best trial tactics for attacking breath machines from a warrior who lived and breathed for courtroom battle during his carrier.
On today’s podcast we continue our 5-part series on Attacking Breath Testing. In this second part of this series, the NC DWI Guy does of a deep dive into the EC/IR II breath testing machine with expert witness and board certified toxicologist Dr. Andy Ewens. Dr. Ewens was on Episode 59 (the first episode of this five-part series) to discuss the science of breath testing, so take a listen to that episode before listening in to today’s conversation. Dr. Ewens has a PhD in pharmacology and has spent 15 years as a government contract toxicologist. He has conducted a number of studies and experiments on the EC/IR II (which he owns). He provides expert case evaluation through his consulting company, Ewens Toxicology Consulting, LLC.
Highlights:
- Hear Dr. Ewens talk about the difficulties he went through in getting his EC/IR II and why science is underserved when access to machines used for breath testing is not made readily available.
- Gain insight into some of the experiments that Dr. Ewens has conducted with his EC/IR II and the breath results reported related to these experiments.
- Understand how the EC/IR II functions and the role of a fuel cell (EC) and infrared light (IR) in breath testing.
- Discover some of the biggest concerns that Dr. Ewens has with the EC/IR II and how to effectively use expert witness testimony in drawing these issues to light with a jury.
On today’s podcast we begin our 5-part series on Attacking Breath Testing. In this first part of this series, the NC DWI Guy discusses the science of breath testing with expert witness and board certified toxicologist Dr. Andy Ewens. Dr. Ewens has a PhD in pharmacology and has spent 15 years as a government contract toxicologist. He has conducted studies on the EC/IR II (which he owns), the SFST/DRE evaluations, mouth alcohol, and the smell of “alcohol” on the breath. He has been qualified to testify as an expert witness in North Carolina, Maryland, Michigan, and Texas. He provides expert case evaluation through his consulting company, Ewens Toxicology Consulting, LLC.
Highlights:
- Understand the science of Henry’s Law, how it applies to breath testing, and the issues that arise from using this scientific principle in a person’s lungs.
- Discover what biological assumptions are built into breath test machines and the impact this can have on specific BAC reported results.
- Learn what partition ratios are in breath testing and how an individual’s breath result could significantly overstate or understate his actual BAC based on the law of averages used in breath testing science.
- Unpack some of the scientific challenges that can be utilized in undermining the validity of evidentiary breath tests.
On today’s podcast Jake is joined by the one and only guru of legal marketing and culture, Michael Mogill. Michael is Founder & CEO of Crisp Video Group, the nation's fastest-growing law firm growth company and is the author of the Amazon Best-Seller, "The Game Changing Attorney." On his podcast, the Game Changing Attorney, Michael has discussed how to differentiate yourself from the competition with some of the biggest names in the legal industry and beyond. Crisp holds the largest law firm growth conference on the planet, the Game Changers Summit annually and is holding its first ever virtual conference, the Evolve Virtual Summit on June 24-25. Through his company, Michael has helped thousands of attorneys -- from solo and small firms to large practices -- differentiate themselves from competitors and earn millions in new revenue. Are you ready to become a game changer?
Highlights:
- Learn the key decisions Michael made in growing his company from the back office of a dental practice to an eight-figure world class marketing and coaching agency in just seven years.
- Discover how Michael uses storytelling both (1) externally to introduce lawyers and law firms to their potential customers and (2) internally to drive culture and employee output.
- Hear Michael discuss some of the growing pains Crisp has undergone as he has scaled up his business, and what advice he would give himself if he could go back in time to Crisp’s beginnings.
- Find out what being a Game Changing Attorney means to Michael (author of the Game Changing Attorney, host of the Game Changing Attorney Podcast, and organizer of the Game Changers Summit legal conference).
Want to take your legal business to the next level? On today’s episode, the NC DWI Guy goes over a list of 10 game changing marketing and self-development resources to improve yourself and your business. If you want to grow your business then you need to grow yourself as a person and as an entrepreneur and marketer. If you take advantage of just one of the 10 resources that Jake suggests during this episode, your marketing, and more importantly your mind, will take a major step forward. Treat yourself!
Here are the links to the resources discussed on today’s episode:
- Jake Minick’s webinar series How to Start and Build a Law Practice
- Look at what great businesses are doing (no resource for this tip)
- Michael Gerber’s book The EMyth
- Crisp Video’s virtual conference Evolve Summit and live conference The Game Changers Summit
- Stephen Fairley’s Rainmaker Retreat in Charlotte, NC
- Self-Development Podcasts: Jocko Podcast, The Life Coach School, John Maxwell Leadership Podcast, Jody Moore Better Than Happy Podcast, and the GaryVee Audio Experience
- Legal Business and Marketing Podcasts: The Game Changing Attorney Podcast, Your Law Firm with Lee Rosen, and The Unconventional Attorney with Christopher Small
- Jeffrey Gitomer’s book The Little Red Book of Selling
- Verne Harnish’s book Scaling Up
- Attorney Training and Workshops from Atticus Advantage and the book How Good Attorneys Become Great Rainmakers
Episode 56: Utilizing State v. Knoll in DWI Cases
On today’s episode, Nathan Earwood joins the NC DWI Guy to discuss the practical application and utilization of State v. Knoll. After laying out the legal framework for Knoll based defenses in last week’s episode, today’s podcast lays out the real-life impact of State v. Knoll for people charged with a DWI. Operating his criminal defense practice in Western North Carolina, Nathan has handled everything from speeding tickets to high level felony cases. By collecting the right information during the initial consultation and knowing where to look for evidence of a statutory violation, Nathan has had a number of DWI cases dismissed over the last several years based on State v. Knoll.
Highlights:
- Learn how Nathan uncovers potential Knoll violations during the initial consultation with his clients.
- Discover where to look for evidence of a Knoll violation.
- Find out what testimony Nathan believes is critical in most Knoll hearings.
