Shows
The NC DWI Guy252. Dojo Series - The ConsultThe NC DWI Guy is finally back and kicking off a 5-part DWI essentials training series. The translation for the Japanese word “Dojo” is “the place of the way.” In this series Jake identifies fertile training ground for becoming a better DWI warrior. In today’s episode, Jake discusses the importance of the consult for establishing trust and growing your business and gives practical tips on how to become a better communicator and converter in your consult. Get ready to train in the DWI Dojo!2025-04-3050 minThe NC DWI GuyYour Law Firm in 10 YearsToday 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 wher...2024-02-2136 minThe NC DWI GuyDWI Vehicle SeizureWhen 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. 20-2...2023-04-2638 minThe NC DWI GuyThe Marathon of BusinessWe 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 bu...2022-03-231h 01
Counsel CastHow do I set up my legal practice on Google local search? with Jake MinickIn this episode, I speak with Jake Minick -- the ‘Asheville DWI Guy’. Concentrating his practice in DWI / DUI Defense, he has handled hundreds of DWI cases throughout Western North Carolina. The National Trial Lawyers association has named Jake one of its Top 100 Trial Lawyers from 2014-2017. He is a General Member of the National College for DUI Defense, and has successfully completed the National Highway Traffic Safety Administration’s course on DUI Detection and Standardized Field Sobriety Testing, a 24 hour course taught to officers trained in DWI investigations. We talk...2021-10-1226 minThe NC DWI GuyUtilizing Breath Testing Technology for Your ClientsOn 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...2021-07-2837 minThe NC DWI Guy2021 DWI UpdateIn 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. 2021-07-2158 minThe NC DWI GuyWhy Should I Hire You?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 co...2021-07-0730 minThe NC DWI GuyDUI Math with James NesciOn 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...2021-06-161h 02The NC DWI GuyUnder the Hood of the EC/IR II with Dr. Andy EwensOn 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 nu...2021-06-091h 01The NC DWI GuyUnderstanding the Science of Breath Testing with Dr. Andy EwensOn 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 pro...2021-06-0255 minThe NC DWI Guy10 Incredible Marketing Resources to Grow Your PracticeWant 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 disc...2021-05-1941 minThe NC DWI GuyUtilizing State v. Knoll in DWI CasesEpisode 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 f...2021-05-1253 minThe NC DWI GuyState v. KnollOn 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...2021-05-0550 minThe NC DWI GuyWinning with Relationships Featuring Zeb SmathersOn 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...2021-04-2842 minThe NC DWI Guy10 Incredible Resources for NC DWI LawyersWant 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...2021-04-2145 minThe NC DWI GuyLessons Learned Over 2+ Decades as a Public DefenderOn 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 publ...2021-04-1459 minThe NC DWI GuyWhat Makes a Field Sobriety Test Standardized?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...2021-04-0727 minThe NC DWI GuyThe Key to a Golden Ticket Idea is ImplementationIn 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. Impleme...2021-03-2420 minThe NC DWI GuyGrowing Your Law Practice with Social Media Featuring Ali AwadOn 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’...2021-03-1751 minThe NC DWI GuyWalk and TurnToday 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 fiel...2021-03-1043 minThe NC DWI GuyThe Value of a Strong Criminal Defense Bar with Meghann BurkeOn 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...2021-03-0342 minThe NC DWI GuyOne Leg StandToday 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...2021-02-2426 minThe NC DWI GuyTips on Plea Negotiation in Criminal CasesIn 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...2021-02-1026 minThe NC DWI GuyInside the Public Defender's Office with Tim HendersonOn 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 clien...2021-02-0344 minThe NC DWI GuyBuilding a Traffic Ticket Law Firm with Jody LanierOn 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 st...2021-01-2050 minThe NC DWI Guy5 Ways to Attack the Breath Test in NCOn 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 offi...2021-01-1332 minThe NC DWI GuyDelivering Closing ArgumentsOn 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...2021-01-0639 minThe NC DWI GuyWatching the 2020 Game FilmIn 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 lea...2020-12-3046 minThe NC DWI GuyEvolution of Legal Marketing Over the Last 3 DecadesOn 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 co...2020-12-2351 minThe NC DWI GuyStrategic Vision & Planning for 2021In 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 wo...2020-12-1614 minThe NC DWI GuyInside a DUI Practice in LA with Don HammondOn 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 tes...2020-12-091h 09The NC DWI GuyPreparing for a DWI Sentencing Hearing (3 of 3)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 th...2020-12-0248 minThe NC DWI Guy5 Tips for Challenging Probable Cause in a DWIWant 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 scien...2020-11-0431 minThe NC DWI GuyCelebrating 10 Years!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 b...2020-10-281h 17The NC DWI GuyCore ValuesWithout 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 Syst...2020-08-1214 minThe NC DWI GuyIgnition Interlock ExplainedHave 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 p...2020-07-2939 minThe NC DWI GuyAttacking a DWI CheckpointPreparing 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...2020-07-2232 min
The NC DWI GuyDWI Practice Tips and Case Strategy with Chas PostIn 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 litig...2020-05-2041 min
The NC DWI GuyBuying Time with the Currency of DelegationIn 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 billab...2020-05-1314 min