- Get Nathan’s game plan for filing a Knoll Motion Dismiss and explaining the law on this issue to a district court judge.
On today’s podcast the NC DWI Guy talks about the seminal North Carolina Supreme Court Decision of State v. Knoll. This incredibly powerful case is grossly underutilized by the criminal defense bar in North Carolina and Jake believes that a major reason for this is a lack of understanding of the case by the judges, prosecutors, and, most importantly, criminal defense lawyers. On today’s episode take a deep dive with the NC DWI Guy into the facts within State v. Knoll and the powerful Constitutional protections laid out in the case.
Highlights:
- Learn which North Carolina General Statutes are applicable to a State v. Knoll argument.
- Discover the importance of spending time outlining the Statutes and cases for a district court judge both before and during your hearing on a Knoll issue.
- Get the not-so-secret sauce (since it comes directly from Knoll) for showing prejudice when it comes to a Knoll violation.
- Hear a deep dive into the facts of each of the cases within State v. Knoll and how these cases can be used to support your particular clients Knoll violation.
On today’s podcast the NC DWI Guy sits down with Zeb Smathers. Over the past 10+ years, Zeb has built his reputation in the legal community, and more importantly in his local community, one client at a time. Zeb views his clients as friends and his “friend network” has allowed him to grow his business through referrals with very little spent on advertising. If you want to learn how to grow your practice through relationships, listen to this episode to hear from one of the masters.
Highlights:
- Learn how Zeb’s service as Mayor of Canton in Haywood County has helped him give back to and better understand his local community.
- Uncover why for Zeb, your practice has to be service-based in order to have longevity.
- First impressions are critical for Zeb. Learn why Zeb dresses to the nines in the courtroom and in the office for clients.
- Hear Zeb and Jake discuss where law schools could improve in preparing lawyers for the real world and soak in Zeb’s advice for law students preparing for practice and young lawyers.
Want to take your courtroom game to the next level? On today’s episode, the NC DWI Guy goes over a list of 10 game changing resources to improve your knowledge of North Carolina DWI issues and concepts. The key to knowing how to improve your knowledge of NC DWI laws is knowing where to look. If you take advantage of just one of the 10 resources that Jake suggests during this episode, you will do yourself (and your clients) a major favor.
Here are the links to the resources discussed on today’s episode:
- North Carolina Advocates for Justice - NCAJ DWI Listserv / NCAJ CLE On Demand
- Teddy’s North Carolina DWI Trial Notebook
- North Carolina Indigent Defense Services – Training Materials by Subject
- UNC School of Government – Blog / The Law of Impaired Driving
- NHTSA 2018 Student Manual
- Impaired Driving Specialists – DUI Expert on Demand / Seminars & Trainings
- Drunk Driving Defense 8th Edition
- James Davis’ The DWI Trial Notebook
- Marcus Hill’s List of DWI Cases
- Bill Power’s 2019 NC DWI Quick Reference Guide
On today’s podcast the NC DWI Guy sits down with LeAnn Melton. LeAnn began working as an Assistant Public Defender in 1996 before becoming Chief Public Defender of Buncombe County in January of 2008. LeAnn acted as lead counsel on a number of high profile cases during her tenure as Chief while also advancing the Offices court and community initiatives.
Highlights:
- Listen as LeAnn gives young attorneys practical advice on how to advance your client’s position in court
- Hear LeAnn describe the biggest changes she observed in criminal procedure and practice during her 2+ decades as a public defender
- LeAnn shares her “Wish List” for changes she hopes to see in the criminal justice system over the next 10 years
Today on the NC DWI Guy Podcast we investigate what it means for a test to be standardized. There are three Standardized Field Sobriety Tests: horizontal gaze nystagmus, walk and turn, and one leg stand. We explore the process by which these three test were standardized and what aspects of SFSTs are standardized. We also explore the value, if any, of non-standardized field sobriety tests?
Highlights:
- Learn how to utilize the NHTSA student manual in explaining what it means for a test to be standardized
- Understand the basic research that went into developing standardized field sobriety tests
- Explore the implications of the importance of standardized criteria when it comes to evaluating non-standardized testing
- Discover the problems generated in trustworthiness of testing when an officer deviates from the standardized procedures and methods during standardized field sobriety testing
On today’s episode, Jake is joined by James Davis II. James concentrates his practice in criminal defense with special focus on DUI/DWI defense. Due to his focus on DWI defense, James now dedicates significant time to educating fellow attorneys on how to aggressively attack DWI charges as a defense lawyer. James has taught numerous CLEs on DWI topics and has published a number of manuscripts on Impaired Driving. To take your DWI defense game to the next level, visit James’ website and take a listen to today’s podcast!
Highlights:
- Learn how to start your checkpoint argument off strong by reminding the Court that it’s the State’s burden to show a checkpoint’s constitutional validity
- Discover the practical ways that James cross-examines officers on a checkpoint’s Primary Programmatic Purpose
- Listen as James describes the problem with form over substance when it comes to documents authorizing a checking station
- Hear the method used by James in attacking the reasonableness of a checkpoint within the framework of the balancing test of State v. Rose
In today’s episode of the NC DWI Guy Jake stresses the importance of spending the time systematizing your “aha” moments. We all have a family member that asks us every time we get together if we are a patent attorney because they have a million-dollar invention that will change the world. Spoiler alert: that idea is going nowhere because in the words of Felix Dennis: “Ideas don’t make you rich. The correct execution of ideas does.”
Highlights:
- Realize the importance of working on and improving your systems rather than just coming up with big ideas.
- Implement a system for capturing Golden Ticket ideas instead of seeing them come and go with no actual value.
- Utilize the mindset done is better than perfect. “The way to get started is to stop talking and begin doing.” – Walt Disney
On today’s episode, Jake is joined by Ali Awad, the CEO Lawyer. Ali has grown his law firm at an incredible rate since starting as a solo practitioner in 2017 to 20 employees by the close of 2020. He has already added 7 new team members during the first two months of 2021. Much of the growth of Ali’s firm is attributed to his social media marketing strategy. Ali has devoted significant energy toward developing his brand using social media outlets and shares his marketing strategy during today’s episode. If you are a young attorney looking to grow your legal practice today’s conversation between the NC DWI Guy and the CEO Lawyer is a must listen.
Highlights:
- Learn how to grab people’s attention on social media and why entertainment is the pre-requisite to providing information on social media
- Discover the mindset that allowed Ali to transform his law practice from a one-man show to a team of 20 in four years
- Hear Ali discuss why the key to growth is figuring out how to fire yourself from your firm
- Uncover the strategies that Ali has employed to create a law firm that can run virtually
Today on the NC DWI Guy Podcast we talk about the Walk and Turn! A divided attention test, the W&T is a critical test during most investigations for DWI. If you don’t know the three standardized field sobriety tests backwards and forwards then you should not be handling DWI cases. In this episode, Jake Minick does a deep dive on the ways to attack the Walk and Turn test.
Highlights:
- Learn the environment required (dry, level, smooth, non-slippery surface) for performing the walk and turn and how to utilize poor field conditions in your defense
- Understand the type of subject/suspect on which a walk and turn test can be appropriately performed and how your clients age (65), footwear (2+ inch heel) and medical conditions (leg, back, or inner ear) might impact the validity of the W&T
- Hear the specific standardized instructions that an officer is supposed to give and demonstrations the officer is supposed to show to the subject/suspect before administering the walk and turn
- Discover the clues the officer is looking for during the instruction stage and walking stage of the W&T and more importantly when a specific clue should NOT be notated by the officer during this test
On today’s episode, the NC DWI Guy is joined by Meghann Burke, the President of the Buncombe County Criminal Defense Bar. Since joining forces with Bill Brazil in 2011, Meghann has expanded Brazil & Burke’s criminal defense and civil litigation practice areas. She is active with the North Carolina Advocates for Justice ("NCAJ"), having served on NCAJ's Executive Committee, Board of Governors, Legal Affairs Committee, and in leadership with the Criminal Defense Section. In 2017 and 2018, she served as the Chair of NCAJ's Annual Convention, and she served as Editor of the April 2018 Trial Briefs Magazine. Meghann was nominated by her colleagues as a “Young Gun” Legal Elite by Business North Carolina in 2013 for her work in criminal defense cases and, in 2018, received the Themis Award presented by the North Carolina Association of Women Attorneys.
Highlights:
- Meghann explains how simple the process was to get the Buncombe County Criminal Defense bar going and provides a blue-print for attorneys to organize in their local counties
- Jake and Meghann discuss the power of having “collective bargaining” as a group of criminal defense attorneys in negotiation with the State on big picture criminal defense procedure issues at the local level
- Learn how the value of shared information among the bar elevates criminal defense beyond the combined efforts of each individual attorney
- Discover the unexpected benefits that having a tight knit criminal defense bar
Today on the NC DWI Guy Podcast we talk about the One Leg Stand! If you don’t know the three standardized field sobriety tests backwards and forwards then you should not be handling DWI cases. In this episode, Jake Minick does a deep dive on the ways to attack the One Leg Stand test.
Highlights:
- Understand the environment required for performing the one leg stand and how to utilize poor field conditions in your defense
- Discover the type of subject/suspect that the one leg stand test is appropriate for and how your clients age, weight and medical conditions might impact the validity of the 1LS
- Hear the specific standardized instructions that an officer is supposed to give and demonstrations the officer is supposed to show to the subject/suspect before administering the 1LS
- Learn the clues the officer is looking for during the 1LS and more importantly when a specific clue should NOT be notated by the officer during the 1LS
In today’s episode the NC DWI Guy gives general advice on best practices for negotiation a criminal charge be it a felony drug case or a traffic ticket. If you want to get the best outcome for your client’s case then you need to go into a conversation with the district attorney with a game plan. This episode is chock-full of easy to implement advice that you can immediately utilize in your plea negotiations with the State.
Highlights:
- Learn why it’s important to have a desired outcome on your client’s charges in mind as you go into your conversation with the DA (begin with the end in mind)
- Discover the value of setting up specific time outside of the courtroom to talk with the DA about your case
- Don’t overlook the importance of knowing your clients case and criminal & driving history
- Uncover simple ways to humanize your client with the DA and why you need to give your client personality so that they can be more than a file or piece of paper in the eyes of the DA
On today’s podcast the NC DWI Guy sits down with Public Defender Tim Henderson. Tim’s wonderful sense of humor and great story telling abilities shine as he speaks with us about the challenges and joys of representing the indigent in court.
Highlights:
- Hear great advice on how to communicate with your client and why you should never begin your conversation/consultation with a client by talking about a guilty plea
- Discover how humor can be used in the courtroom to loosen the tension and create pathways to the desired outcome on your client’s case
- Learn Tim’s unique approach to preparing both his client and his argument for DWI sentencing
- Hear Tim and Jake discuss the challenges presented by jury trials in a post-Covid world
In today’s episode we talk about how to grow your practice through referral marketing. Like most building blocks to a successful business, there is no secret recipe for referral marketing. At the end of the day, referral marketing is relationship marketing. It takes significant time, intention, and energy to build a referral-based practice. However, a potential client that has been referred your way is already primed to hire you, no need to market yourself or sell your skills. This is why referrals are so powerful and valuable and time spent building referral relationships is time well spent.
Highlights:
- Discussion about why a referred client has built in trust about your services and why this is so important for the attorney client relationship
- Warning: don’t refer garbage cases to other attorneys and professionals
- Tips on how to grow and foster your referral network
- Learn about the importance for having a system for thanking individuals that refer you business
- Best way to earn referrals from people you don’t even know: be the go to firm in your location and practice area
On today’s podcast the NC DWI Guy sits down with Jody Lanier. Jody originally handled a wide range of criminal, traffic, and DWI cases before focusing his practice on traffic ticket defense. Over time, Jody has developed his firm into a near virtual practice, something that is rare and cutting edge when it comes to criminal District Court matters. In 2020, Jody decided to move west to Boulder, Colorado and shares his experience of keeping his NC based practice running, starting a new legal marketing footprint in CO, and the process of getting admitted to practice law in another state.
Highlights:
- Discover Jody’s process for transferring his bar license to another state
- Learn how Jody developed a legal practice that deals exclusively in traffic tickets and how he has innovated his practice to serve his life and family
- Find out the techniques that Jody used to develop relationships with DAs, defense attorneys, and judges as a young attorney trying to get experience
On today’s podcast the NC DWI Guy explains how to use N.C.G.S. 20-16.2 to attack the admissibility of the breath test. Under the theory of implied consent, a chemical analyst (typically a law enforcement officer) can request a breath sample from a person that is legitimately charged with driving while impaired. However, there are procedural requirements prior to the officer obtaining a breath sample. When these guidelines are not followed, you need to be ready to request suppression of the breath sample obtained.
Highlights:
- Learn how you can prove the officer did not “observe” your client during the 15 minute “observation period”
- Understand the requirement for a subsequent rights advisement if multiple types of chemical analysis are requested
- Discover the process for correctly advising the defendant of his rights related to chemical analysis
- Learn why the requirement for the officer to obtain two consecutive samples within .02 of each other is important and how this can be used to defend your client
On today’s podcast the NC DWI Guy sits down with Ron Shook. Ron founded his law office in 2011 and practices criminal, traffic, DWI, and immigration in Gastonia, NC and surrounding areas. Ron is a superb storyteller and has an innate ability to connect with jurors of all different socioeconomic backgrounds. Ron taught a CLE earlier this year on Closing Arguments and brings much of his material from that training to this conversation.
Highlights:
- Hear a number of great examples of closing arguments in DWI and criminal cases
- Learn why conveying your case through the lens of a story (which has a moral) is so important in summarizing your evidence to the jury
- Discover tips on connecting with jurors before and during your closing argument
In today’s episode of the NC DWI Guy Podcast, Jake Minick talks about why it is important to spend some time looking at the wins and losses of your firm in 2020. Just like NFL coaches and players watch the game film from the previous week’s gridiron battle as the first step to prepare for the upcoming opponent, you should take some time to reflect on the positives and negatives of 2020 before stepping into 2021. If you don’t want history to repeat itself (i.e. you want to improve instead of be stagnant or decline), then you need to learn from the history lessons offered by the challenges and opportunities that 2020 presented and how you can build on the success you have created this year moving forward.
Highlights:
- Discover why time carved out for reflection on your personal and professional past can help you build a better future for your business and your life.
- Jake explains how the Ignatian Spiritual Exercise of a Nightly Examen provides a great framework for reflecting on 2020.
- Jake discusses the wins and losses that Minick Law, P.C. has experienced in 2020 and how the firm plans to build on the successes and eliminate the failures in 2021.
On today’s podcast the NC DWI Guy sits down with legal legend, Robert Reeves. Robert began practicing law in 1989. Over the last 30 years, Robert has seen the twists and turns that legal marketing and law practice management have taken and has a plethora of engaging and entertaining stories to share about the evolution of the practice of law during that period.
Highlights:
- Hear tales of the Wild West of marketing that Robert experienced during his first years of practice.
- Listen to Robert’s tips on the fundamentals to growing a successful law practice in a constantly changing legal marketplace.
- Discover the future of legal marketing as Robert offers his insights on where he sees the practice of law headed in the future.
- Discover how Robert creatively uses social media to communicate and capture the attention of potential clients.
In today’s episode of the NC DWI Guy Podcast, Jake Minick discusses the importance of getting a game plan for 2021. Following a year of uncertainty and chaos that has been 2020, it is vitally important to enter 2021 with a strategic plan for your firm that supports the strategic vision for your life. If you have not listened to Episode 1 on Firm Culture, go back and listen to that before you tune in to today’s episode.
Highlights:
- Courts are closed again for at least 30 days. Jake implores you not to waste this precious opportunity to work on your business.
- Take time to sit down and write out why your firm exists. You can’t plan with any real meaning until you understand the fundamental purpose/mission/why of your firm.
- Covid is still here, should I even waste my time planning for another year of potential uncertainty? While we all know the right answer to this question, Jake reiterates that it is madness to face a time of uncertainty without a game plan.
On today’s podcast the NC DWI Guy sits down with Don Hammond. Don is a Los Angeles criminal defense attorney with an emphasis on DUI defense. Don is a graduate of Occidental College and the University of Southern California Gould School of Law. Prior to completing his education, Don attended the Los Angeles County Sheriff's Academy, and since becoming a lawyer, Don has taken police training in Standardized Field Sobriety Testing and Advanced Roadside Impaired Driving Enforcement (ARIDE). Trained by police experts and pioneers in the field, Don understands the science behind alcohol's effects on the body, breath testing, and blood alcohol testing.
Highlights:
- See inside the development of a DUI practice in one of the most competitive markets in the country, Los Angeles
- Learn how Don hones his craft in order to be the most educated person in the courtroom on DUI issues
- Hear the joys and struggles of attempting to balance time in the courtroom with working on legal marketing and branding
- Discover some innovative advertising and marketing ideas including having a poker chip as a business card
We complete our three-part series on DWI sentencing in NC. In this episode Jake Minick talks about the importance of getting your client prepared for a potential sentence from a DWI conviction at the earliest possible opportunity, the consultation. The NC DWI Guy goes on to lay out some of the best practices for representing a client charged with a DWI during the sentencing hearing itself.
Highlights:
- Discover why it is important to discuss in detail with any potential client the DWI sentence level and specific criminal consequences that he/she is facing during the initial consultation
- Uncover who your primary audience is during a sentencing hearing on a DWI conviction (Hint: it is not the judge)
- Learn the value of approaching a judge prior to a sentencing hearing to discuss the potential sentence and any other complicated matters that might come up during sentencing
- Hear the specific items that you need to address during your argument at a DWI sentencing hearing
We continue our three-part series on DWI sentencing in NC. In this episode we discuss in detail the six sentence levels used in misdemeanor DWI sentencing in NC and the specific courtroom/criminal consequences of each sentence level.
Highlights:
- Review in detail the sentencing structure utilized by judges in misdemeanor sentencing hearings
- Learn the maximum and minimum jail sentences for each DWI sentence level
- Learn how inpatient treatment can be credited against jail time and how continuous alcohol monitoring can be used to reduce the mandatory minimum sentences at levels A1, 1, and 2
- Determine how “good time” credit is calculated for each misdemeanor DWI sentencing level
In this episode we begin a three-part series on DWI sentencing in NC. We kick off the sentencing discussion by doing a deep dive on the sentencing factors used by a judge during a sentencing hearing in NC on a DWI.
Highlights:
- Review in detail the grossly aggravating, aggravating, and mitigating factors used by a judge in sentencing a DWI
- Understand the burden of proof when it comes to DWI sentencing factors and how this can be utilized by the defense during a sentencing hearing
- Learn the importance of citing specific statutory subsections of N.C.G.S. 20-179 when arguing mitigating factors to a judge during a DWI sentencing
- Discover the importance of N.C.G.S. 20-179(7)’s catchall mitigation factor and how to fully exploit this subsection on behalf of your client during a sentencing hearing
A common question for clients charged with DWI is “how long is this going to stay on my record?” The answer to this question, like all good legal answers, is “it depends.” It depends on the outcome of the case and also on what the individual is specifically asking when they pose this question.
Highlights:
- Learn about the timeframes that a DWI stays on a person’s driving record, criminal history, insurance history (for point purposes), and in terms of a grossly aggravating factor
- Understand the importance of explaining to a potential (or current) client the permanence of a DWI conviction in regards to a his/her criminal history
- Get info about our Expunctions for Veterans initiative and help us help veterans
- Listen to insights on the importance of helping clients through the emotional weight of learning that a DWI conviction remains permanently on their record and how to restore their sense of purpose and humanity
Want to improve your chances of attacking a DWI based on a lack of probable cause. In this episode, Jake Minick, the NC DWI Guy, gives five easy-to-implement secrets for winning your probable cause motion. Don’t miss out on these secrets to success!
Highlights:
- Learn how to tie the officer to his notes and cross examine based on the officer’s report
- Discover the importance of sequestering the State’s witnesses in a Motion to Suppress based on a lack of probable cause
- Understand the importance of the State’s job to explain the scientific value of the SFSTs and how to exploit the lack of this explanation in your closing argument on your motion
- Unpack the value of utilizing case law in your closing and how this is a major advantage point for the defense in a hearing on PC
This will go down as one of the most insightful and wisdom filled podcasts we will ever produce. On November 1, 2020 Jake Minick will celebrate 10 years since opening his firm. Today the NC DWI Guy sits down with his first ever employee, Henry Padilla, to discuss the successes and failures that Minick Law has experienced as a firm over the past decade. Henry has worked with Jake for 9 ½ of the 10 years of the life of the firm and Henry has experienced the highs and lows the firm has gone through during this period of development and growth. Buckle your seat belt because you are in for a fun ride today!
Highlights:
- Discover the humble beginnings of Minick Law and the milestones of growth experienced by the firm
- Learn some of the biggest failures and hardships we experienced along the way and why those were important to our growth as an organization
- Listen to Henry and Jake discuss why people are so important to the success of a business and how to keep your people happy
- Uncover the significance of “the experience” you give to your clients during the course of your representation and how improving this experience will lead to repeat and referral business
In football, the announcers always talk about the value of playing with a lead and the disadvantage of playing from behind. The same holds true in business and in life. In this episode we dive deep into why playing with a lead is so important to your practice and discuss some practical ways for you to implement this into your firm.
Highlights:
- Why waking up at 5:00 a.m. (or finding that undistracted work time) is key to playing with a lead
- Learn practical tips on how to plan ahead in regards to your court calendar and your case management
- Make sense of this math: 1 client today = 10 clients down the road
- Learn why it is important to be the first to try new marketing opportunities and stay constantly on the forefront of legal marketing
Episode 26: Crush Q4 2020
With the uncertainty and stress caused by COVID in the legal industry, many district court criminal defense attorneys are ready to speed through the last three months of quarter 4 of 2020. Don’t waste Q4. There is still time (90 days) to make Q4 a year that you can label as a “win” for your practice. In business, as in football, whoever is in the lead at the end of the fourth quarter wins the game. If 2020 has been a good year for your practice, don’t let your foot off the gas. If 2020 has been a source of nothing but stress and frustration, make sure you crush this final leg of the year.
Highlights:
- Learn why the key to goal setting is in specificity and deadlines
- Get a pep talk on closing out 2020 with a bang
- Understand the critical importance of telling others (your team, your spouse, your friends, your family, etc.) about your goals for accountability purposes
- Don’t set goals that are interesting, set goals that you are committed to accomplishing
In today’s episode Jake Minick discusses some of the differences between NC Driving While Impaired and SC Driving Under Influence with SC attorney Christopher Brough. Chris is a member of the National College for DUI Defense and opened his own practice in 2005 which is located in Spartanburg, SC.
Highlights:
- Discover how a DUI case is processed in SC through the SC magistrates courts and circuit courts.
- Learn about the importance of video evidence in SC DUI cases including recording of SFSTs, Miranda warnings, and breath testing procedures.
- Find out the license impact for a NC resident of a SC DUI conviction.
- Learn about the impact of refusing chemical testing in SC in terms of both courtroom and license consequences.
In today’s episode Jake Minick talks with Megan and Scott Thomas who own and run Silver Lining Therapy in Asheville, NC. Megan and Scott provide a full range of addiction and behavioral help services, including alcohol assessments, ADETS (a.k.a. Prime for Life), and short-term and long-term recovery treatment. On today’s episode Megan and Scott allow us to see behind the curtain of the alcohol assessment and give an overview of ADETS.
Highlights:
- Understand what factors go into the recommended hours of treatment during a DWI alcohol assessment
- Discover the intake and evaluation process of the initial assessment, including the types of questions your client will be asked during the assessment
- Discover tips and tricks for using the assessment and the recommended treatment in sentencing and how you can help your client maximize the treatment process and the impact it can have on your client’s personal life
- Gain insight into the purpose and structure of ADETS (a.k.a. Prime for Life Course)
In today’s Episode we examine the recent Court of Appeals cases of State v. Kraft and State v. Eldred, both decided in 2018. These decisions are dynamite cases for the defense and every attorney in NC that regularly handles DWI cases should be intimately familiar with these cases. In this episode get an overview of the procedural and substantive value of these two opinions.
Highlights:
- Why it is important in a Motion to Dismiss based on Kraft or Eldred to hammer the standard of review for at the close of the State’s evidence
- Examination of the facts in Kraft (focusing on driving) and Eldred (timing of consumption of impairing substance) and how to compare these facts with those of your client
- We look at the high standard that the court sets when it comes to circumstantial evidence of either driving or the timing of alcohol consumption and how to argue the court this high burden
- Learn how to refocus the argument you make during a Motion to Dismiss based on Kraft/Eldred during your final closing argument at the conclusion of a trial
Episode 22: NC Limited Privilege for Out-of-State or Federal DWI Conviction
What do you do when you get a client that calls in who is a North Carolina resident that just got a nasty-gram from the DMV informing him that his license is going to be suspended for an out-of-state or federal conviction? James Minick walks you through the process of filing a limited driving privilege for a DWI conviction that happened in another state or on federal land.
Highlights:
- Learn how a driving record is your answer key to identifying revocations and how to address them
- Find out where to file an out-of-state privilege and which judge will need to sign the privilege
- Identify the court costs associated with an out-of-state privilege
“Wanna Get Away?” is the famous Southwest Airlines advertisement. In contrast to this mantra, today we talk about the importance of proactively planning to get away in order to work on your business instead of in it. Get some practical tips on how to run an effective marketing retreat whether you are a solo or for your team.
Highlights:
- Understand the value of holding an annual marketing retreat
- Learn why an annual marketing retreat is best conducted offsite
- Learn how to best plan your annual retreat and why effective planning is critical to maximizing your time during the retreat
- Challenge to solo practitioners: carve out the time to make an annual retreat. Don’t wait to make this happen!
In today’s episode Jake Minick talks with Anthony Palacios of Impaired Driving Specialists LLC. Anthony is a former Drug Recognition Expert Instructor and Standardized Field Sobriety Testing Instructor. While in law enforcement, Anthony trained approximately 3,000 law enforcement officers in the detection of drivers under the influence of alcohol and drugs. Since forming IDS Consulting in 2008, Anthony has consulted in over 2,000 impaired driving related criminal and civil cases in 40 different states.
Highlights:
- Understand the background and development of validation of SFSTs, particularly as they relate to HGN
- Learn which drug categories HGN can be utilized to identify the presence of an impairing substance
- Gain insight into the mechanics of HGN and where officers make common mistakes when conducting HGN
- Uncover the real data in Dr. Marcelline Burn’s research documented in The Robustness of the Horizontal Gaze Nystagmus Test and the actual findings of this study
Work life balance is a misnomer. Your life is either balanced (i.e. centered on the right things) or it is out of balance (off center). Work is either contributing to your life being centered and balanced or it is detracting from the quality of your life. Today we consider the importance of work being at the service of your life.
Highlights:
- Listen to James’ rant on the idiocy of the term work life balance
- Discussion on the importance of building yourself personally contributing to your growth as an attorney and counselor
- Why personal goals should be a part of you and your team’s quarterly goals
- Expecting anyone to treat their work as the most important part of their life is both nonsensical and immoral. Don’t set unrealistic expectations for yourself in regards to your team
Without Core Values your firm lacks an identity. Don’t leave your legal business with a personality disorder – give your firm reality with Core Values. In today’s episode, the NC DWI Guy discusses the important of Core Values to your legal business and gives an overview of Minick Law, P.C.’s Core Values.
Highlights:
- Discover why uncovering your business’ personality is important
- Why your core values should zero in on who you are and not be aspirational
- James emphasizes the significance of writing down your Core Values
- Learn the Minick Law, P.C. Core Value System – SMILE: Student Mindset, Moral Compass, Innovative Systems, Legal Leadership, Everybody’s Rowing
In today’s episode Jonathan Dichter, of DUI Heroes in Washington state, reads an article he wrote for the Washington State Defense Journal entitled “I Will Stand With You.” Jonathan was with us on Episode 9 of the podcast and is an expert storyteller, with a background in acting and stand-up comedy. Jonathan is the author of Innovative DUI Trial Tools which is a national strategy guide for DUI Lawyers all over the country. Jonathan’s firm is devoted to clients charged with DUI and regularly teaches CLEs on DUI.
Highlights:
- Jonathan puts into perspective what client centered practice looks like
- The impact of a client centered practice on your bottom line
- How empathy for your client can change the way you feel when you walk into court and talk with your client
Having listened to Jonathan’s thoughts, take a look at an article Jonathan published last week on the National College of DWI Defense website, which develops the themes in today’s podcast: https://www.ncdd.com/top-dui-attorneys-blog/i-still-stand-with-you.
Have a question about Ignition Interlock? Jacob Harding, Regional Program Development Coordinator for ALCOLOCK, has the answer! Jacob responds to FAQs regarding ignition interlock in comprehensive fashion. If you want to develop your ignition interlock knowledge to better serve your clients, start with Episode 16 of the NC DWI Guy Podcast.
Highlights:
- Learn how the ignition interlock device is installed and operates
- Get an overview of the common agents and foods that cause false positives on an ignition interlock
- Get behind the scenes insight into how the DMV assess reports it receives from ignition interlock providers and an overview of the hearing process that follows
- Get best practice tips to pass along to your clients on how to use the device and document any error messages
Preparing a motion to suppress based on an illegal checkpoint? Start by listening to this episode of the NC DWI Guy Podcast. Jake Minick walks you through the layout of a good Constitutional attack on a sobriety checkpoint. Get the tips you need to prepare your cross-examination questions and closing argument for you next checkpoint challenge.
Highlights:
- Learn how to layout your checkpoint challenge from a big picture perspective
- Get tips on attacking the primary purpose of the checkpoint as being legitimate
- Discover the three-pronged balancing test for reasonableness and the factors that NC courts use in weighing this test
- Learn how to tailor your cross-examination questions to the reasonableness factors to achieve success in pre-trial motions
- Figure out why the only way to meaningfully determine whether there are issues with a checkpoint stop is to actually have a hearing on the case
Resources:
https://www.minicklaw.com/lawyers/
https://www.minicklaw.com/attacking-dwi-checkpoint/
You only make a first impression once. The initial consultation is the opportunity to show how you are different from every other lawyer and to build a relationship with your client. The attorney client relationship is built on trust and that trust starts from the first phone call and the initial consult. The tone you use during the initial consult sets the tone for the rest of the representation. Set the tone!
Highlights:
- Understand the purpose and objectives of a DWI consult
- Learn how to help a client listen during a consultation so that they can retain more of what you are telling them and you don’t have to repeat yourself later
- Discover the vital importance of asking the right questions during your first conversation with your client and why asking lots of questions is critical to your business
- See the value of creating a clear game plan with your client during the consult and how this game plan empowers your client
In today’s episode Jake Minick conducts a mock voir dire of expert witness Doug Scott of Drugs & Alcohol Risk Management, Inc. Doug is a former Drug Recognition Expert and helped launch the DRE program in North Carolina. Doug regularly teaches NC CLE on Standardized Field Sobriety Testing and DWI related topics. Doug has given expert testimony more than 140 times. Doug was also on Episode 12 of the podcast so be sure to start there.
Highlights:
- Learn how to conduct a voir dire of your expert witness
- Find out how sitting down with your expert before trial will help you during the real deal
- Hear Doug explain some of the pitfalls he’s seen attorneys fall into while trying to tender him as an expert
- Understand why becoming comfortable with presenting and attacking expert testimony is simply a matter of practice and preparation
In today’s episode Jake Minick talks with Doug Scott of Drugs & Alcohol Risk Management, Inc. Doug is a former Drug Recognition Expert and helped launch the DRE program in North Carolina. Doug regularly teaches NC CLE on Standardized Field Sobriety Testing and DWI related topics. Doug has given expert testimony more than 140 times.
Highlights:
- Learn when to get an expert witness involved in your case (Hint: the earlier the better)
- Get Doug’s perspective on the common mistakes attorneys make when utilizing an expert witness
- Hear Doug’s insight, based on the many jury cases in which he has been involved, about the value of expert testimony for a jury and why the jury longs to hear from a defense witness
- Get tips on how to prepare for cross-examining a State expert and how to effectively examine your own expert
How do you differentiate your practice and elevate your reputation in the courtroom? A trial bag. If you handle DWI cases and don’t have a trial bag you are missing out on a tool that can give you a competitive edge in business and in trial.
Highlights:
- Explanation of how a trial bag can help you convert potential clients during an initial consultation
- Deep dive into the power that a trial bag has in generating referrals for your business
- How your trial bag will help you win your next hearing and the case you try 5 years down the road
- A DWI law practice is a business. If you are running a business, then you must have systems for everything including the way you try cases
Episode 10: Thomas More A Man for Our Season
In today’s episode we examine the life and heroic death of Thomas More and why his example is so necessary for lawyers in our times. To many, the martyrs, those who go willingly to their death for a matter of faith, must be clinically insane. Thomas More seemed to have it all: a wonderful and wealthy wife, beautiful children who he had close relationships with, money, political power, friends in high places, etc. Yet he gave it all up to go to prison and ultimately die by beheading. Why? Because the Truth was ultimately at the center of Thomas’ life. More died because he would not acknowledge Henry VIII as the head of the Church of England and Henry’s marriage to Anne Boleyn as sacramental valid. This stance was political suicide (and ultimately led to More’s actual physical death); for many this stance would seem insane for a man who had it all. But More, like all the martyrs, was one of the few people in his society that was seeing things clearly. More had his priorities straight.
Highlights:
- James discusses how we as defense attorneys claim the moral high ground and thereby change the public perception of the criminal defense bar
- Why we need lawyer heroes as examples in our quest for the moral high ground
- Discussion of why a man who had it all (Thomas More) would throw it all away over a seemingly insignificant political statement
- An examination of why your priorities matter and More as the living example of putting first things first
- A reading of the Prayer to St. Thomas More
In today’s episode Jake Minick talks with Jonathan Dichter of DUI Heroes in Washington state. Jonathan is an expert storyteller, with a background in acting and stand-up comedy. These entertainment traits shine through in our conversation as Jonathan dives into the best strategies for building a DUI firm and his secrets to success. Jonathan is the author of Innovative DUI Trial Tools which is a national strategy guide for DUI Lawyers all over the country. Jonathan’s firm is devoted to clients charged with DUI and regularly teaches CLEs on DUI.
Highlights:
- Jonathan reveals how to run an exclusive DUI practice
- Get insider info on DUI Heroes’ mission and 7 “we believe” statements
- Discover how to differentiate yourself from the competition and why Jonathan does not worry about making his business model an open book for other DUI lawyers
- Discover the difference between starting a conversation with “how are you doing?” and “how can I help you?”
- Get Jonathan’s #1 tip on how to refer clients to other professionals such as alcohol assessors, insurance agents, and interlock providers
- Learn how Jonathan’s team communicates with clients on a firm level as opposed to through individual response
A Covid-19 Special Episode. Courthouses are schedule to begin reopening on June 1, 2020 in NC. The coronavirus pandemic has presented tremendous obstacles for our society and for our court systems. As the courthouses reopen, there will be many changes, many new challenges, and a lot of trial by error. Many key players in the criminal justice system (judges, jurors, prosecutors, clerks, bailiffs, defense lawyers, and clients) will experience frustration and anxiety in dealing with these changes and challenges. However, these challenges give the criminal defense bar the opportunity to be the shining light of compassion and patience following the darkness of this disease. Let’s use this opportunity to showcase our character and change the public perception of our profession.
Knowing the law is only one piece of success in district court. In today’s episode Jake Minick gives tips on how to navigate the complex waters of North Carolina’s Criminal District Courts. Success in district court is about building relationships with the key court players and creating and maintaining the right perception of your character. While there are no shortcuts when it comes to winning in District Court practice, listen now to get 10 easy ways to elevate your game.
Highlights:
- Understand why relationships with court personnel are critical to your success in district court and how to improve them
- Find out how to create the right first impression in court and why this is essential to your long term success
- Think preparation is not important? Think again. Learn why preparation is the #1 way to build your reputation
- You can’t effectively practice in criminal district court without understanding its purpose. Gain insight into the purpose of district court
In today’s episode Jake Minick talks with NC DWI trial attorney Chas Post. Chas Post is a Board Certified Specialist in State Criminal Law by the North Carolina State Bar and is the only lawyer in Lee County, NC who has earned that distinction. With his broad understanding of North Carolina criminal laws, Chas specializes in Criminal Defense and Driving While Impaired (DWI) cases throughout the state. Born and raised in Sanford, Chas represents folks from all walks of life. Chas is known throughout the legal community as being a tenacious trial attorney who is not afraid to litigate the tough cases. He relishes an opportunity to represent the “little guy” and to go “head-to-head” with the tremendous power of government in front of a jury of 12. He has tried hundreds of bench trials, argued hundreds of pre-trial motions, and appeared in countless hearings on behalf of his clients.
Highlights:
- Chas provides a detailed roadmap for a stellar initial consultation
- We discuss the importance of going through discovery, both the officer’s report and the video, with a fine tooth comb
- Insights into how to humanize your client during voir dire, opening statements, and closing argument
- Chas emphasizes the importance of watching and utilizing video evidence
- Learn how to use the jury instructions to empower your closing
- Find out from Chas how we can improve the public perception of the criminal defense bar
In today’s episode of the NC DWI Guy Podcast, Jake Minick talks about a lawyers most valuable commodity: time. Your legal business cannot be successful if you don’t have time to spend on your business instead of just in it. The key to buying time is to delegate delegate delegate! Find someone else to take over the tasks that you do not enjoy doing and see your practice thrive and your life become full.
Highlights:
- A discussion of why the billable hourhas harmed the entire legal industry, even firms that don’t use a billable hour model
- We look at how the key to generating more time for yourself is delegation, starting with the task you like to do least
- We talk about how a good legal practice can only become an exceptional legal businesswhen the managing partners are spending time working on their business
- Despite the importance of work ethic, we examine why working smarter, not longer, is the key to success
Episode 4: Using Ferguson and Hatley to Exclude BAC Results
In today’s episode we examine the right to have a witness present for breath testing. We look at the cases of State v. Ferguson and State v. Hatley and how to exclude the blood or breath results based on these cases. Get ready to learn how to mount an attack to the chemical results in your case.
Highlights:
- Discussion of the legal framework for arguing a statutory violation based on the denial of a witness to chemical testing
- Review of State v. Hatley and what it means for a witness to make “reasonable efforts to gain access to the defendant”
- Examination of the remedy for both constitutional and statutory violations of defendant’s right to have a witness
- Exploration of Red Herrings the State might argue in a hearing based on the denial of access to a witness
In today’s episode Dr. Daniel Martin helps us improve our knowledge of addiction as a disease. Dr. Dan then explains torque release technique and how it was utilized by the Miami Drug Court to dramatically increase the success of participants and treat addiction to drugs and alcohol.
Today’s Guest
Dr. Daniel Martin owns and manages Radius Chiropractic in Asheville, NC. He earned his doctorate of chiropractic from the Life University. He is advanced proficient certified in torque release technique, which is the most specific scientific research-based chiropractic technique in the world. Dr. Dan has a passion for seeing lives changed through principled chiropractic. He is currently earning his diplomat in addictionology from the American College of Addictionology and Compulsive Disorders, which is a certification that will allow him to impact the lives of many individuals in the Asheville community.
Learn more about Dr. Dan by visiting: https://www.radiuschiropractic.com
Highlights
- Gain a deeper understanding of addiction
- Discover how Torque Release was used in the Miami Drug Court to dramatically improve successful participation
- Learn about how Torque Release Technique can be used to help individuals with drug and alcohol addiction
- Learn how to utilize a client’s commitment to treatment in a sentencing hearing
In today’s Episode we strategize about preparing for your DWI trial. Trial readiness starts before your potential client ever calls you on the phone. Get the comprehensive overview of a DWI defense battle plan.
Highlights:
- Discussion on the Importance of a Student Mindset When it Comes to Being a Trial Lawyer
- Understand Why Practice Makes Perfect When it Comes to Trial Prep
- Learn How to Use the Discovery in Your Trial Readiness
- Explanation of Why You Should Visit the Arrest Scene Before you Cross Examine the Arresting Officer
- Discover What a Trial Bag is and Why it’s Important
In Episode 1 we discuss the importance of the purpose of your law firm, the "why" of your firm. A look at how improving the culture of your firm can change the life of your clients and the public perception of criminal defense lawyers.